Industrial disease or occupational disease is sickness or injury which has resulted from repeated exposure to a hazard in the workplace. Industrial disease has commonly occurred due to exposure to loud noise, toxic substances, asbestos and items affecting the lungs such as dusts and resins.
Claiming for Benefits
If you have contract an industrial disease you may be able to claim for Industrial Injuries Disablement Benefit (IIDB) from the government. To be eligible for IIDB you must not be self employed. If you have had an accident at work you could be eligible if the accident happened in England, Scotland or Wales. If you are claiming for disease, the disease must have been contracted after 5th July 1948. There are many diseases which are covered by IIDB, a full list is available on the government’s website but some common disease which are claimed for include: asthma, deafness, bronchitis and emphysema, vibration white finger (prescribed disease A11), osteoarthritis and diseases linked to asbestos exposure. Finally, to be able to claim you will need to be assessed as 14% or above on a disability scale.
IIDB is calculated firstly on the level of disablement your injury/disease has caused you and secondly on your age and whether you have any dependants. Your level of disablement will be assessed by a medical professional who will rate your condition on a sliding scale of 1-100%. Under 18s with no dependants will receive fewer benefits than over 18s and those who have dependants. The maximum weekly amount is therefore for over 18s categorised as 100% disability who will receive £158.10 per week. The minimum amount is for under 18s with no dependants categorised as 20% disability who will receive £19.38 per week.
Claiming for Compensation
You may also be able to claim for work injury compensation or industrial disease compensation from your workplace if you have had an accident at work or contracted a disease due to your work. The success of compensation claims differs from case to case, but commonly the diseases which are compensated via the government benefits scheme will be considered viable diseases to claim compensation from your employer for. Contact a specialist industrial disease solicitor today to begin your occupational disease claim. They will be able to discuss the viability of your claim with you. Everyone’s situation is different and everyone has had a different experience. A specialist solicitor will rapidly be able to ascertain whether your employer has been negligent.
Contact Us
Freeman Harris are specialist industrial disease solicitors, so get in touch with us today to talk through your potential claim with one of our team. Call us on 020 7231 7150 or fill in an online enquiry. All initial enquiries are no obligation and completely free of charge. We are looking forward to hearing from you today.