Work Related Illnesses

Guide to Work Related Illnesses

Work related illnesses cover a wide range of diseases and conditions ranging from stress to terminal diseases contracted from exposure to harmful substances. In cases where an illness, disease or health disorders have been contracted as a direct result of employment, the injured person may be eligible to claim work related illnesses compensation.

Employers have a duty of care to their employees and must take steps to reduce the risk of accidents and illnesses. They are required by law to take steps to reduce risk to an acceptable level, including limiting exposure to harmful chemicals, reducing intensive repetitive activities, and allowing for regular breaks to be taken. When risks are present, they are required to provide suitable safety equipment, although it is then becomes the responsibility of the individual to make sure that protective clothing and safety equipment is used appropriately.

Typical Work Related Illnesses

• Occupational cancers
• Asbestosis and mesothelioma
• Pleural thickening and pleural plaques
• Industrial disease
• Musculoskeletal conditions
• Stress, anxiety and depression
• Respiratory diseases such as occupational asthma and black lung
• Skin diseases such as contact dermatitis
• Repetitive strain injuries (e.g. carpal tunnel syndrome)
• Vibration injuries (e.g. white finger)
• Hearing Loss

Compensation for Work Related Illnesses

In order for compensation for working related illnesses to be awarded, an illness, disease or condition must have been contracted as a direct result of employment. To process a claim for any work related illnesses, a solicitor will access your medical records and gather information on exposure to hazardous substances in the workplace, or prolonged exposure to risk. With your help they will compile a case against an employer or ex-employer, and will attempt to prove that illness was the direct result of poor or sub-standard working conditions.

Compensation for work related illnesses can only be claimed when it is possible to prove that “on the balance of probability”, the illness, disease or health problems could have been prevented with the provision of appropriate safety equipment, training, or warnings of the dangers. If employees were placed at excessive risk, and if health and safety standards were not adhered to, you are entitled to claim compensation for work related illnesses.

Work related illnesses include many conditions which start gradually, and may appear to be minor inconveniences. Repetitive strain injuries may seem almost trivial at first, but can develop into serious conditions which can affect the ability to work, and even lead a normal life. White finger from vibration and carpal tunnel syndrome from poor quality workstations can cause pain, suffering, and extended periods of sick leave. If these conditions are the result of negligence on the part of the employer, work related illnesses compensation may be claimed.

Contributory Negligence and Work Related Illnesses

Awards of compensation for work related illnesses may be granted to cover injuries, diseases and health conditions, but the employer may not be wholly responsible. Contributory negligence is assessed when a work relates illness has been contracted. In the case of occupational cancers, respiratory disorders, asbestos and mesothelioma, it is not unusual for smokers to be deemed to have contributed to their own condition. Factors such as body condition, obesity and diabetes can also affect a work related illnesses compensation settlement figure, with many factors potentially causing the acceleration or deterioration of a disease factored into any damages which are paid.

Taking Care of Your Health

If you are feeling ill or believe that you are developing a physical or psychological ailment as a result of your working environment, it is important to have a medical examination as soon as possible. No amount of work related illnesses compensation will make up for an irreversible condition that could have been prevented by timely medical intervention. Furthermore, should you not seek a medical examination, but carry on working in a hazardous environment while your health continues to deteriorate, your employer could claim that you contributed to your work related illness by your own lack of care, and any subsequent work related illnesses compensation settlement could be substantially reduced.

Offers of Compensation for Work Related Illnesses

An employee suffering from a work related illness may be contacted by the employer´s insurance company directly – even before legal or medical advice has been sought – and the insurance company may put pressure on an employee to accept a work related illnesses compensation settlement. This typically applies to road accidents, but can also happen with work related injuries. In such cases there is an increased likelihood of a claim being under-settled, and that the full compensation entitlement will not be paid. It is important to first seek legal advice before accepting a work related illnesses compensation settlement, even if you think the offer is reasonable.

General and Special Damages for Work Related Illnesses

When compensation is awarded for work related illnesses the settlement amount will be split into two categories; general damages and special damages. General damages are awarded to cover the pain and suffering inflicted as a direct result of the injury or disease, as well as for loss of amenity. General damages take into consideration the age of the claimant, gender, nature of the illness and any contributory negligence of the claimant. Once awarded, the damages are fixed and cannot be increased at a later stage.

Special damages for work related illnesses are awarded to cover quantifiable monetary loss as a direct result of the injury, direct monetary loss from expenses and ongoing medical costs. In the case of fatalities, special damages may be awarded to dependents of the deceased, as well as to cover funeral costs.

The compensation awarded will vary enormously depending on the individual facts of each case, the severity of the injuries together with any mitigating factors. A personal injury solicitor will be able to advise on likely compensation figure after examining the details of a case.

Seek the Advice of a Solicitor

Compensation claims for work related illnesses can be complicated, especially when claiming against a previous employer. In the case of industrial diseases, a long work history may involve many employers, and proving which employer has been negligent, and where the disease was contracted, can be fraught with difficulty. Having a solicitor working on your case will almost certainly increase the chances of obtaining compensation.

In cases where an ex-employer has ceased trading it may still be possible to claim compensation, although the process becomes considerably more complicated. There is also a statue of limitations regarding work related illnesses, and claims are required to be made within a specific time frame.

Due to the nature of some long term work related illnesses, and the fact that they may take years to develop, it is vital that you seek legal advice as soon as possible. A specialist work related illnesses solicitor will be well versed in the time limitations for making claims, and will be able to advise you of your chances of making a successful work related illnesses compensation claim.