Industrial disease claim advice for Vibration White Finger, occupational deafness and occupational asthma. Learn about eligibility, evidence, time limits and compensation.
If you have developed Vibration White Finger, occupational deafness or occupational asthma because of your work, you may be able to make an industrial disease claim for compensation. Industrial diseases can develop gradually, sometimes years after exposure to vibration, excessive workplace noise, dust, fumes or chemicals. This can make it difficult to know whether your condition is connected to your employment or whether you have a valid claim.
Unlike a typical accident at work, there may be no single date when an industrial disease occurred. Instead, your illness may have developed after months or years of exposure to hazardous working conditions.
An industrial disease claim may be possible where an employer failed to take reasonable steps to identify and control workplace risks, provide appropriate protective equipment, carry out health surveillance, or warn employees about known hazards.
At Claim Today, our personal injury solicitors help workers understand whether their illness may have been caused or worsened by their employment and whether compensation may be available.
What is an industrial disease claim?
An industrial disease claim is a legal claim for compensation where an employee develops an illness or medical condition because of exposure to harmful conditions, substances or processes at work.
Industrial diseases are different from sudden workplace accidents. A factory worker might suffer a machinery accident on one particular day, for example, whereas a worker could develop hearing loss after years of working around loud machinery.
Common examples include:
- Vibration White Finger (VWF) and Hand-Arm Vibration Syndrome (HAVS)
- Occupational deafness and noise-induced hearing loss
- Occupational asthma
- Asbestos-related diseases
- Silicosis and other occupational lung diseases
- Occupational dermatitis
- Certain musculoskeletal conditions caused by workplace activities
The UK Industrial Injuries Disablement Benefit scheme also recognises a range of prescribed occupational diseases, including asthma, deafness and prescribed disease A11, previously known as Vibration White Finger.
However, claiming Industrial Injuries Disablement Benefit is not the same as bringing an industrial disease compensation claim against an employer. A civil compensation claim can involve establishing employer responsibility and recovering compensation for the injury and resulting financial losses. health risks from hand-arm vibration
Can I make an industrial disease claim?
You may have grounds for an industrial disease claim if:
- you developed a diagnosed illness or condition;
- you were exposed to a workplace hazard;
- your employment is medically or factually connected to your condition; and
- your employer may have failed to take reasonable precautions to protect your health.
The exact requirements depend on the disease and circumstances.
For example, someone who regularly used vibrating power tools for years may develop symptoms of HAVS. Someone who spent years working around loud industrial machinery may develop occupational hearing loss. A vehicle paint sprayer exposed to isocyanates may develop occupational asthma.
Importantly, simply having worked in a noisy, dusty or vibrating environment does not automatically mean you will win an industrial disease claim. Medical evidence, employment history, exposure evidence and the circumstances of the workplace will all matter.
Vibration White Finger and industrial disease claims
Vibration White Finger is one of the better-known conditions associated with long-term exposure to vibrating tools and machinery.
It forms part of the wider group of conditions known as Hand-Arm Vibration Syndrome (HAVS).
The Health and Safety Executive (HSE) explains that hand-arm vibration can be transmitted into a worker’s hands and arms through equipment such as hand-held power tools and hand-guided machinery. Regular and frequent exposure can cause permanent health effects. https://claimtoday.com/accident-at-work-questions/
What causes Vibration White Finger?
lVibration White Finger can develop after repeated exposure to vibrating equipment.
Examples include:
- pneumatic drills;
- concrete breakers;
- grinders;
- sanders;
- chainsaws;
- hammer drills;
- chipping hammers;
- road breakers;
- powered mowers; and
- other vibrating hand-held tools.
The risk depends on factors such as the level and duration of vibration exposure and how frequently the equipment is used.
HSE identifies symptoms including tingling and numbness, reduced sensation, loss of hand strength and fingers becoming white or pale before becoming red and painful as circulation returns. Symptoms can worsen with continued exposure and may eventually become permanent.
What are the symptoms of Vibration White Finger?
Symptoms can include:
- numbness or tingling in the fingers;
- fingers turning white, particularly in cold conditions;
- painful attacks when circulation returns;
- reduced sensation;
- reduced grip strength;
- difficulty performing fine manual tasks; and
- difficulty working in cold or damp conditions.
For some workers, these symptoms can affect both employment and everyday life. Tasks such as fastening buttons, handling small objects or using tools can become more difficult.
When could Vibration White Finger lead to an industrial disease claim?
An industrial disease claim may be appropriate where workplace exposure to vibration contributed to the condition and the employer failed to manage the risk adequately.
