When most people think of workplace injuries, they picture sudden accidents, a fall from height, a machinery malfunction, or a slip on a wet floor. But not all work-related injuries are immediately apparent. Industrial diseases, such as asbestos-related illnesses, hearing loss, or repetitive strain injuries, often develop over time, making them harder to detect and prove to allow a compensation claim.
Understanding the differences between accident claims and industrial disease claims is essential – and this is especially true if you’re considering legal action.
Employer Duties Under Health and Safety Law
Under the Health and Safety at Work etc. Act 1974, employers in England and Wales have a legal duty to protect the health, safety, and welfare of their employees. This is not an absolute duty but only “so far as is reasonably practicable”. This includes:
- Providing safe systems of work and well-maintained equipment
- Ensuring safe handling and storage of hazardous substances
- Offering adequate training, supervision, and protective gear
- Maintaining a safe working environment
These duties apply not only to preventing accidents but also to minimising long-term health risks. For example, employers must assess exposure to harmful substances like silica dust or noise and take steps to reduce it. Failure to do so may amount to negligence, giving rise to a claim for compensation.
Why Industrial Disease Claims Are More Complex
Unlike accident claims, which usually involve a single event, industrial disease claims often relate to prolonged exposure or repeated unsafe practices. This makes them more complex for several reasons:
- Delayed symptoms: Diseases like mesothelioma or vibration white finger may not appear until years after exposure.
- Multiple employers: Workers may have been exposed across different jobs, making it harder to pinpoint liability.
- Evidence challenges: Medical records, workplace assessments, and witness statements are crucial but can be difficult to obtain.
- Legal time limits: You generally have three years from the date of diagnosis to make a claim; not from when the exposure occurred.
Despite these challenges, you still have a right to pursue compensation if your employer failed in their duty of care.
Your Right to Claim Compensation
If you’ve developed an industrial illness due to unsafe working conditions, you may be entitled to claim compensation for:
- Pain and suffering and long-term consequences of your condition.
- Loss of earnings both past and future if illness related.
- Medical treatment and care costs even if available on the NHS
- Expenses and financial losses if a result of the illness or required treatment.
Claims can be made against current or former employers, and even where the company no longer exists, compensation may be available through government schemes or insurance.
No Win No Fee Funding Makes It Accessible
At Ison Harrison, we believe that justice should be accessible to everyone. That’s why we offer no win, no fee funding for industrial disease claims. This means:
- You won’t pay any legal fees upfront
- If your claim isn’t successful, you won’t owe us anything
- If you win, our fees are recovered from the other side or deducted from your compensation (with full transparency)
This funding model removes the financial risk and allows you to focus on your recovery and your rights.
Why Choose Ison Harrison?
As trusted, expert personal injury solicitors, Ison Harrison has decades of experience handling complex industrial disease claims. We understand the emotional and financial toll these illnesses can take, and we’re here to guide you every step of the way.
With Lexcel accreditation, a strong track record of success, and local offices throughout Yorkshire and beyond, we’re well-placed to offer the support you need – wherever you are.
If you’ve been diagnosed with an industrial disease and believe your employer may be at fault, don’t wait. Contact our personal injury team today for a free, no-obligation consultation. Let Ison Harrison help you secure the compensation you deserve.
Call our team on 0113 284 5000 or email pi@isonharrison.co.uk.
