Members of Chambers undertake work in all areas of occupational disease work, from initial advises on prospects of success or quantum, through to trial and appeal. We act for Claimants and Defendants. Work may be undertaken on a “No Win, No Fee” basis where appropriate.
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.
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:
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.
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.
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.
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.
Our industrial disease barristers have experience in a wide range of occupational disease claims so are able to offer legal advice and guidance at any stage of a claim. If you or your client believe you can make an industrial disease claim or have an ongoing claim, contact our clerks today.
Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.
St Pauls Chambers
Park Row House
19-20 Park Row
For out of hours assistance please call the senior clerk on 07854170429.
The switchboard will open from 08:30 until 17:30