Employers have duties to assess and control risks from hand-arm vibration. HSE states that employers must assess exposure and identify measures to eliminate or reduce risks, including appropriate control measures, information, training and health surveillance where required.
Evidence that may be relevant includes:
- the tools you used;
- how frequently you used them;
- how long you used them each day;
- how many years you performed the work;
- workplace risk assessments;
- health surveillance records;
- training records;
- equipment maintenance records;
- medical records; and
- statements from former colleagues.
Occupational deafness and industrial disease claims
Long-term exposure to excessive workplace noise can cause permanent hearing damage.
Occupational deafness is particularly associated with industries involving loud machinery, impact tools and metalworking equipment.
HSE identifies industries where workplace noise can be a significant risk, including construction, demolition, road repair, woodworking, engineering, fabrication, forging, foundries, waste and recycling.
What is occupational deafness?
Occupational deafness generally refers to hearing loss caused by exposure to excessive noise at work.
Unlike a sudden injury, hearing damage may develop gradually. You may not realise how much your hearing has deteriorated until everyday conversations become difficult.
You might notice:
- difficulty understanding conversations;
- needing people to repeat themselves;
- struggling to hear in restaurants or other noisy places;
- turning the television up;
- ringing or other noises in the ears;
- difficulty hearing warning signals at work; or
- difficulty communicating with family and friends.
An audiological assessment can help establish the extent and nature of hearing loss.
What does the Industrial Injuries scheme say about occupational deafness?
The current GOV.UK guidance states that occupational deafness under prescribed disease A10 requires hearing loss of at least 50 decibels in each ear and at least 10 years of qualifying work using, or working close to someone using, specified tools or machinery likely to cause deafness. Different qualifying periods can be combined.
The Industrial Injuries Disablement Benefit rules are separate from a civil industrial disease claim, so meeting or failing to meet the criteria for IIDB does not necessarily determine whether you can pursue compensation from an employer.
What workplace equipment can cause hearing damage?
Examples of potentially noisy work environments and equipment include:
- pneumatic tools;
- grinding equipment;
- metalworking machinery;
- forging machinery;
- saws;
- cutting equipment;
- heavy construction equipment; and
- other industrial machinery.
The specific equipment and exposure history will be important when assessing an industrial disease claim.
Employers have duties under the Control of Noise at Work Regulations 2005 to assess and control risks arising from workplace noise, provide hearing protection where appropriate and undertake health surveillance where required.
Occupational asthma and industrial disease claims
Occupational asthma is another important type of work-related illness.
It can occur when a worker becomes sensitised to a substance in the workplace. Once sensitised, even relatively small exposures can trigger asthma symptoms.
HSE describes occupational asthma as an allergic reaction caused by workplace substances such as flour or wood dust.
What causes occupational asthma?
A wide range of substances can cause occupational asthma.
Examples include:
- isocyanates;
- flour and grain dust;
- wood dust;
- latex;
- solder flux fumes;
- enzymes;
- certain cleaning products;
- laboratory animal allergens;
- epoxy-related substances; and
- some chemicals used in manufacturing.
HSE identifies isocyanates, flour dust, grain dust, wood dust and other substances among recognised causes of occupational asthma.
Isocyanates are particularly important in industries such as motor vehicle repair and spray painting. HSE describes isocyanates as a leading cause of occupational asthma in Great Britain.
Which workers may be at risk?
Occupational asthma can affect workers in many industries, including:
- vehicle spray painting;
- woodworking;
- carpentry and joinery;
- baking;
- food manufacturing;
- cleaning;
- healthcare;
- welding;
- plastics manufacturing;
- laboratories; and
- manufacturing.
For example, HSE reports that carpenters, joiners and furniture workers are around four times more likely to develop asthma than other UK workers, with wood dust being a common cause of occupational asthma.
What symptoms can occupational asthma cause?
Symptoms can include:
- wheezing;
- coughing;
- chest tightness;
- shortness of breath;
- difficulty breathing; and
- symptoms that become worse during or after work.
One important clue can be a pattern where symptoms improve away from work, such as during weekends or holidays, and return after exposure.
However, symptoms can vary significantly. A doctor or occupational health professional should assess suspected occupational asthma rather than assuming that workplace exposure is the cause.
Can I claim if I already had asthma?
Possibly, but the circumstances matter.
HSE distinguishes occupational asthma from work-related asthma that involves pre-existing asthma being triggered or aggravated by workplace conditions.
A pre-existing condition does not automatically prevent a claim. The important question may be whether workplace exposure caused a new condition, materially contributed to it or made an existing condition worse.
Medical evidence will be particularly important in these cases.
What must an employer do to prevent industrial disease?
Employers have responsibilities to protect employees from foreseeable workplace health risks.
