Personal Injury Claims

Industrial Disease Claims in Scotland

Conditions like mesothelioma, asbestosis, industrial deafness and HAVS may entitle you to compensation — even if your former employer has closed

Who can claim?

You may be able to claim if you developed an illness or condition as a result of workplace exposure — even if the exposure happened decades ago or your employer has since closed.

Industrial diseases develop over time as a result of exposure to harmful substances or working conditions. Unlike sudden accidents, symptoms may not appear until years or even decades after the exposure. A claim may still be possible even if your former employer has closed or changed.

Common Industrial Diseases

Asbestos-related conditions:

  • Mesothelioma
  • Asbestosis
  • Asbestos-related pleural disease

Noise-induced hearing loss: Caused by prolonged exposure to high noise levels without adequate protection.

Vibration injuries:

  • Hand-Arm Vibration Syndrome (HAVS)
  • Vibration White Finger

Work-related upper limb disorders (WRULD): Including repetitive strain injuries affecting hands, wrists, arms and shoulders.

Respiratory diseases: Such as occupational asthma, pneumoconiosis, and chronic obstructive pulmonary disease caused by dust exposure.

Skin conditions: Including occupational dermatitis caused by contact with chemicals or substances.

Time Limits

The time limit for industrial disease claims can be complex. The Prescription and Limitation (Scotland) Act 1973 typically allows 3 years from the date of knowledge — that is, when you knew or ought reasonably to have known that your condition was caused by your work.

Early legal advice is important to avoid losing your right to claim.

Historical Employer Liability Insurance

Insurers are required to maintain records of employers’ liability policies. Even if your former employer has ceased trading, it may be possible to trace historical insurance policies and make a claim.

What compensation could cover

  • ✓ Pain, suffering and loss of amenity
  • ✓ Lost earnings past and future
  • ✓ Medical treatment and care costs
  • ✓ Travel for treatment
  • ✓ Aids, adaptations and specialist equipment
  • ✓ Home modifications if needed

Frequently asked questions

My employer closed years ago — can I still claim?
Possibly. The employer's liability insurance at the time may still cover claims. Specialist solicitors can trace historic insurers.
When does the time limit start for industrial disease?
From when you knew or ought to have known that your condition was linked to your work — not necessarily when symptoms first appeared.
What conditions are covered?
Asbestos-related diseases, industrial deafness, hand-arm vibration syndrome (HAVS), work-related upper limb disorders, and many others.

Related

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