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Industrial Illness Claims

Industrial Illness Claims

Industrial illness claims refer to any injury, diseases or disabilities attributed to a unique working environment due to some form of negligence. If you contracted some form of illness, suffered an injury or became disabled in the course of performing your job in your workplace, you may be eligible to claim compensation.

If you have suffered from a work-related illness, then we are here to help. Our team of specialist solicitors will make it their business to help you pursue the industrial illness claim fitting of your individual compensation case.

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Under the Health and Safety Act, every employer is contractually obliged to provide a duty of care to their employees. Employers must protect the employee from any health and safety risks that could potentially present within the workplace. They can comply with this legislation in a variety of ways. Including ensuring that employees have enough work breaks, providing risk-specific training, avoid working in the same environment – or repeating the same task for too long – and ensuring the provision of personal protective equipment (PPE).

Unfortunately, many employers fail in these key areas, thereby putting their employees’ health and wellbeing at risk. Over the years our solicitors have helped clients make industrial illness claims following a range of illness which include;

  • Respiratory problems (like silicosis or occupational asthma)
  • Hearing damage (such as noise-induced hearing loss, acoustic shock etc)
  • Chemical poisoning
  • Repetitive strain injury (RSI)
  • And many more

If you have developed – or suffering from – a work-related illness, here at DIYPI we can help you make an industrial injury or disease claim. Most of the industrial illness claim we have handled are on a ‘No Win No Fee’ basis. Meaning, you don’t have to make an upfront payment, and nor will you be liable for any legal payments, in the event that your claim is unsuccessful.

Contact us for a free consultation on your claim for industrial illness, so you can put us in the picture about your individual case. Once we’re in receipt of your back story and information, we can then advise you on whether you can make an industrial injury claim.

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We handle industrial illness claims on what’s called a ‘No Win No Fee’ agreement, as explained above. We also discuss alternative funding options at the beginning of your claim, offering additional advice on the most suitable ways we can support you to progress your claim. If you are covered by a trade union policy – or have legal expense insurance – these might be advantageous to your personal cause from the outset.

If we think we’re in a position to offer assistance courtesy of a ‘ No Win No Fee’ agreement, we will clearly explain our assessment processes to you. In this case, and as outlined earlier, you only pay when your claim is successful. Most of the fee will be paid by your opponent, while the remaining will be deducted from your compensation settlement.

How Much Should I Expect as My Compensation?

The compensation you receive after a work-related illness depends on a few factors related to your specific condition. By and large these take into account core aspects, such as the support and the rehabilitation you need, along with the circumstances that lead to you falling victim to the illness or disease in the first instance.

The amount you may be entitled to as compensation is based on the following criteria;

  • Travel and medical expenses you have to pay
  • Modification of your home
  • Current and future loss of your earnings
  • Care and support you need now and in the future
  • Your pain and suffering
  • Mobility aids required

Can I claim If the Company No Longer Trades?

Yes, you can claim if the company is out of business. The company has to be insured to deal with situations like this, so the business’ insurer will be responsible for the compensation payments.

If I Claim Against My Employer, Will I Risk Losing My Job?

There is a legal safeguard in place for unfair dismissal, and if you claim against your current employer, the compensation pay-out is the responsibility of said insurance policy provider, not your employer.

So, if your employer does choose to dismiss you, they must be able to justify their reasons about your claim.

To discuss this subject in more detail, our solicitors will talk you through your rights and what you should expect.

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