The exact duties depend on the hazard.
For vibration, employers should assess exposure and take steps to eliminate or reduce the risk. HSE guidance also highlights training, control measures and health surveillance where appropriate.
For excessive noise, employers must assess and control risks under the Control of Noise at Work Regulations 2005.
For hazardous substances that can cause occupational asthma, the COSHH Regulations require employers to prevent or adequately control exposure to substances hazardous to health.
Depending on the workplace, reasonable precautions could include:
- carrying out suitable risk assessments;
- reducing exposure at source;
- using safer equipment or substances;
- providing effective ventilation or extraction;
- maintaining machinery;
- limiting exposure time;
- providing suitable personal protective equipment;
- providing appropriate training;
- providing health surveillance; and
- responding promptly when workers report symptoms.
A failure to take reasonable precautions may form part of the evidence in an industrial disease claim.
What evidence do I need for an industrial disease claim?
Industrial disease cases can be more complex than straightforward accident claims because exposure often happened over a long period.
You may have changed jobs, retired or worked for several employers before symptoms became serious.
Useful evidence can include:
Medical records
Medical evidence can help establish:
- your diagnosis;
- when symptoms began;
- how serious the condition is;
- whether the condition is consistent with workplace exposure; and
- your future prognosis.
Employment history
Try to record:
- employers’ names;
- job titles;
- dates of employment;
- workplaces;
- machinery used;
- substances handled;
- approximate exposure levels;
- working hours; and
- colleagues who can confirm your working conditions.
Workplace records
Relevant documents may include:
- risk assessments;
- training records;
- health surveillance records;
- occupational health records;
- accident or incident reports;
- noise assessments;
- vibration assessments;
- COSHH assessments; and
- equipment maintenance records.
You do not necessarily need to have all of this evidence yourself. A solicitor can investigate what evidence may be available.
Can I make an industrial disease claim against a former employer?
Yes, potentially.
You do not necessarily have to still work for the employer responsible for your exposure.
Industrial diseases can take years to develop, meaning that you may only discover the connection between your condition and your previous employment after leaving the job.
The fact that an employer has changed its name, ceased trading or no longer operates in the same way does not automatically mean that an industrial disease claim is impossible. The legal and insurance position needs to be investigated on the facts of the individual case.
If you worked for several employers during your career, it may also be necessary to establish which periods of employment contributed to your illness and whether more than one employer could be responsible.
How long do I have to make an industrial disease claim?
Time limits are extremely important.
For personal injury claims in England and Wales, the general limitation period is usually three years, subject to the detailed rules and exceptions under the Limitation Act 1980.
For disease claims, the date the three-year period begins can depend on the claimant’s date of knowledge. Under section 14 of the Limitation Act 1980, this can involve when the person first had knowledge of the significant injury, its attribution to the relevant act or omission, and the identity of the potential defendant.
This can be particularly important for industrial diseases because symptoms may appear gradually and the connection with work may only become clear later.
Do not assume that you cannot claim simply because your exposure happened many years ago.
Equally, do not wait to investigate the position. Limitation issues can be complicated, and getting legal advice as early as possible can help protect your position.
What compensation can an industrial disease claim include?
The value of an industrial disease claim depends on the individual circumstances.
Compensation may potentially reflect:
General damages
This relates to the pain, suffering and impact caused by the illness.
The severity and duration of your condition will be important.
Loss of earnings
If your illness has caused you to:
- take time off work;
- reduce your working hours;
- change jobs;
- leave your occupation; or
- retire earlier than expected,
you may have financial losses that need to be considered.
Future financial losses
Where an industrial disease has a long-term impact on your ability to work, future losses may need to be assessed.
Treatment and rehabilitation
Depending on the circumstances, losses can include reasonable costs associated with treatment, rehabilitation, travel or other care.
Other financial losses
The claim may also consider other expenses arising from the condition, depending on the evidence.
There is no reliable single figure for an industrial disease claim because two people with the same diagnosis can experience very different consequences.
Can I claim Industrial Injuries Disablement Benefit as well?
Potentially.
Industrial Injuries Disablement Benefit (IIDB) is a government benefit for certain prescribed diseases and accidents caused by employment. GOV.UK confirms that the scheme covers more than 70 diseases, including asthma, deafness and prescribed disease A11, previously known as Vibration White Finger.
The government also provides specific claim forms for prescribed diseases, occupational deafness and occupational asthma.
IIDB is separate from a civil compensation claim.
Whether you can receive both and how any benefit affects compensation will depend on your circumstances, so this should be considered when your claim is assessed.
What should I do if I think my illness was caused by work?
