Industrial Disease Claim: Compensation for Work-Related Illness

Conditions We Handle

Industrial disease claims commonly involve:

• Asbestos-related illness — including mesothelioma, asbestosis, and pleural thickening
• Industrial deafness (noise-induced hearing loss) — caused by prolonged exposure to excessive workplace noise without adequate hearing protection
• Hand-arm vibration syndrome (HAVS) — from prolonged use of vibrating tools, causing numbness, pain, and reduced grip
• Occupational asthma and respiratory disease — caused by exposure to dust, fumes, or chemical irritants
• Occupational dermatitis and skin conditions — from contact with irritant substances
• Repetitive strain injury (RSI) and musculoskeletal conditions — from repeated movement or poor manual handling practices
• Chemical poisoning — from exposure to harmful substances without proper protective equipment

What You Need to Prove

To succeed with an industrial disease claim, you generally need to show:

1. Exposure — that you were exposed to the substance, noise, vibration, or conditions in question during your employment
2. Employer negligence or breach of statutory duty — that your employer failed to take reasonable precautions that were required by law or good practice at the time, such as providing protective equipment, limiting exposure, or carrying out required health monitoring
3. Causation — that this exposure caused, or materially contributed to, your illness

Medical evidence is central to every industrial disease claim, both to confirm diagnosis and to link it to your specific occupational exposure rather than another cause.

Time Limits: Why the Diagnosis Date Matters More Than the Exposure Date

You generally have three years to claim, but the clock starts from your “date of knowledge” — when you first knew, or reasonably should have known, that your illness was significant and likely linked to your work — not from when the exposure itself happened. This is especially important for conditions like asbestos-related disease, which can take decades to develop and be diagnosed. Someone exposed to asbestos in the 1980s but only diagnosed with mesothelioma today would generally have three years from that diagnosis to claim, not three years from the 1980s.

What If My Employer No Longer Exists?

This doesn’t prevent a claim. Employers have been legally required to hold employers’ liability insurance since 1972, and that insurance — not the employer’s continued existence — is what a claim is actually made against. The Employers’ Liability Tracing Office (ELTO) helps trace the relevant insurer even where the employer has since closed, merged, or changed name. Where an employer or its insurer genuinely can’t be traced, further options may be available, including government compensation schemes for certain asbestos-related conditions.

What Compensation Can You Claim?

Industrial disease compensation typically covers:

• General damages — for pain, suffering, and loss of amenity caused by the condition
• Special damages — loss of earnings (past and future), medical and treatment costs, home adaptations or equipment where the condition affects daily life, and care costs where support is needed

There’s no fixed tariff for industrial disease claims; each is valued individually based on medical evidence and the condition’s impact on your life and ability to work.

Mesothelioma and Serious Asbestos-Related Claims

Claims involving mesothelioma and other serious asbestos-related conditions are treated as a priority, given the seriousness of the diagnosis. Courts and claims processes have specific fast-track provisions for these cases, recognising the urgency involved. If you or a family member has received this diagnosis, please call us directly — we’ll explain your options clearly and move at the pace the situation requires.

Our Claims Process

1. Free consultation — we assess whether you have a valid claim and explain your options, in person, by phone, or via Zoom, Teams, WhatsApp, or Skype
2. No win no fee agreement — we take on eligible cases without upfront cost to you
3. Evidence gathering — medical records, employment history, and where needed, tracing the responsible employer’s insurer via ELTO
4. Negotiation — we deal directly with the employer’s (or former employer’s) liability insurer
5. Resolution — most claims settle without going to court; where they don’t, we represent you throughout

Why Choose Adam Bernard Solicitors?

• Our personal injury solicitors have years of experience handling industrial disease claims, including complex and historic cases
• A consistent track record of successful outcomes for our clients, backed by client testimonials
• Cases taken on a no win no fee basis wherever possible — you pay nothing unless we win your compensation
• Regulated by the Solicitors Regulation Authority (SRA No: 598171, 656730)
• Offices in High Holborn, Central London and Upton Park, East London, with 24/7 phone contact and free video consultations