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 while performing your job in your workplace, you may be eligible to claim compensation.
Industrial illnesses could include any of the following:
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.
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.