Industrial Injury Claims: What You Can Claim and How

Quick Summary

• An industrial injury claim covers conditions caused by long-term workplace exposure, not just one-off accidents
• Common examples include HAVS, noise-induced hearing loss, asbestosis, occupational asthma, dermatitis, and RSI
• The 3-year time limit runs from your "date of knowledge": when you first knew your condition was linked to your work
• Industrial Injuries Disablement Benefit is a separate state payment and does not prevent you from also pursuing a civil compensation claim
• Most industrial injury claims are handled on no win no fee, with nothing to pay if the claim fails

What is an industrial injury claim?

An industrial injury claim is a civil compensation claim against an employer for illness or injury caused by long-term exposure to harmful working conditions, rather than a single workplace accident.

Where a broken leg from a fall at work is a straightforward workplace accident, an industrial injury claim deals with conditions that develop gradually: hearing loss from years of noise exposure, lung disease from decades of inhaling dust or asbestos, nerve damage from repeated use of vibrating tools. The legal basis is the same: your employer had a duty of care and failed in it. The evidence needed to prove it is different.

What conditions qualify as an industrial injury?

Any medically recognised condition caused or significantly worsened by your working conditions may form the basis of an industrial injury claim. The condition does not need to be on a government list. It needs to be linked to your work by medical and occupational evidence.

Common examples include:

• Hand-arm vibration syndrome (HAVS): damage to nerves, blood vessels, and joints caused by regular use of vibrating tools such as jackhammers, chainsaws, angle grinders, and drills. Symptoms include vibration white finger, tingling, numbness, and reduced grip strength. Common in construction, quarrying, and engineering.
• Noise-induced hearing loss: gradual, permanent hearing loss and tinnitus caused by prolonged exposure to loud noise at work. Common in manufacturing, construction, and foundries.
• Asbestosis and mesothelioma: serious and often fatal lung conditions caused by asbestos exposure. 2,218 people died from mesothelioma in Great Britain in 2023, most from asbestos exposure decades earlier.
• Occupational asthma: a breathing condition triggered by inhaling dust, fumes, vapours, or chemicals at work. Common in bakeries, spray-painting, woodworking, and healthcare.
• Occupational dermatitis: skin inflammation caused by repeated contact with chemicals, cleaning products, rubber, or other irritants. Common in hairdressing, cleaning, and engineering.
• Repetitive strain injury (RSI) and musculoskeletal disorders: damage to muscles, tendons, and nerves from repetitive movements, awkward postures, or sustained force. 511,000 workers in Great Britain suffer from a work-related musculoskeletal disorder, based on 2024/25 data.
• Work-related upper limb disorders (WRULD): a category of RSI affecting the shoulders, arms, wrists, and hands, associated with assembly line work, data entry, and packing.
• Chemical exposure conditions: conditions including occupational cancers, toxic neuropathy, and organ damage caused by prolonged contact with hazardous substances.

If your condition is not on this list but you believe it was caused by your work, it is still worth speaking to a solicitor. The range of recognised occupational conditions is broad.

How is an industrial injury claim different from an accident at work claim?

The key difference is causation. An industrial injury claim requires proving that a pattern of harmful exposure over time caused your condition, not a single identifiable incident.

In a standard accident at work claim, the evidence centres on one event: what happened, where, and why your employer was responsible. In an industrial injury claim, the evidence must show what you were exposed to, for how long, at what levels, and that this exposure caused or materially contributed to your condition. That typically requires a specialist medical expert and, in some cases, an occupational hygienist who can assess the level of exposure you experienced.

This does not make an industrial injury claim impossible. It means the investigation is more detailed, and instructing an experienced solicitor from the outset is important.

What is the time limit for an industrial injury claim?

The time limit for an industrial injury claim is 3 years from your "date of knowledge": the date on which you first knew, or ought reasonably to have known, that your injury was significant and that it was caused by your employer's act or omission.

This rule comes from section 14 of the Limitation Act 1980. It exists because industrial conditions are often latent: a person exposed to asbestos in the 1970s may not develop symptoms for 30 or 40 years. A worker with HAVS may not realise their symptoms are work-related until a doctor tells them.

