Industrial Disease Compensation

Employees who are diagnosed with industrial diseases as a result of their work may be in the position to make a compensation claim. There are many different industrial diseases which are caused through exposure to hazardous substances at work; employers have legal responsibilities to consider when working with such substances. For example, a safe working environment must be provided to all employees, this means providing protective clothing or carrying out health and safety assessments wherever required. Employers are also required by law to carry out risk assessments on all areas of work which present a risk to the employee or anybody else who it may affect, for example a customer. Failure to fulfil the legal requirements which are in place will leave an employer liable to compensation claims, not meeting these requirements also means that claims are likely to be successful if satisfactory evidence can be provided.
Some common industrial diseases which have brought successful compensation claims in the past are diseases such as asthma, benzene poisoning, carbon monoxide poisoning, chemical poisoning, chronic silicosis, dioxin poisoning, farmers lung, industrial deafness, latex allergy, occupational dermatitis, vibration white finger and welding rod fumes injuries.
Work environments which are highly likely to present the potential risk of catching such industrial diseases include shipyards, railways, hotels, plumbers, loading docks, oil refineries, chemical plants, fire fighters, metal lathers and boiler makers.
Asbestos exposure is one of the most common industrial diseases and also brings many compensation claims each year, many of which are successful. There are three types of asbestos; these are chrysotile, crocidolite and amosite. All three types of asbestos are similar and the symptoms of any diseases caught are also very similar.
Exposure to asbestos can result in further serious injuries to some people, in some cases cancer is also contracted due to the exposure. The symptoms of asbestos poisoning include shortness of breath, pain in the lower back or side of the chest, coughing and weight loss.
Anybody wishing to make a claim for industrial disease contraction must be aware of the evidence which may be required if the claim is taken to court. An employer must be proved to have failed to fulfil their duty of care; this may include not providing training or safety equipment. Not only this, an individual is also likely need to prove that the injury they have contracted is due to the environment of their work life and not from elsewhere. For the chance of ensuring a claim relating to industrial disease is successful, individuals are recommended to take legal advice. A solicitor or specialist claims firm is likely to be aware of the relevant steps to take and also the evidence which is required. A case where an employer has clearly failed to fulfil their duty of care may see them attempting to settle a case out of court to avoid any bad publicity, although it must be considered that a higher amount of compensation may be secured at court.