Partner Article

Industrial Disease Compensation: Facts You Need to Know

Introduction

Since the opening years of the Industrial Revolution, industry has continuously evolved with innovative methods, and with new materials to use in both the manufacturing process and in products designed for the consumer market. Unfortunately, some of those innovations and materials have proven to be harmful, even toxic to humans. Workers who have suffered years of high levels of unprotected exposure to substances such as asbestos are often especially at risk.

Employers are legally obligated to provide a safe, healthy work environment for their employees, and to prevent accidents and by providing heat, light and proper ventilation unfortunately, not all do so. As a result, Industrial Disease Compensation is necessary to ensure that employees who have suffered harm receive the compensation to which they are entitled. Although some employees may hesitate to make claims for fear of being labeled as troublemakers, in fact, making valid claims benefits everyone in the workplace. The exposure and settlement of one employee’s claim can prevent other workers from enduring similar health problems in a particular workplace.

DISCLAIMER: This article contains general discussion of workplace diseases and injuries. It is not intended to provide legal opinion or advice. Please consult a solicitor specializing in industrial disorders with specific questions.

Common Industrial Diseases and Injuries

Some of the most common types of industrial diseases and injuries include dermatitis from skin exposure to toxic chemicals, deafness from continuous, unprotected exposure to loud industrial noises and repetitive strain injuries from monotonous assembly line work and similar tasks. Industrial diseases also include life threatening conditions such as Asbestos Mesothelioma from exposure to asbestos and Occupational Asthma caused by exposure to chemical contaminated dust in the workplace.

The “Material Contribution“ Test

Workers are entitled to make claims for industrial diseases and injuries of various types and levels of severity. While some violations are obvious, in other cases, the worker must establish evidence to support a claim for compensation. In such cases, the test to determine whether a claim is justified is known as the “material contribution” test. The “material contribution” test determines whether an employer has taken sufficient action or provided sufficient protection to its employees to prevent exposure to substances that are known to cause harm.

For example, construction workers often develop dermatitis because of exposure to brick dust. Employers may supply workers with protective gear such as gloves, and protective eyewear, but fail to install showers at the workplace. As a result, workers must wait until they reach their homes to shower and remove any brick dust that may have penetrated their clothing. In such cases, employees who develop dermatitis may be entitled to compensation, due to the employer’s failure to provide showers

Making a Claim

For those who have suffered workplace related harm, it is essential to document all elements of the condition, and to seek advice promptly to properly file a claim. A consultation with a legal professional will determine whether there is a valid claim. If the legal professional determines that there is a claim, the next step is to discuss fees associated k with representation.

Before contacting a legal professional, the first step is to seek medical help as soon as possible. At the same time, report all symptoms to work managers and union reps. Keeping a detailed log of symptoms such as loss of hearing, sleeplessness and mood problems strengthen claims of industrial injury or illness. It is also essential to keep track of related expenses, such as doctor visits, prescriptions and even travel expenses.

Conclusion

No workplace related disease or injury is too trivial, if legitimate harm is involved. Moreover, workers should not be discouraged from filing a claim even if the workplace has shut down. This is because compensation is paid by an employer’s insurance policy, rather than by the employer.

Hugh Edmundson is an independent legal researcher. He has recently been researching developments with regards to industrial claims and reporting his findings on various online legal publications. For further reading on industrial disease compensation, visit the link.

This was posted in Bdaily's Members' News section by steve hannigan .