The practical effect is that your 3 years does not necessarily start from the day you first used a vibrating tool or first worked in a noisy environment. It starts from when you had the knowledge that would have led a reasonable person to investigate a potential claim.

If you have recently received a diagnosis that links your condition to your work, take advice from a solicitor promptly. The date of knowledge can be interpreted differently on the specific facts of each case, and delay carries risk.

How to make an industrial injury claim

Step 1: Get a medical assessment confirming the diagnosis

The starting point is a clear medical diagnosis that identifies your condition and links it to workplace exposure. Your GP records, specialist referrals, and any existing occupational health reports are all relevant. Your solicitor will arrange an independent medical examination to produce a report setting out diagnosis, causation, and prognosis.

Without a medical expert confirming the link between your work and your condition, the claim cannot proceed. This expert evidence is the foundation of everything that follows.

Step 2: Gather evidence of your workplace exposure

Your solicitor will help you compile evidence of the nature, duration, and level of your exposure. This may include employment records, payslips confirming your job role and employer, maintenance records for tools or equipment, records of risk assessments your employer should have carried out, and evidence that protective measures were absent or inadequate.

Former colleagues may be able to provide witness statements about working conditions. Where your employer has since closed, historical records held by Companies House, trade unions, or industry bodies may still be traceable.

Step 3: Instruct a solicitor on no win no fee

Most industrial injury claims are funded by a Conditional Fee Agreement (CFA), meaning you pay nothing upfront and nothing if the claim fails. If the claim succeeds, a success fee is deducted from your compensation, capped at 25% of your general damages and past losses.

For a full explanation of how this works, see our funding guide.

Is Industrial Injuries Disablement Benefit the same as a compensation claim?

No. Industrial Injuries Disablement Benefit (IIDB) is a state benefit paid by the Department for Work and Pensions for certain prescribed industrial diseases and work-related accidents.

It is entirely separate from a civil compensation claim against your employer. Claiming IIDB does not prevent you from also pursuing a solicitor-led damages claim. The two can run alongside each other. IIDB is not means-tested and does not affect most other benefits. However, it does not cover your lost earnings, future care costs, or the full impact of your injury in the way that a civil claim can.

If you have already applied for or are receiving IIDB, tell your solicitor. It has no bearing on your right to pursue compensation but your solicitor needs to know the full picture.

Frequently asked questions

Can I still claim if my employer has closed down?

Yes. Employers are required by law to hold Employers' Liability Insurance. In most cases, this insurance remains traceable even after a business closes. Your solicitor can search the ELTO database to identify the insurer responsible for your period of employment.

What if I worked for several employers and am not sure which one caused my condition?

You may be able to claim against more than one employer if exposure at multiple workplaces contributed to your condition. Courts can apportion liability between employers based on the duration and severity of exposure at each. Your solicitor will advise on how to structure the claim based on your employment history.

Can I claim for a condition caused by work years ago?

Yes, provided the 3-year period from your date of knowledge has not expired. If you have only recently been diagnosed or only recently connected your condition to your work, you may still be within time. Take advice as soon as possible rather than assuming it is too late.

What evidence do I need for an industrial injury claim?

The most important evidence is a medical report linking your condition to your work. Supporting evidence includes your employment history, records of the tools, substances, or conditions you were exposed to, and any communications about health concerns raised during employment. Your solicitor will guide you on what to gather and how to obtain it.

How much compensation can I get for an industrial injury?

Compensation varies depending on the severity of your condition, its impact on your daily life and earning capacity, and the financial losses you have incurred. It is calculated in the same way as other personal injury claims: general damages for pain, suffering, and loss of amenity, plus special damages for lost earnings, medical costs, and future losses. A solicitor can give you an indicative range once a medical report has been obtained.

Find out if you have an industrial injury claim

If you have developed a condition that you believe was caused or worsened by your work, a free assessment with a specialist solicitor is the right first step. There is no obligation and no upfront cost.

Free case assessment

Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525).

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