Industrial injury claim & industrial disease claim process
Industrial injury and workplace accidents are both significant contributors to the number of workers’ compensation claims processed in the UK every year. Your employer has a duty of care to make your working environment as safe as possible. If you have been hurt or fallen ill due to poor working conditions, talk to us at The Compensation Experts so that you can collect the industrial injury compensation you deserve. Our team of solicitors have the skill and experience necessary to help you make a successful industrial injury claim or accident at work claim.
What is an industrial injury claim?
There is a broad range of conditions that can be classed as an industrial disease. Some of the more typical cases we handle as workers’ compensation solicitors include:
The health risks associated with asbestos are widely known and documented now but, decades ago when it was a commonly used building material, employees were exposed to unacceptable levels of risk without being informed of the dangers or provided with adequate protection. Asbestosis and Asbestos Mesothelioma are potentially fatal industrial injuries where victims, or their next of kin if they are deceased, can claim industrial injuries compensation even decades after unprotected contact with asbestos.
Get in touch to make a claim if your asbestos-related disease was diagnosed within the last 3 years. Or, in the case of somebody who has passed away from an asbestos-related disease – which they did not know about, or having been diagnosed did not survive three years, a fresh three year period will commence on the date of their death.
Vibration White Finger (VWF), also commonly known as Hand-Arm Vibration Syndrome (HAVS), is an industrial injury affecting thousands of workers throughout the UK. VWF affects blood circulation and impacts the blood vessels, muscles, nerves and joints of the hand, wrist and arm. It is triggered by the continuous use of vibrating hand-held machinery and tools.
People who suffer from VFW often complain of tingling whiteness or numbness in the fingers. As the condition worsens, the whole finger, down to the knuckle, may lose feeling and become white. Exposure to cold temperatures usually triggers symptoms.
Have you regularly used vibratory tools, equipment or machinery and been diagnosed with the above symptoms in the last 3 years? If so, get in touch today to discuss a claim for compensation.
Carpal tunnel syndrome is a debilitating and painful condition which can have a hugely detrimental effect on the life of anyone affected by it. It impacts your wrists and hands, causing weakness, numbness and tingling. The pain and restriction of movement are caused by compression of the median nerve that travels through the wrist.
Workers most likely to suffer from carpal tunnel syndrome are those who operate vibrating tools or perform heavy lifting and repetitive hand movements for 5 or more years. Because the condition can be linked to vibratory tools, there is also a link with another condition known as hand-arm vibration syndrome. If vibration causes carpal tunnel, it is also referred to as ‘vibration induced carpal tunnel syndrome.’
Your employer is responsible for reducing your risk of developing this work-related condition and should they fail to take appropriate action and you have been diagnosed within the last 3 years, get in contact to discuss a carpal tunnel compensation claim.
Exposure to chemicals can cause the skin to become itchy and inflamed. Called industrial dermatitis or occupational dermatitis, it may result from damage caused by contact with hazardous chemicals (Irritant Contact Dermatitis), or by a sensitive reaction (Allergy Contact Dermatitis). Cleaners, hairdressers, hospital workers, and anyone who regularly comes into contact with chemicals like chlorine or pesticides are all susceptible to industrial dermatitis.
Symptoms of industrial dermatitis can include itching, swelling, blisters, flaky or dry skin, and a stinging or burning sensation on the skin that was affected by the chemical. It is usually a condition which can be easily treated and quickly cured, but when it does not, you may be entitled to claim work-related dermatitis compensation via an industrial injury claim.
Asthma is not only a condition that develops in childhood. At The Compensation Experts, we have helped adults who have developed the injury in later life due to exposure to air contaminated by dust, dangerous fumes or gas in the course of doing their job. Symptoms of occupational asthma can include shortness of breath and the sensation that your chest is being squeezed, wheezing and coughing, and asthma attacks.
Work-aggravated asthma is a term used when existing asthma is made worse by someone’s job. Asthma UK estimates that up to 15 percent of the new diagnosis of asthma in adults are occupational asthma. Employees most often affected are bakers and cabinet makers who work in areas where there is a significant amount of flour or wood dust in the air, those who work with animals and agriculture, hairdressers, and people who work with metals or solder flux, such as those in the electronics manufacturing industry.
