How disease claims differ
Industrial disease claims can involve exposure over many years and sometimes across several employers. The relevant procedure may differ from an ordinary accident claim. The Disease and Illness Pre-Action Protocol applies to many such cases, while qualifying single-defendant noise-induced hearing loss claims can enter the EL/PL Protocol where the defendant is on the relevant Claims Portal list.
Noise-Induced Hearing Loss
Repeated exposure to excessive workplace noise can cause permanent hearing loss and tinnitus. A claim requires evidence addressing exposure, breach of duty and medical causation. Historic employment and insurer enquiries can be important.
Asbestos-related disease
Exposure to asbestos can be associated with serious conditions including mesothelioma, asbestosis and diffuse pleural thickening. These claims can involve historic employers and specialist tracing work. Because diagnosis and limitation issues can be complex, urgent specialist assessment is important.
Hand-Arm Vibration Syndrome
Prolonged use of vibrating tools can be associated with vascular and neurological symptoms. A viable claim requires evidence about exposure, the employer’s precautions and medical causation.
Occupational respiratory disease
Workplace dusts, fumes or other substances may cause or aggravate respiratory disease in some circumstances. The medical diagnosis and the history of exposure are central.
Occupational dermatitis
Repeated or significant workplace exposure to irritants or allergens can cause dermatitis. Evidence may include the substances used, protective measures, occupational-health records and specialist medical opinion.
Funding
Industrial disease matters accepted by Zen are ordinarily funded under a Personal Injury CFA, with the current success fee capped at 25% inclusive of VAT of the relevant damages under the agreement. The precise funding and disbursement position will be explained for the individual claim.