Industrial Disease — No Win No Fee
Industrial disease claims cover illnesses caused by workplace exposure to hazardous substances or conditions. Common claims include mesothelioma, noise-induced hearing loss, and vibration white finger. These cases are handled on a no win no fee basis.
What Are the Most Common Industrial Diseases?
Direct Answer: The most common industrial disease claims are mesothelioma (asbestos cancer), noise-induced hearing loss (NIHL), hand-arm vibration syndrome (HAVS), asbestosis, and occupational asthma. Date of knowledge rules apply for limitation periods. Claims can be brought on a no win no fee CFA.
- Mesothelioma — an aggressive cancer of the lung lining caused by asbestos exposure, typically with a 20–50 year latency period
- Asbestosis — scarring of lung tissue caused by asbestos fibres
- Noise-induced hearing loss (NIHL) — permanent hearing damage from excessive workplace noise
- Hand-arm vibration syndrome (HAVS) — nerve and blood vessel damage from vibrating tools
- Occupational asthma — asthma triggered by workplace substances (flour, chemicals, wood dust)
- Occupational dermatitis — skin conditions caused by workplace irritants or allergens
- Pneumoconiosis/coal workers' pneumoconiosis — lung disease from inhaling mineral dusts
Mesothelioma Claims
Mesothelioma claims have special provisions in English law. The Compensation Act 2006 (s.3) addresses the causation difficulties that arise when the claimant was exposed to asbestos by multiple employers, following the House of Lords decision in Fairchild v Glenhaven Funeral Services [2002]. Each employer who materially increased the risk of developing mesothelioma can be held jointly and severally liable.
Tracing Historic Employers and Insurers
Many industrial disease claims relate to exposure that occurred decades ago with employers that may no longer exist. The Employers' Liability Tracing Office (ELTO) maintains a database of EL insurance policies to help claimants identify the relevant insurer. For mesothelioma cases where no insurer can be traced, the Diffuse Mesothelioma Payment Scheme 2014 (under the Mesothelioma Act 2014) provides lump-sum payments funded by a levy on insurers.
Key Regulations
- Control of Asbestos Regulations 2012
- Control of Noise at Work Regulations 2005
- Control of Vibration at Work Regulations 2005
- Control of Substances Hazardous to Health Regulations 2002 (COSHH)