Every employer has a legal duty to provide a safe working environment and comply with all relevant Health & Safety laws. Unfortunately, not every employer meets these obligations and the effects on your health are often not apparent until years later.
If you have been diagnosed with an industrial disease, we can help you make a compensation claim to assist you and your loved ones in dealing with the consequences of your illness.
Devonalds industrial disease solicitors have more than 30 years’ experience helping a wide range of people to make claims against their employers and former employers. We understand how distressing and confusing dealing with an industrial disease can be, so provide friendly, straightforward advice and support to guide you through the claims process and help you achieve a fair outcome.
We’ll talk with you, without legal jargon, and agree the next steps, likely costs and timescales. You’ll be updated, supported, and expertly represented throughout the claim. Our aim is to achieve the best possible outcome for you as quickly and cost-effectively as possible so you can focus on rebuilding your life.
To start a compensation claim against your employer or former employer, speak to our industrial disease solicitors today by contacting your local Devonalds office.
Our industrial disease claims service
Our industrial disease lawyers help people in Rhondda Cynon Taff and throughout South Wales to pursue compensation claims for a wide range of health conditions related to workplace negligence, including:
- Noise-induced hearing loss claims
- Tinnitus claims
- Carpal tunnel syndrome claims
- Vibration white finger claims
- Repetitive strain injury claims
- Osteoarthritis claims
- Occupational asthma claims
- Occupational cancer claims
- Asbestos-related illness claims
- Respiratory and lung diseases claims
No win, no fee industrial disease claims
We support the majority of our industrial disease claims clients on ‘no win, no fee’ basis, also known as a ‘conditional fee agreement’.
This means you do not have to pay anything in order to start a claim and will only need to pay us for our advice and representation if we secure compensation for you. As a result, there is usually no financial risk to you in starting a claim.
If your claim is successful, our fees will be based on a percentage of the compensation you receive. It is also common for the majority of court costs to be recoverable from the defendant, reducing the amount you have to pay even further.
Other options to cover the cost of industrial disease claims include trade union funding and legal expenses insurance, which may be appropriate depending on your circumstances.
Please speak to a member of our team to discuss whether a no win, no fee industrial disease claim could be right for you or to find out more about other funding options.
Common questions about industrial disease claims
When is an employer liable for an industrial disease?
Your employer may be held legally responsible for your condition if it can be shown that they failed in their duty to provide a safe working environment.
For example, if you are a construction worker working on a building built before 2000, your employer is required to establish whether asbestos is present. If asbestos is found, they must then perform a risk assessment and take appropriate steps to minimise any risks.
If your employer failed to take any of these precautions and you later develop an asbestos-related illness, they may be held liable for the disease, allowing you to make a compensation claim against them.
What is the time limit to claim for an industrial disease?
Normally, there is a 3-year time limit to make a claim for any type of personal injury, counted from when the injury occurs. However, industrial disease claims tend to work a little differently as your condition will often not be identified until years later.
In these cases, the 3-year time limit will normally start when the disease is identified e.g. when you are examined and diagnoses by a doctor. It is important to realise, however, that putting together a claim takes some time. If you have been diagnosed with an industrial disease you should therefore contact our personal injury solicitors as soon as possible to ensure you do not miss out on the chance to make a claim.
How much compensation can I claim for an industrial disease?
Exactly how much you can secure in compensation will depend on various factors, including the extent of your injuries and the impact on your life. There are normally two types of damages you can apply for – special damage, covering specific financial losses associated with your injury (e.g. paying for treatment, loss of work etc.) and general damage for non-financial losses (e.g. pain and suffering, changes to your lifestyle etc.).
With our experience in these types of claims we can provide a realistic estimate of the likely compensation you can secure at the outset. This is often critical as less experienced firms may undervalue your claim, meaning you could end up settling for less than you may truly be entitled to.
Do you need to go to court for an industrial disease claim?
Most industrial disease claims are resolved without the need for you to attend court, either through negotiation or non-confrontational dispute resolution methods such as mediation. This can allow you to achieve a fair outcome faster, at lower cost and with less stress.
However, where court action is required, we can provide the experienced support and skilled advocacy you need to secure the best possible result.
Can you claim for an industrial disease for someone who has died?
If a loved one has died as a result of an industrial disease (or due to other causes) you may be able to continue a claim they started before their death. Alternatively, you may be able to start a new claim, depending on the circumstances.
We will be happy to advise you of your options so you can ensure a fair outcome for yourself and your family.
Will industrial disease compensation affect benefits and other entitlements?
We often advise our clients to place any compensation they receive into a personal injury trust, allowing them to benefit from the settlement without affecting their entitlement to means tested benefits, such as housing benefit, disabled person’s tax credit and income support.
We can guide you through the entire process of creating and managing a personal injury trust, ensuring you receive the maximum benefit from your settlement without losing out on your benefit entitlements.
Why choose Devonalds industrial disease solicitors?
At Devonalds we offer a friendly, empathetic personal injury claims service for people in the Rhondda Cynon Taff area and throughout South Wales from our offices in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy and Tylorstown.
We understand that our clients need more than just legal support and we can help connect you with relevant charities and various other types of support, helping to ensure you have everything you need to aid your recovery and give you and your family the best possible quality of life.
Our solicitors are accredited by the Law Society for Personal Injury Law, reflecting our expertise in this specialist area of law. We also have strong expertise in areas such as Wills, Trusts and Lasting Powers of Attorney, helping you to plan for the future, including the best way to manage any compensation we secure for you.
Get in touch with our industrial disease solicitors in Bridgend, Rhondda Cynon Taff and the surrounding area
To start an industrial disease compensation claim anywhere in the Rhondda Cynon Taff area or throughout South Wales, please contact your local Devonalds office now.