We investigate historic employment records, trace insurers and obtain the medical evidence needed to link the condition to the exposure. We will explain the process honestly and set out the funding options available to you.
Can I Make a Claim?
- You developed a condition linked to exposure at work, such as respiratory disease, dermatitis, vibration injury or hearing loss.
- Your employer failed to control the exposure or to provide adequate protection, monitoring and information.
- The three-year period generally runs from the date you first knew your condition was likely work-related, not from the exposure itself.
- Claims can proceed even where the employer has been dissolved, if the historic insurer can be traced.
Situations We Are Instructed On
- Occupational asthma and chronic obstructive pulmonary disease from dust and fumes
- Hand-arm vibration syndrome from prolonged tool use
- Occupational dermatitis from solvents, cement and cutting fluids
- Silicosis and other dust-related lung disease
- Repetitive strain and upper limb disorders from poor workstation design
- Chemical sensitisation from inadequate ventilation or PPE
What Compensation Could I Claim?
- Damages for the condition, its symptoms and its likely progression
- Loss of earnings where you had to reduce hours, change role or retire early
- Cost of treatment, medication and specialist equipment
- Care and assistance where daily tasks are affected
- Any state benefits interaction, which we will explain in your case
What can be recovered in any individual case depends on the medical evidence and on the losses that can be proved. We do not estimate figures before that evidence is available.
Evidence That Helps
- Employment history from HMRC records where your own records are incomplete
- Details of the processes, substances and tools you worked with
- Health surveillance records and any COSHH assessments
- Medical evidence from a respiratory, dermatology or occupational specialist
- Colleagues' recollections of working conditions at the relevant time
How Long Could the Claim Take?
These claims take time. Tracing insurers, obtaining decades-old records and instructing the right medical expert can occupy many months before liability is even addressed. We will explain each stage as it is reached.
No Win No Fee Funding for This Type of Claim
A No Win No Fee agreement — known in law as a conditional fee agreement — is a written contract between you and your solicitor. Under it, our fee for the legal work becomes payable only if your claim is successful. It is a way of funding a claim without paying our costs up front. It is not a promise about the outcome of your case, and it is not available in every matter.
How a No Win No Fee agreement works
- Assessment first. We review the facts, the likely evidence and your prospects before deciding whether we can offer this type of funding.
- If the claim succeeds. The opponent is usually ordered or agrees to pay a substantial part of your legal costs. A success fee — a percentage uplift on our charges, capped by law in personal injury work — is deducted from your compensation. The percentage will be stated in your agreement before you sign it.
- If the claim does not succeed. You would not pay our fee for the legal work covered by the agreement. You may still be responsible for certain disbursements and, in some circumstances, the opponent’s costs, which is why insurance arrangements are discussed with you at the outset.
- Deductions and other costs. Expenses such as medical reports, court fees, expert evidence and any insurance premium are dealt with separately. We will explain which of these may be deducted from your damages and how they are calculated.
- Alternatives. You may already have legal expenses cover through a household, motor or credit card policy, or through a trade union. We will ask about this because it may be a better option for you.
Who may be eligible
Eligibility depends on the individual case, including whether another party appears to be legally responsible, whether the injury and losses can be evidenced, and whether the claim is brought in time. Some claims are not suitable for this form of funding. We will tell you honestly if we cannot act on this basis, and explain the alternatives that may be open to you.
The exact terms — including the success fee percentage, the disbursements involved and what would happen if the claim were unsuccessful — are set out in writing and explained to you before you decide whether to proceed. Nothing on this page is a guarantee about the outcome of a claim or a statement that any particular funding arrangement will be available. Please take advice about your own circumstances.
Speaking to a No Win No Fee Solicitor
The first conversation is an assessment, not a commitment. A solicitor will listen to what happened, identify who may be legally responsible and consider what evidence is likely to be available. In the context of industrial disease claims, that usually means looking closely at how the incident occurred, what records exist and how your injury has affected your work and daily life.
Once we understand the case, we can discuss funding. Where a conditional fee arrangement is appropriate, we will explain the terms, the deductions and the risks in writing so that you can make an informed decision. Where it is not appropriate, we will say so and set out any alternative route available to you, including existing insurance cover or union support. Either way, you will know where you stand before any work begins.
Industrial Disease Claims FAQs
- I left that job years ago. Is it too late?
- Not necessarily. Limitation generally runs from the date of knowledge that your condition was work-related, which may be recent even if the exposure was not.
- The company no longer exists. What then?
- Insurer tracing services can often locate the employers' liability policy that was in force during your employment.
- I worked for several employers. Who is responsible?
- Liability may be shared between employers according to the extent of exposure with each. We investigate the whole employment history.
- Will claiming affect my benefits?
- Compensation can interact with means-tested benefits and with Industrial Injuries Disablement Benefit. We will flag this and, where appropriate, advise on options such as a personal injury trust.
Speak to our team
Tell us what happened and we will assess the claim and explain the funding options that may be available to you, in writing, before you decide how to proceed.