The Compensation Experts can help clients who are suffering from occupational stress. Stress and anxiety are, unfortunately, a part of the lives of many people. When a psychiatric injury can be proven to have resulted from excessive stress at work, a client may be entitled to claim compensation. Examples can include people who have struggled with excessive workloads over an extended period, being the victim of workplace bullying and harassment, or working in a naturally stressful environment, such as the police service, without adequate emotional care.
If you believe you are suffering from occupational stress, talk to The Compensation Experts today to see if you are entitled to industrial injuries compensation claims. Our legal advisors can help you determine whether you may be able to claim compensation successfully.
Repetitive Strain Injury, often referred to simply as RSI, is an injury that occurs carrying out the same activity or motion repeatedly over a prolonged period. It can happen as easily to those who use keyboards and computers as it can to people who work on a production line. RSI typically affects the upper body and can lead to pain in the neck, shoulders, arms, wrists, and hands.
Carpal tunnel syndrome, tendonitis and bursitis, where there is swelling and inflammation of the tendons and muscles are examples of RSI. The condition can also cause pain but no visible symptoms and is sometimes called non-specific pain syndrome. Both types of RSI can have a debilitating effect on a sufferer, and where it can be proven the condition resulted from employer negligence, compensation may be paid.
Work-related hearing loss is most common amongst clients who work in an industrial setting, in call centres and agriculture. Employers should ensure staff who work in a noisy environment have access to adequate protection. Their responsibility is clearly outlined in The Control of Noise at Work Regulations 2005, so there is no reason for them not to follow defined Health and Safety procedures.
Industrial deafness can be caused by prolonged exposure to noises over 80 decibels or by a single exposure to a sudden loud (over 118 decibels) noise. This latter condition is typically referred to as acoustic shock or acoustic trauma and is particularly prevalent in industrial compensation claims from call centre workers who do not use a noise limiting headset.
What is an Industrial Accident Claim?
You may have grounds to make an industrial accident claim if you have been injured in the course of carrying out your regular, expected duty. Even if your actions caused the injury, if your employer has not provided adequate training or you do not have the correct tools or safety equipment, then they are liable for damages.
Typical examples of industrial compensation claims for industrial accidents can be due to:
- Electric shock
- Eye injuries
- Head and brain injuries
- Fractured bones and dislocated joints
- Back and spinal damage
- Muscle strain
- Slips, trips, and falls
- Falls from height
- Exposure to dangerous substances
- Chemical burns
The laws around health and safety in the workplace are very clear, and it is against the law for your employer not to follow them. Ignorance of their obligations towards employees is no excuse, and industrial accidents can happen in any industry and any job.
Industrial accident claims are a specialist area of personal injury law. Often, the damage does not show until years after it was done – for example, someone who develops industrial deafness or an asbestos-related disease. At The Compensation Experts, we work with lawyers who have a proven track record in successful industrial injury compensation claims. After your initial consultation with our advisors, we will match you with the lawyer who best suits your circumstances.
What is a Workplace Accident?
If you have been hurt in an accident at work that was not your fault, or where you were not entirely responsible, talk to a legal advisor at The Compensation Experts. There is extensive legislation that has been put in place to protect workers in the UK. Whether you are the CEO of a blue chip organisation in the capital or a school cleaner, you are entitled to work in an environment where your employer has taken all reasonable precautions to minimise the risk of you receiving an injury in a workplace accident.
Accidents at work can relate to any event that causes an injury. Of all the accidents reported to the Health and Safety Executive in a year, nearly a quarter of them have an unknown cause. Of the rest, the most frequent causes are:
- Slips, trips and falls
- Being hit by a moving object
- Manual lifting
Workplace injuries can range from broken fingers to lost limbs and even death. An example of a successful workplace injury compensation claim involved a woman struck by a stack of falling pallets. She suffered a back injury which took more than six months to heal and had to reduce her hours and responsibilities as a result, as her job involved spending a lot of time on her feet. Even before she contacted her compensation solicitor, she had received an offer of £2,000 compensation from her employer’s insurance company. They initially raised this to £4,000 after being approached by her lawyer, eventually settling out of court for nearly £10,000.
