Industrial Disease Compensation

Industrial Disease Compensation Factors

The amount of industrial disease compensation you will receive if your claim is successful is dependent on a number of factors. These include the type of injury or illness suffered, whether it is ongoing, and how significantly it affects your everyday life.

Types Of Injuries

The potential for industrial disease compensation is not limited only to instances in which an employee has been exposed to a noxious chemical or material during the course of their work. Compensation can be available for any situation in which the employer has allowed a dangerous working environment to continue, and in which that environment has led to injury. Of course, the most well known instances of industrial disease compensation are a result of noxious material cases, simply because they tend to attract the highest amounts of compensation due to the serious health issues which ensue. Examples of these are asbestosis, mesothelioma and silicosis. However, less dramatic injuries which come about as a result of an inadequate working environment can also attract compensation, including conditions such as vibration white finger, repetitive strain injury, and deafness caused by industrial machinery.

Types of Compensation

In order to make the compensation process fair for everyone who makes a claim, the courts follow guidelines when awarding compensation. This ensures that similar cases heard by different judges will nonetheless receive comparable amounts of money, and allows lawyers to advise claimants on the likely outcome of their case. Compensation is usually split into two separate categories, with the first known as ‘general damages’ and the second as ‘special damages’.

The first is the amount of money awarded for the pain and suffering caused directly by the illness, and can vary from only a few hundred pounds in the most minor cases to six figures sums when considering instances of very serious injury. The second is the amount of compensation awarded for the impact which the injury has had on the claimant’s life, and can include medical expenses, the cost of carers, travel expenses and any other additional expenditures which have flowed from the injury. In serious cases, these special damages can outweigh the amount of general damages awarded. In most cases, the claimant is also entitled to the interest which has accrued on both kinds of damages since the injury.

Amounts of Compensation

Your solicitor will be able to advise you on the exact guidelines for compensation which apply to your particular injury, once you have been assessed by a medical professional. However, as a rough guide, claims for asbestosis can range from as little as £1,000 for very minor symptoms, to around £300,000 for very severe cases leading to loss of function or death. In contrast, as might be expected when comparing the severity of the illness, even the very worst case of RSI is unlikely to attract more than £30,000 in general damages. In both instances, however, the ‘special damages’ awarded may be significant, depending on the impact of the illness on your everyday life.

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