Industrial Disease

Industrial Disease

Our industrial disease barristers undertake work in all areas of industrial disease work, from initial advises on prospects of success or quantum industrial disease claims, through to trial and appeal. Our industrial disease barristers are happy to meet with clients in conference, and can do so at whichever location best suits the client.

Counsel are experienced at advising as to how to overcome evidential difficulties often posed by such claims, and complex limitation and medical causation arguments. We provide a fast turnaround of both advises and pleadings, as well as expert representation at interlocutory hearings, cost and case management hearings, trials and appeals.

The Health and Safety at Work etc Act 1974 is the key piece of legislation for protecting workers. At St Pauls Chambers, our barristers are well-versed in this legislation and will ensure you understand your rights.

What is Industrial Disease?

Industrial disease is a health condition that could be attributed to the conditions incurred from the workplace. Occupational disease and injury barristers deal with cases that most commonly include:

• asbestos-related claims (and Mesothelioma);
• deafness and noise-induced hearing loss;
• vibration syndromes (be it hand-arm or white finger);
• repetitive strain disorders;
• skin conditions (including dermatitis);
• occupational asthma; and,
• stress at work claims.

Reasonable measures should be taken by all employers to ensure the workplace is safe for all employees. If an employee does develop a condition and suffers ill health, the employer could be liable to pay compensation to the employee.

Whilst some conditions caused by an unsafe workplace environment can be temporary or relatively minor in their severity and symptoms, some conditions are life-changing and can result in premature life expectancy or a long-term illness. Exposure to dangerous substances such as asbestos will have life-changing consequences. It is in such circumstances an industrial disease claim from an employee could be made against the employer.

Quantum Industrial Disease Claims

People with industrial diseases are often left out of pocket as well as suffering from an illness as they have to stop work and therefore lose their income. They may also need to pay for changes to their homes, medication, treatment and even full-time care.

When this is the case, quantum industrial disease claims need to be drafted. The quantum value of the industrial disease claim needs to be established. Quantum industrial disease claims take into account the costs and expected duration of on-going rehabilitation, treatment and care needs of the injured individual.

It’s important for quantum industrial disease claims to be accurate, thorough and impartial. Our industrial disease barristers can help to draft claims comprehensively and accurately.

Industrial Disease Compensation

As well as the costs covered above, there are other examples of compensation for industrial disease cases that you may be entitled to – these are known as special damages. Examples include travel expenses, loss of pension, childcare costs, prescription fees and hospice fees.

You may also be entitled to industrial injuries disablement benefit from the Government.

When Can I Make an Industrial Disease Claim?

In general, an individual has up to three years after the incident, or the discovery of the harm done, to file an industrial disease claim. The earlier you appoint an occupational disease and injury barrister and make your claim, the better chance you have of achieving a positive outcome.

The team of industrial disease barristers at St Pauls is led by Robert Smith

Our experienced team of occupational disease and injury barristers acts for Claimants and Defendants. Work may be undertaken on a “No Win, No Fee” basis where appropriate. Please get in touch if you need further assistance.