Claiming Compensation for Industrial Injury or Industrial Accident
Nearly 40,000 accidents in the combined construction and manufacturing industries are reported to the Health and Safety Executive every year. The Compensation Experts can help you obtain maximum industrial injuries compensation where it is possible to prove your employer was negligent in either ensuring the safety of your workplace or giving you adequate safety equipment and training to ensure you could carry out your job in safety.
Get in touch today if you believe your industrial injury or workplace injury was avoidable. We can talk to you in detail about your particular circumstances, offering free no-obligation advice to let you know whether you may have grounds for a successful claim and whether it is in your best interest to do so.
As the claimant, it is your role to prove your accident was caused, or at least partially caused, by another person’s error. We will help you do that by thoroughly researching the circumstances around your injury and working environment, obtaining medical and industry expert reports if applicable, and contacting witnesses to help build a strong case to support your industrial injury claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical, emotional and financial suffering to ensure the amount you receive is fair.
Once they have looked through your claim request and carried out their investigation, your employer’s insurance company will either make an offer of compensation or deny liability. Offers at this stage are typically lower than would be considered acceptable based on previous claims that have settled recently. Our role here is to advise you whether an offer is good and, if you choose not to accept it, negotiate with the other party for maximum compensation.
Compensation amounts are not plucked out of thin air. They are calculated by looking at general and special damages. General damages take into account the physical or, in the case of workplace stress, psychological trauma you have suffered, including your prognosis for recovery. Special damages account for any financial expense caused by your accident including paying for prescriptions, obtaining reasonable private medical care, and the cost of any additional nursing or care support you have needed. You will need to prove all of these so make sure you keep every receipt. If you are not sure whether an expense is covered under special damages, ask your claims lawyer before spending the money.
General damages can also include wages lost while you have been recovering from an injury, while special damages may involve a prediction of lost earnings if your injury or injury is so severe you are unable to continue working in the same role as before your accident.
With the right legal support, the vast majority of industrial compensation claims are resolved without the need to go to court, saving claimants both money and time. If the other party refuse liability or you can’t agree on an acceptable amount of compensation we may recommend you submit your claim to court. This action needs to be taken within three years of the date of your injury or when your symptoms were linked to your job. Negotiations will continue even when a court date has been set, and it is not uncommon for an agreement to be reached hours before a claim is due to be heard in court.
Things to Consider When Claiming Industrial Injury Compensation
A compensation claim is not a simple process, though it can be made easier if you remember the following points.
- Every employer should have a documented process for reporting accidents or industrial injury so report your condition as soon as possible and request a copy for your records.
- Write down as much as you can recall about the environment that caused your accident or injury. Take pictures where applicable and take the names of anyone who witnessed your accident. We may contact them for a statement to help substantiate your claim.
- Keep all your receipts, payslips, and details of any money you have to spend for anything related to your injury or injury as reasonable expenses can be included in your compensation payment.
Your lawyer can advise you whether an amount is fair or not but only you have the power to decide whether to accept it. Be aware that doing so is final. If your injury turns out to be worse than you initially thought, you can’t make a secondary claim. Expert legal advice is not to accept an offer without having a professional medical assessment and prognosis.
Talk to an experienced legal advisor before deciding whether or not to proceed with an industrial injury claim. We offer a free, no-obligation consultation to answer any initial question you have about the process of making a claim and give you the information you need to make an informed choice about if and how to proceed.
At The Compensation Experts, we believe that professional legal representation should be available to everyone who needs it. That is why we offer a No Win No Fee* agreement to minimise any financial risk associated with making a claim.
Whatever you decide, you can trust that The Compensation Experts will do our best to help obtain the maximum compensation so you can move on from your accident and live the life you deserve.
Contact us today and ask how we can help you start your compensation claim.
*conditions may apply
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. This service is 100% free.
We assess each claim on its merits with the information provide, which aids us determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our personal injury solicitors are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Solicitors
Each client is provided with their own Personal Injury solicitor who will work on the case from start to finish, being there every step of the way. The client will be provided with a direct phone number and direct email address of the solicitor.
Expert industrial injury and industrial accident compensation solicitors working for you
We specialise in helping victims of industrial injury and industrial accidents claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to.