INDUSTRIAL  DISEASES

What sort of diseases?

Being in contact with hazardous or dangerous substances at work, or having to work in an unhealthy environment, can lead to health problems. In the short term, the effects may not be serious, but the long-term consequences could be very serious indeed, leading to a prolonged illness, premature retirement or even death. This is why the COSHH and earlier regulations were brought in.

There are many types of industrial disease.

They include:

• Lung cancers and chest conditions caused by exposure to asbestos dust and fibres
• Other chest conditions caused through working in dusty environments
• Skin conditions caused by exposure to various substances
• Asthma caused by breathing some chemical products
• Conditions caused by exposure to toxic fumes
• Infection from bacteria and other micro-organisms
• Occupational cancers caused by exposure to carcinogens
• Deafness and tinnitus caused by prolonged exposure to loud noises
• Repetitive strain injury
• Vibration white finger caused by powerful vibrating equipment
• Osteoarthritis of hip or knee, due to certain kinds of manual labour 

Asbestos Related Diseases

Exposure to asbestos dust and fibres can cause serious and sometimes fatal diseases: mesothelioma, and diffuse pleural thickening, which can be caused by very minor asbestos exposure, and asbestosis and lung cancers, which require high exposure. These diseases are continuing at a high level, even though widespread use of new asbestos virtually ceased in the UK by the early 1980s.

This is because such diseases do not usually develop until 20 to 60 years or more after the asbestos exposure and asbestos was so widely used in buildings and products constructed in this country between the war and the 1980s. Individuals most at risk of developing asbestos diseases include those previously working at shipyards, oil refineries, power stations, paper mills, construction sites and (more recently) at schools and even hospitals.

The professions most associated with asbestos disease includes laggers, carpenters, plumbers/gas fitters, scaffolders, mechanical engineers/ fitters, electricians, pipe fitters, paper mill operatives, car mechanics and building labourers.

Industrial Deafness/Noise Induced Hearing Loss

Are you suffering from a hearing loss? Do you hear a ringing or buzzing in your ears? Do you find it difficult to hear conversations in a group of people? Do you find yourself turning up the television?

If you do, and you were exposed to excessive noise over a period of time during the course of your working life you may be suffering from this disease, and able to claim compensation for it.

An example of excessive noise would be an employment where you had to raise your voice or shout to colleagues to communicate. It could be for a period of as little as twelve months.

Examples of employments that are excessively noisy are engineering factories, steel works, engine rooms of merchant ships, textiles companies, car manufactures, road maintenance workers, fabrication shops, mass baking factories, any large scale manufacturer. However, any employer where you have to raise your voice or should to communicate could be liable for your loss of hearing.

In order to succeed in this type of claim you have to show that you were exposed to excessive noise levels at work and that the hearing loss you are suffering from is a result of that exposure. To prove this you will need to obtain an audiogram which will need to show a clear pattern of work-related hearing loss rather than just age-related deafness. That hearing test will cost you nothing.

Hearing loss claims can be quite difficult to win because of the 3-year limitation period. You will need to show that once you were aware you had suffered hearing loss you made reasonable enquiries to confirm whether the loss was due to work rather than simply age. You should then have brought the claim in less than 3 years of this point, otherwise the courts would probably bar your claim.

Do not worry if your employer no longer exists or is shut down

There is a database containing details of employers liability insurers for employers who are no longer trading. Detailed searches can also be carried out to obtain details of insurance for employers who may have ceased trading. Also, if you have been diagnosed with mesothelioma, you may be able to claim compensation from the Diffuse Mesothelioma Payment Scheme even if your employer’s insurer is untraced or has gone out of business.

So even if you think your employer has closed down and you cannot claim you may be able to find the insurance company responsible for your compensation.

Should I see my doctor?

Any symptoms, however slight, should be reported to your doctor immediately. Before you go, note down all the facts that you think are relevant, such as the conditions where you work, any contact with hazardous materials, when the symptoms began, and so on.

Make a note too of any previous jobs where the problem might have started, or of any contact you have had (deliberate or accidental) with toxic substances. This will help your doctor to make an accurate diagnosis.

Can I claim compensation?

If you get an industrial disease, you may well have grounds for launching a compensation claim against your employer, or past employer. You should, however, get advice from an experienced solicitor as such claims require specialist knowledge.

Can I claim if I am self-employed?

Sometimes it is possible to claim even if you were self-employed or even if you were a Company Director.

It is always worth seeking the advice of a specialist solicitor.