Industrial work accident claims

Unlike most personal injury claims, if you are claiming for an industrial work accident or injury in the UK, there are several ways to obtain financial relief in the stress that such situations bring. For example you may be able to claim for Industrial Disablement Benefit if your condition has caused you to miss work for over a period of two months, or if your physical ailments are diagnosed as being one of many ‘prescribed diseases’ such as diseases caused by working with asbestos, industrial deafness, chronic bronchitis or vibration white finger.

Industrial deafness has many causes, but the most common is working with too much noise without sufficient protection being provided. To meet the criteria of occupational deafness, you must have worked in the company for a total of at least 10 years. In claims for occupational deafness, the benefits agency will arrange for you to have a hearing test to see if there is any accidental loss of hearing or damage.

The average hearing loss is 50 decibels in both ears as a result of damage to the inner ear. In at least one ear, this must be due to the noise at work. If damage like this happens, through no fault of your own, and the accident could have been avoided, then a claim must take place within five years of leaving the employment.

Another example of accidents at the industrial workplace is Tenosynovitis and Tendonitis. The symptoms include pain, tenderness and swelling of the affected part of the tendon. The skin over and around the area may be warm and you may have reduced movement of that part of the body. In some cases, the inflammation last just a few days, and then disappears. However, in some cases it can last for weeks and even months if it is not treated correctly.

An accident like this can occur when lifting heavy objects and not being supported efficiently. Many workers are prone to this problem as they can damage the tendons in their wrists and hands.

If after a medical exam the benefits agency agrees that you have a disorder due to an industrial disease or accident, then you will be entitled to a payment. Do not let this stop you from making an industrial accident / injury claim against your employer for not taking the correct care. This will depend on whether the company is still in existence. Also, you may not be able to make a claim should you have contracted an industrial disease prior to certain substances being labelled as dangerous.

Industrial disease is individual and different. You need to discuss your case in detail with an experienced lawyer before it becomes apparent as to whether you have a case or not. Industrial accidents however, are a lot easier to process as there is usually documentation of an actual incident leading to the injuries of which you are claiming. Industrial accident compensation can be pursued for any injury that is obtained in the workplace. A case is considered on the grounds that your injury could have been prevented or not.

Catherine has more articles covering work accident claims, compensation claims and other personal injury subjects.

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