Industrial Disease Compensation

Unlike most personal injury claims, if you are claiming for an industrial injury in the UK there are several ways to obtain financial relief for the hardships you might experience. For example you may be able to claim for Industrial Injuries Disablement Benefit if your condition has caused you to miss work for over two months or if your physical ailments are diagnosed as being one of many "prescribed diseases" that the agency already recognises such as:

• Diseases caused by working with Asbestos
• Industrial Deafness
• Chronic Bronchitis
• Asthma
• Pneumoconiosis (including silicosis and asbestosis)
• Mesothelioma
• Tenosynovitis and Tendonitis
• Vibration White Finger

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Diseases caused by working with asbestos

Asbestos is a mineral commonly used in construction up until the 70s. The main resulting disease caused by inhalation of asbestos is asbestosis which involves the scarring of lung tissue, lung cancer, mesothelioma (cancer in the chest and lining of the lungs) as well as pleural disease which itself includes calcification of the lungs and pleural effusion (fluid on the lungs). Industry workers themselves are not the only ones at risk as the asbestos was put into schools, hospitals and places of work across the country and with symptoms taking up to 40 years to develop the actual figures of who is at risk is simply unknown at this point. Currently more than 4,000 people a year die from the disease and there is no cure, most people will die within the first year of being diagnosed. Similar cases include:

Pneumoconiosis including silicosis and asbestosis

There were 1160 new assessed cases of pneumoconiosis (excluding asbestosis) in the Industrial Injuries Scheme in 2004. Most cases occur in retired workers from the coal mining industry as well as other industries including quarrying, foundries and potteries where silica is the predominant cause. "Pneumoconiosis" refers to a group of lung diseases caused by the inhalation of dusts which affect the lungs with the most commonly occurring type being that in coal miners due to the inhalation of coal dust. There is a delay of about 10 years or more between exposure and first onset of disease.

Mesothelioma

Mesothelioma is a form of cancer that predominantly affects the external lining of the lungs (pleura) and lower digestive tract (peritoneum). In this disease, malignant cells develop in the mesothelium - a protective lining that covers most of the body's internal organs - and it is strongly associated with exposure to asbestos dust. In fact, mesothelioma is exceptionally rare without exposure to asbestos. It has a long latency period between first exposure to asbestos and the development and diagnosis of mesothelioma. This period is seldom less than 15 years and can be as long as 60 years. In rare cases, mesothelioma has also been associated with irradiation, intrapleural thorium dioxide (Thorotrast), and inhalation of other fibrous silicates such as erionite and unlike other industrially caused lung cancers, there is no association between mesothelioma and smoking.

Asthma

Occupational asthma will show itself clearly because it behaves very differently from regular asthma. Most asthmatics are at their worst in the mornings whereas work related asthma generally is better after a good nights sleep (i.e. resting away from the working environment that is making you ill). Obviously this would mean that the asthma would be even better over weekends away and practically disappear during holiday periods. Bear in mind though that symptoms may vary depending on how your asthma is caused. If it is the result of exposure to chemicals that have damaged your lungs that is very different from simply an immediate allergic reaction to chemicals and other irritants in the air at your place of work (also known as Reactive Airways Dysfunction Syndrome or RADS).

Chronic Bronchitis

Chronic Bronchitis is diagnoses with the presence of a long term mucus producing cough without any other underlying disease to explain the cough. It may precede or accompany pulmonary emphysema. Even though smoking is by far the most common cause, chronic bronchitis could also be the result of irritation by bacteria or virus infections, air pollution or industrial dusts and fumes. If the bronchial tubes are irritated over a long period of time then excessive mucus is constantly produced and the lining of the bronchial tubes becomes thickened causing the bad cough and restricting the air flow making the lungs an ideal breeding place for infections.

For all these diseases you may also be entitled to make a compensation claim should your condition be the result of negligence on the part of your employer. Make sure you consult an experienced injury solicitor so that you get the most reliable information possible regarding whether you actually have a case as well as that case's chances of success.

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