If you suspect that your condition is work-related, consider taking the following steps:
- Speak to your GP or appropriate medical professional.
Explain the type of work you performed and the substances, noise or vibration you were exposed to. - Record your employment history.
Write down previous employers, job roles and approximate dates. - Record your exposure.
Note the tools, machinery, chemicals, dust or other hazards you worked with. - Keep medical and employment documents.
Hearing tests, occupational health records and other medical evidence can be important. - Do not delay seeking legal advice.
Limitation rules can apply even where a disease developed gradually. - Get your potential claim assessed.
A specialist solicitor can investigate whether the evidence supports an industrial disease claim.
Why industrial disease claims can be difficult
Industrial disease cases often involve evidence covering many years.
For example, imagine a worker who spent 15 years operating vibrating machinery. They later develop numbness, painful fingers and blanching in cold weather.
The worker may remember the symptoms but not know:
- how much vibration they were exposed to;
- whether their employer carried out risk assessments;
- whether other workers developed similar conditions;
- whether health surveillance was available; or
- what safety standards applied at the time.
A solicitor can investigate these issues and obtain appropriate medical evidence.
The same applies to occupational deafness and asthma. A worker may remember years of exposure to loud machinery or paint fumes but may not know whether the employer failed to comply with the relevant safety requirements.
This is why early investigation can be valuable.
Why choose Claim Today for an industrial disease claim?
Claim Today Solicitors has experience dealing with workplace and personal injury claims across England and Wales. The firm states that it has operated since 1999 and offers no-win, no-fee support for eligible personal injury claims.
If you believe your Vibration White Finger, occupational deafness or occupational asthma may have been caused by your employment, you can contact Claim Today for an assessment of your circumstances.
The initial discussion can help establish:
- what happened;
- which employers you worked for;
- what you were exposed to;
- when your symptoms developed;
- what medical diagnosis you have received; and
- whether there may be a basis for an industrial disease claim.
No two cases are identical, so your potential claim should be assessed on its own evidence.
Frequently asked questions about industrial disease claims
What is an industrial disease claim?
An industrial disease claim is a claim for compensation where a worker develops an illness or condition because of workplace exposure or working conditions and another party may be legally responsible.
Can I claim for Vibration White Finger?
You may be able to make an industrial disease claim if your Vibration White Finger or HAVS was caused or contributed to by workplace vibration and there is evidence that an employer may have failed to protect you adequately.
Can I claim for industrial deafness?
Potentially. Long-term exposure to excessive workplace noise can cause permanent hearing damage. Medical and employment evidence will be important when assessing an industrial disease claim.
Can I claim for occupational asthma?
Potentially. Occupational asthma can result from exposure to substances such as isocyanates, flour dust, wood dust and other respiratory sensitisers.
Can I claim if I no longer work for the employer?
Yes, potentially. Leaving employment does not automatically prevent an industrial disease claim. The relevant limitation rules and evidence need to be considered.
Can I claim if my employer has closed down?
Possibly. The fact that an employer no longer trades does not automatically end the possibility of a claim. The circumstances and relevant insurance arrangements need to be investigated.
How long do I have to make an industrial disease claim?
Personal injury claims are generally subject to a three-year limitation period, but disease claims can involve complex rules concerning the date of knowledge. You should obtain legal advice promptly rather than assuming that your claim is out of time.
How much is an industrial disease claim worth?
There is no standard amount. Compensation depends on the severity of the illness, its impact on your life and work, financial losses, medical evidence and other circumstances.
What if I worked for several employers?
You may still have a claim. Your employment and exposure history can be investigated to determine which employers may be relevant and whether responsibility can be established.
Do I need medical evidence?
Medical evidence is usually an important part of an industrial disease claim. It can help establish your diagnosis, the severity of the condition and the relationship between your illness and workplace exposure.
Could you have an industrial disease claim?
Vibration White Finger, occupational deafness and occupational asthma can have a lasting impact on your health, employment and everyday life. In many cases, workers only discover the seriousness of their condition after years of exposure.
If you believe your illness may be connected to your employment, do not assume that it is simply part of getting older or part of the job.
An industrial disease claim may be possible where workplace exposure contributed to your condition and your employer failed to take reasonable steps to protect you.
The sooner your circumstances are investigated, the easier it may be to identify relevant employment records, witnesses and medical evidence.
Contact Claim Today to discuss your potential industrial disease claim and find out whether you may be entitled to compensation.
Important legal information
This article provides general information about industrial disease claims in England and Wales. It is not a substitute for individual legal advice. The law, limitation rules and eligibility requirements can depend on the facts of each case. You should obtain advice on your own circumstances before taking legal action.
