Satchell Moran Solicitors
10 Dryden Road
Wavertree Technology Park
Liverpool, L7 9PG
0151 268 8282
info@satchellmoransolicitors.com
Satchell Moran Solicitors
10 Dryden Road
Wavertree Technology Park
Liverpool, L7 9PG
0151 268 8282
info@satchellmoransolicitors.com
If your health has been damaged by conditions at work, rather than by a single accident, you may be able to bring an industrial disease claim against your employer. Conditions such as repetitive strain injury, occupational asthma, noise-induced hearing loss and hand-arm vibration syndrome can all give rise to compensation where your employer failed to protect you from a known workplace risk.
An industrial disease, also called an occupational disease, is a health condition caused by prolonged exposure to a hazard at work rather than by a one-off incident. This distinguishes it from a typical accident at work claim, where the injury usually results from a single identifiable event such as a fall or a piece of faulty equipment. With industrial disease, the harm builds up gradually, sometimes over months, sometimes over decades, which changes how the claim is investigated and evidenced.
Common examples we see include:
Every employer in England and Wales owes a duty under the Health and Safety at Work etc. Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees. This is not a duty to eliminate all risk. It is a duty to take reasonable, proportionate steps: proper risk assessments, suitable protective equipment, adequate training and appropriate limits on exposure. Where more specific hazards are involved, such as vibration, noise or manual handling, additional regulations set out detailed employer obligations for managing that particular risk. Legislation.gov.uk
To succeed in an industrial disease claim, you generally need to show four things:
Where an employer accepts these elements are made out, or a court finds against them, compensation typically covers two heads of loss: general damages for pain, suffering and loss of amenity, and special damages for financial losses such as lost earnings, medical costs, and the cost of any care, equipment or adaptations you now need. The value of a claim depends entirely on the severity of the condition and its ongoing impact on your life and ability to work, so anyone offering you a guaranteed figure before reviewing your medical evidence should be treated with caution.
Personal injury claims in England and Wales are generally subject to a three-year time limit under section 11 of the Limitation Act 1980. For an accident with a clear date, that clock usually starts on the day of the accident. Industrial disease is different, because symptoms can develop so gradually that it is genuinely unclear when the condition became significant enough to justify a claim. LexisNexis
For this reason, the time limit for industrial disease claims usually runs from your date of knowledge rather than the date you were first exposed to the hazard. Under section 14 of the Limitation Act 1980, date of knowledge means the date on which you first knew that your injury was significant, that it was attributable to your work, and the identity of the employer responsible. In practice, this is often the date a GP or specialist first told you your condition was work-related, not the date symptoms first appeared. If a claim is brought outside the three-year window, the court retains discretion under section 33 of the Act to allow it to proceed where it would be equitable to do so, but this discretion is not guaranteed, so it is always better to seek advice as soon as you suspect a link between your work and your health. Wikipedia
This is one of the most common concerns we hear, and it should not put you off pursuing a claim. Under the Employers’ Liability (Compulsory Insurance) Act 1969, businesses operating in Great Britain are legally required to hold employers’ liability insurance, and that policy remains valid long after the business itself has closed down. Where an employer is no longer trading, we use the Employers’ Liability Tracing Office (ELTO) database to identify the relevant insurer from the years you were exposed to the hazard, and the claim proceeds against that insurer rather than the defunct company.
Because these conditions develop over time, and sometimes involve more than one employer, the evidence gathering stage is more detailed than in a straightforward accident claim. It typically includes:
If more than one employer may be responsible, for example where you were exposed to vibration or noise across several jobs, liability can be apportioned between them based on the medical and employment evidence.
If you suspect your health has been affected by conditions at work, the practical first step is to see your GP or an occupational health specialist and get your condition formally assessed and, where possible, linked to your work. Report your symptoms to your employer if you are still working there, both to trigger any workplace adjustments you may be entitled to and to create a contemporaneous record. From there, a specialist solicitor can advise whether you have a viable claim, begin tracing insurers if needed, and issue a letter of claim to start the formal process under the Pre-Action Protocol for Personal Injury Claims.
At Satchell Moran Solicitors, we handle industrial disease claims on a no win, no fee basis, so there is no financial risk in finding out where you stand. Our specialist accident at work team will review your circumstances, your employment history and your medical evidence, and give you a clear, honest assessment of whether you have grounds to claim. We hold dual Lexcel accreditation, reflecting the standard of care and process we apply to every case, including the complex, evidence-heavy claims that industrial disease work often involves.
If you believe your health has suffered because of your working conditions, get in touch with Satchell Moran Solicitors today for a free, no obligation discussion about your options.
Start your claimYes. Bringing a claim does not affect your employment rights, and it is unlawful for an employer to dismiss or treat you less favourably because you have made a claim. Any compensation is paid by the employer’s liability insurer, not by the business directly.
No. Many people bring successful claims while still employed in the role that caused their condition, particularly where early diagnosis allows for workplace adjustments alongside the claim.
Industrial Injuries Disablement Benefit (IIDB) is a no-fault, tax-free state benefit administered by the DWP for people disabled by certain prescribed diseases, and does not require proof of employer negligence. A civil compensation claim is separate, requires you to prove your employer was at fault, and can result in significantly higher compensation, though any IIDB received is usually taken into account when a claim settles.
Yes. Where your condition has developed from exposure across several jobs, your solicitor will gather evidence from each period of employment and, where liability is contested, a medical expert will help apportion responsibility between the employers involved.
This varies considerably depending on how quickly liability is accepted and how complex the medical evidence is. Straightforward cases with accepted liability can settle within a year, while contested cases involving multiple employers or ongoing medical treatment can take considerably longer.
Most industrial disease claims settle through negotiation without a final court hearing. Court proceedings are usually only necessary where liability is strongly disputed or where the parties cannot agree on the value of the claim.
