Occupational Dermatitis Claims – A Guide to Claiming Compensation

If you’ve had a diagnosis of work-related dermatitis because your employer failed to adopt adequate safety measures, you could be entitled to claim compensation. In this guide, we examine when occupational dermatitis claims might be feasible, what evidence can be used for the claim and what amount of compensation could be awarded.

To assist you further, we provide a free initial consultation for all occupational dermatitis compensation claims. During your call, no-obligation advice will be provided and your advisor will answer any of your questions. If your claim appears to be strong enough, you could be connected with one of our specialist solicitors. Should your claim proceed, they will represent you on a No Win, No Fee basis.

You can reach out to discuss a dermatitis compensation claim with a legal advisor by:

• Calling 0333 241 2519.
• Using our live chat service.

Getting legal advice promptly after realising your occupation has caused dermatitis can significantly enhance the chances of receiving the compensation you deserve.

What Is Work-Related Dermatitis?

Also referred to as work-related contact dermatitis, occupational dermatitis occurs when exposure to certain substances causes eczema, leading to skin irritation and dryness. Work-related dermatitis or occupational dermatitis can occur when your skin is exposed to certain irritants in the workplace. Some examples of these irritants include cleaning products, solvents, certain foods, dust, alkalis and acids, wet cement, greases and oils.

The symptoms of work-related dermatitis include:

• Blistered, dried, cracked and itchy skin.
• Skin discolouration.
• Stinging and burning.
• Blistering and crusting.
• Rashes.

Usually, dermatitis affects your hands and arms but it can also cause problems across the body including on the face and neck. Symptoms may appear immediately after you’ve been exposed to an irritant or after exposure for a prolonged period.

If you believe you’ve got an occupational dermatitis claim, call our team now for free advice on your options.

Can I Make an Occupational Dermatitis Claim?

Although it’s hard to eliminate exposure to some substances in the workplace completely, employers still have a legal responsibility to protect your well-being. To meet their obligations under the Health and Safety at Work etc. Act 1974, employers need to implement practical measures such as:

• Risk assess the workplace on a regular basis.
• Provide staff with gloves, facemasks, overalls, eye protection and other forms of personal protective equipment (PPE).
• Train staff on how to work as safely as possible.
• Provide wash facilities and allow staff to take rest breaks away from the work area.
• Install proper installation where required.
• Consider using alternative substances to reduce the risk of skin irritation where possible.

Other laws such as the Control of Substances Hazardous to Health Regulations 2002 also apply and could be relevant in occupational dermatitis claims.

As such, if your work-related dermatitis claim is to succeed, it will generally need to be proven that:

• You were owed a duty of care by your employer.
• Your employer was negligent meaning they breached that duty of care.
• As a direct result of that negligence, you have been diagnosed with dermatitis in the last three years.

It is essential that you prove how you have suffered as a result of occupational dermatitis. You must also prove why your employer was to blame for the suffering you’ve endured.

What Should I Do If I Have Developed Occupational Dermatitis?

If you believe that working with certain substances is causing occupational dermatitis, there are some steps you can take to give your employer the chance to put things right. They include:

• Telling your employer why you’re worried. You should do this in writing and explain when your symptoms flare up.
• Seek medical advice from your GP so that your condition can be treated.
• Let your employer know about any recommendations your GP has made.

If your employer fails to act, they might be found to have been negligent if you go on to start an occupational dermatitis claim. If you believe that to be the case, please get in touch and one of our specialists will review your claim for free.

What Evidence Can Be Used for Occupational Dermatitis Claims?

As mentioned earlier, you will need to prove why you’ve contracted dermatitis, how it has affected you and why your employer is responsible if you’re to receive any compensation for your suffering.

The types of evidence that could prove useful in occupational dermatitis claims include:

• Copies of any correspondence you’ve had with your employer about your skin problems.
• Photographs or video footage of your working environment.
• Pictures of any rashes or swelling.
• Witness statements from other staff to confirm your working conditions.
• Copies of your medical records to help prove your diagnosis.

If your case is taken on by one of our solicitors, as part of their service, they may seek further evidence to support your claim. For instance, they could ask the HSE for a copy of a COSSH report relating to your condition.

If you want a legal advisor to review your dermatitis compensation claim, please get in touch and let us know about any evidence you have secured so far.

How Long Do I Have to Claim Compensation for Occupational Dermatitis?

In the UK, the Limitation Act 1980 allows you a 3-year time limit for most work-related injury claims. For occupational dermatitis claims, the 3 years will normally begin from the date your condition was confirmed by a medical professional. The Limitation Act calls this your date of knowledge.

