Industrial disease claims

At Digby Brown, we understand the complexities involved in industrial diseases. Our dedicated team of industrial disease solicitors has decades of experience in helping people affected by complex or life-altering conditions they developed through the course of their work.

What are examples of an industrial illness disease?

Industrial illnesses, also known as occupational diseases or industrial diseases, are health conditions that arise and develop following safety failures in the workplace. These health conditions and illnesses are often from exposure to hazards and risks in the workplace. These illnesses often result from the result of prolonged or excessive exposure to certain harmful substances, environmental factors, or working conditions., working in unsafe conditions or not being provided with the correct safety equipment or PPE.

Below are some examples of industrial illnesses that have been observed in the UK, and a more comprehensive list of pages can be found above. Some of the most common industrial diseases include:

• Asbestosis: This is a chronic lung condition caused by the inhalation of asbestos fibres. Asbestos was commonly used in construction and other industries until its ban in the UK in 1999. Prolonged exposure to asbestos can lead to scarring of the lung tissue, breathing difficulties, and an increased risk of lung cancer.
• Mesothelioma: Mesothelioma is a rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart. It is primarily caused by exposure to asbestos fibres and has a long latency period, often appearing most commonly diagnosed several decades after someone is exposed to asbestos.
• Hand-arm vibration syndrome (HAVS): HAVS is a condition that affects the blood vessels, nerves, and joints of the hand, wrist, and arm due to prolonged use of vibrating tools or machinery. Symptoms may include numbness, tingling, pain, and reduced dexterity.
• Silicosis: This lung disease is caused by inhaling silica dust, which can occur in industries like mining, construction, or quarrying. Prolonged exposure to silica dust can lead to scarring of lung tissue, breathing difficulties, and an increased risk of tuberculosis and lung cancer.

How long have I got to make an industrial disease claim?

Generally speaking, in Scotland, you have three years from the date that medical professionals noted your condition to make an industrial disease claim.

The three years runs from the latter of these two dates –

1. Last date employer negligently exposed the employee to dangerous substance or practices; or
2. The date on which it became reasonably practicable for an individual to be aware of a sufficiently serious injury/diagnosis, caused by a particular act or omission and that a particular defender was responsible for the exposure which led to the injury’s development.

The three-year period may well start to run prior to any medical diagnosis by a doctor.

For this reason, if you believe that you may have a condition that could have been caused by your working conditions, it is important that you seek medical and legal advice as soon as possible.

Who else can make an industrial illness claim?

In our experience it is more common for former tradespeople to develop industrial diseases however there are other people who can go on to develop industrial diseases – especially in relation to asbestos claims.

It is already known that spouses and family members of trade workers could develop asbestos conditions. This happened when workers would return home in dusty clothing – this brought asbestos fibres into the house and decades later their wives or children developed asbestos conditions.

Regardless of how you were exposed, in each case, we will instruct the right experts to support your claim.

The key to any industrial disease injury claim is remembering it is the responsibility of the employer to keep their workers safe and they are meant to do this by:

• Conducting thorough risk assessments, particularly for injuries caused by repetitive activities.
• Providing appropriate safety equipment, such as ear protectors, to mitigate potential harm.
• Minimising exposure to toxic substances whenever feasible.
• Offering comprehensive training programs to prevent injuries, like proper manual handling techniques to avoid long-term back problems.

How much compensation am I likely to receive?

The amount of compensation you can receive for an industrial disease claim is not predetermined or set as each case is unique. At Digby Brown, we are committed to ensuring that you get the compensation that you deserve.

The factors that contribute to determining the compensation amount include:

1. The severity of the Disease: The seriousness of your industrial disease plays a crucial role in assessing the compensation you may be entitled to. The extent of physical and emotional harm caused by the illness is taken into account.
2. Long-Term Impacts: We consider the long-term consequences that industrial disease has on your life. This includes evaluating any lasting effects on your health, well-being, and ability to carry out daily activities.
3. General Pain and Suffering: Compensation may be awarded for the pain and suffering endured due to the industrial disease. This encompasses the physical and emotional distress caused by the illness.
4. Loss of Earnings: If the industrial illness has resulted in a loss of earnings, either temporarily or permanently, we factor this into the compensation calculation. This includes assessing the impact on your current and future earning potential.
5. Medical Expenses: Any medical expenses incurred as a result of the industrial disease, such as treatments, medications, and rehabilitation, are considered when determining the compensation amount.

By taking into account these various aspects, our dedicated team our industrial disease solicitors strive to ensure that you get fair compensation.

Our Industrial disease solicitors will guide you through the claim process

Wherever possible, our industrial disease solicitors like to follow up on the initial discussion by arranging a face-to-face meeting with you, either in our office, at the hospital or we are happy to come to your home if this is most convenient.

At this first meeting, we will explain exactly what steps we will be taking and the process involved in seeking financial compensation.

We will also let you know what you can do to help us. We will fully explain how we fund the case through our no win no fee compensate funding scheme.

Why choose Digby Brown?

We have a long track record of representing victims of industrial diseases who are represented by a dedicated team of highly experienced industrial disease solicitors.

You may already know that Digby Brown is already recognised as a leading personal injury firm by independent legal watchdog Chambers & Partners. Well, our Industrial Disease team is also celebrated in its own right as Fraser Simpson, the Partner who leads the department, is recognised as one of the top legal minds in Scotland for industrial disease claims.

Our expertise is further recognised by support charities like Asbestos Action and Clydebank Asbestos Group who have recommended our service to patients they help. We have supported both groups – and the people and communities who depend on them – for decades, from fundraising activities to partnership campaigns.

We pride ourselves on being experts in this field but more than that – we pride ourselves on the results we deliver to those who deserve it.