Five common industrial disease claims
Many personal injury claims stem from industrial diseases that have arisen through the course of someone’s employment and their working conditions. Employers have a legal duty under health and safety legislation to ensure their employees’ health, safety and welfare are protected in the workplace.
In some cases, perhaps years after leaving the workplace, workers may still fall ill because of their working conditions at that organisation, resulting in personal injury claims which include many different types of conditions, from dermatitis and bladder problems, to asthma and various cancers.
Some types of industrial illness are particularly common, including:
1. Asbestosis and other lung diseases: asbestosis has been a high profile disease for many years, before the dangers of asbestos was fully known. Asbestos dust can cause lung cancer and mesothelioma which leads to serious, often fatal lung damage. Other lung diseases arising from the workplace leading to legal claims are caused by dust found in places such as quarries, factories and metal foundries.
2. Skin diseases: these take a variety of forms, ranging from rashes to severe eczema, and can be caused by various irritants such as chemicals and fluids, rubber and cleaning agents. Skin diseases commonly affect florists, hairdressers and vehicle manufacturers.
3. Deafness: industrial deafness is permanent, but may not necessarily result in total hearing loss, and is often caused by exposure to industrial noise during an employee’s work. Workers in construction, manufacturing and heavy engineering are particularly vulnerable to deafness. A claim may also be considered for tinnitus, a continual ringing or noise in the ears or head.
4. Vibration white finger (VWF) and Repetitive Strain Injury (RSI): VWF is a condition affecting the circulation of blood to the fingers and hand and is usually caused by using vibrating hand-held tools over a period of time. Construction workers are particularly at risk of developing this condition. RSI is a similar condition although it is not yet a recognised medical condition.
RSI can develop on production line work and computer work that involves repeated rapid movements over a long period of time. It is the continuous muscle contractions caused by the unsupported fingers or other limbs being in a fixed position for too long that causes RSI to develop.
5. Workplace stress: mental stress is a rapidly growing problem in the workplace and the number of legal claims for stress-related illnesses against employers is rising. Employers have a legal duty of care to their workers to take reasonably practicable or adequate steps to prevent or reduce the risk of mental harm to them. A worker making a claim against employers must prove they have a psychiatric illness caused by their work, and the employer knew, or should have known, that they were exposed to that risk.
If you are an employee considering taking any personal injury action against your employer as a result of an illness or condition relating to your working conditions, it is important to take expert legal advice as to what steps you should take.
Whether you feel you have an accident at work claim or medical negligence claims make sure to get the helpful advice and support from a legal professional to get the rightful compensation you deserve.
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