Ideally, you should think about making a claim at the earliest opportunity. That’s because solicitors need some time to prepare your case before it’s filed with your employer. Also, if the claim is made outside of the allowed time limit, you could miss out on any compensation you might have been entitled to.

What Compensation Can I Claim for Occupational Dermatitis?

Compensation awarded for occupational dermatitis varies and can be based on many factors.

General damages, which cover the pain and suffering, will look at how much irritation you’ve endured and for how long. To assess this, your solicitor will use evidence such as your medical records. Additionally, they may ask you to be assessed by an independent medical expert as well.

Once they have a grasp on the extent of your suffering, your solicitor might look at previous cases and use figures from the Judicial College Guidelines (JCG) to put a value on your claim.

Our occupational dermatitis compensation table shows how much compensation you could be awarded using JCG data. However, these amounts aren’t guaranteed.

• Compensation amounts for dermatitis affecting both hands, potentially lasting years or becoming permanent, range from £13,740 – £19,200.
• For cases where dermatitis impacts one or both hands with symptoms less severe than the former, compensation ranges between £8,640 – £11,410.
• In cases where treatment is expected to remedy the condition within a few months, compensation is generally between £1,710 – £3,950.

Additionally, special damages might be awarded if you’ve lost any money because of work-related dermatitis. As such, any payout you receive could also cover:

• Help and support at home while you’re suffering.
• Medical costs.
• Travel expenses.
• Lost income (including any future losses).

You will need to prove any such costs by providing receipts, wage slips and other financial information. If you’d to check what the value of your occupational dermatitis claim might be, please call our legal advisors now.

Can I Claim Compensation if I’m Not a Full-Time Worker?

Earlier, we discussed the legal responsibility that employers have concerning their staff’s health and safety. This responsibility is not just for full-time workers. It also covers temps, contractors, zero-hours workers, the self-employed, consultants and agency staff.

That means that all workers should be afforded the same protection when it comes to preventing occupational dermatitis. Therefore, whatever type of contract you’re employed on, we could help you to claim for any suffering that has been caused by your employer’s negligence.

Will I Be Sacked for Claiming Compensation for Occupational Dermatitis?

Many people worry about what will happen to them if they make a personal injury claim against their employer. However, so long as your claim is truthful, there should be nothing to worry about.

Laws are there to protect you which means your employer can’t dismiss you because of your claim. Also, they cannot demote you, discipline you, pick on you or single you out in any way as a result of your occupational dermatitis claim.

If you have been picked on in any way because of your claim, let a member of our team know. As well as your work-related dermatitis claim, you could also be entitled to compensation for unfair or constructive dismissal.

Do You Need a Solicitor for Occupational Dermatitis Claims?

Legally, you’re well within your rights to sue your employer for dermatitis on your own. However, they will usually be represented by their insurance provider who may contest your claim to reduce the level of compensation paid (if the claim is won). Having a solicitor on your side could mean you have a better chance of winning your claim and should make the process easier.

If your claim is feasible and you decide to work with one of our solicitors, some of the services they may offer include:

• Gather any evidence needed to help prove your case.
• Present as strong a case as possible and ensure it’s filed on time.
• Deal with your employer’s insurers for you so you don’t have to deal with any negotiations.
• Provide you with regular updates.
• Trying to ensure any settlement you receive covers your suffering (rather than accepting the first compensation offer).

All of the above work will be carried out on a No Win, No Fee basis if your claim is taken on. To offer this service, you will be asked to sign a Conditional Fee Agreement (CFA) which means:

• No fees for your solicitor’s expertise are paid upfront.
• You don’t pay your solicitor for their services if the claim is lost.
• A success fee will be deducted from any settlement you receive should your claim be won.

The success fee is a percentage of your compensation. Legally, it can’t be any higher than 25 per cent so you’ll always keep the bulk of any settlement paid.

To find out if you could make a No Win, No Fee occupational dermatitis compensation claim, please call today.

How Long Do Occupational Dermatitis Claims Take?

In very simple claims, occupational dermatitis compensation could be paid out in 4 to 6 months. This would typically require early agreement from your employer that they were to blame and for your skin to have fully recovered.

Where you are likely to suffer for a longer period or if your employer contests liability for your suffering, the claims process could take around 9 months. In very serious cases, claims take more than a year to be settled.

Contacting Us About an Occupational Dermatitis Claim

If you want to know if you have a feasible occupational dermatitis claim you can contact our legal advisors for a free assessment. To arrange this you can:

• Call now on 0333 241 2519.
• Use our 24/7 live chat service.

When you contact us, we’ll assess your case and offer legal advice about your options. You’re under no obligation to proceed with legal action against your employer but if your occupational dermatitis claim is feasible and you instruct one of our solicitors, they’ll represent you on a No Win, No Fee basis.