Industrial Dermatitis Claim: How to show your employer is legally responsible to pay your compensation claim for occupational dermatitis, stress, asthma, vibration white finger
Claim dermatitis industrial injury: discover how to show your employer is legally responsible for your UK industrial injury claim, including occupational dermatitis, asthma, stress and vibration white finger.
What is industrial dermatitis claim?
“Industrial dermatitis” is the name given to an inflammation of the skin caused by contact with chemicals or substances in the workplace.
If the dermatitis is from your employer’s negligence or other legal fault – you can make an industrial dermatitis claim for compensation for your pain & suffering and financial loss.
Which jobs are likely to cause you to have an industrial dermatitis claim?
The types of jobs that can lead to an industrial dermatitis claim are many – some typical examples include: factory workers, florists, hair dressers and construction workers.
What is the “material contribution” test and how does it help prove your employer is legally responsible for your industrial dermatitis claim?
Your employer should take proper steps to avoid you having excessive exposure to chemicals that are known to cause skin problems.
If your employer has taken precautions and dermatitis has still developed a test in law known as the “material contribution” test can be used to help you show your employer’s responsibility.
Imagine you are a construction worker and are asked by your employer to cut bricks – excessive exposure to brick dust is known to cause dermatitis. Your employer provides you with all the correct protective equipment, but does not provide you with the use of a shower at work.
Inevitably brick dust gets onto your body, but your employer does not provide shower facilities at work. The brick dust stays on your skin until you can get home and have a shower. You develop dermatitis.
The “material contribution” test ensures that your employer does not avoid legal responsibility because it is impossible for you to show which exposure to brick dust caused your injury – the time that the dust remained on your body at work despite your employer taking proper safety precautions (your employer may not be legally responsible for this exposure) or the time the dust remained on your body after work when it could have been removed by a shower at a work (your employer is legally responsible for this exposure).
As long as you can show that the unnecessary exposure is likely to have had a significant or “material” contribution to you developing dermatitis that should be sufficient for your to show your employer is legally responsible.
In the above example your employer may still be responsible for the time the brick dust was on your skin at work – to prove this you would rely on the general law used in any accident at work claim.
Click accident at work claim to find out how to show your employer is legally responsible for your workplace injury.
Are there any other common industrial disease claims?
“Yes” – there are many types of industrial disease claim – some others include: industrial asthma, vibration white finger and occupational stress.
We shall explain what each is and provide you with a link to a page that will tell you how to show your employer is legally responsible.
What is industrial asthma and how do you show your employer is legally responsible for your industrial injury?
Asthma is a tightening in the muscles around your airways and a swelling of the airways – both combine to make the airways narrower and it more difficult for you to breath.
“Industrial asthma” is asthma caused from exposure to certain dust or chemicals at work – it is also known as “occupational asthma”.
Substances known to cause asthma, include: dust from: wood, flour or animals.
See our accident at work claim to find out how to show your employer is legally responsible for your occupational asthma claim for compensation.
What is vibration white finger and how do you show you have an industrial injury compensation claim?
“Vibration white finger” is a condition affecting the fingers, hands wrist and sometimes the arms. It causes a restriction in the blood supply to your fingers on the side of your body affected by the condition causing the ends of the fingers to turn white.
It is caused at work from using vibrating tools, such as pneumatic drills and chain saws.
Click vibration white finger compensation to see how much compensation you can claim for VWF.
What is occupational stress and how do you show your employer is legally responsible for your compensation claim?
“Occupational stress” is a type of psychiatric condition caused from exposure to too much stress in the workplace.
Certain employees are able to cope with stress at work better than others, so it is often difficult for your employer to know who is especially susceptible.
Your employer has a duty to ensure you are not put under excessive stress at work and so the tests to show your employer is legally responsible for your claim are similar to those for physical injury.
Difficulty comes in proving a claim when an employee is not able to cope with what seems an acceptable level of stress.
If your employer is aware that you are especially susceptible to stress he is under a duty to protect you from it – but not so much that you are unable to do any work at all.
Remember, every job has some unavoidable stress associated with it.
Industrial dermatitis claim amounts & free online solicitor help
See our occupational skin disease compensation calculations to see how much compensation you can claim for industrial dermatitis.
See our specialist solicitor free help options to discuss your claim online or in person with one of our specialist solicitors, ask a question or have your claim assessed.
Industrial Dermatitis Claim Summary
In this article you have discovered some common types of occupational injury including: industrial dermatitis, asthma, vibration white finger and occupational stress.
You have seen how to determine the vale of skin disease claims and how to access are specialist solicitor free online help
We suggest you now:
See our industrial injury claims process article to see how to start a compensation claim for industrial dermatitis and other occupational diseases.