Industrial Disease Claims Process — How It Works
Last reviewed: June 2026 · EA Personal Injury Solicitors
Industrial disease claims follow the general personal injury process with key differences: the time limit runs from your date of knowledge, not the date of exposure; the employer may no longer exist; and specialist medical and occupational evidence is needed. Claims can often be brought against a former employer's insurer even if the company has closed.
TL;DR — Quick Summary
Key Points
- Time limit runs from the date of knowledge, not the date of exposure.
- Claims can often be brought against a former employer's insurer.
- Specialist medical evidence is required.
- Employment and exposure records are key to establishing liability.
- The Employers' Liability Tracing Office can help identify insurers.
How Industrial Disease Claims Differ
Industrial disease claims arise where a worker has developed a medical condition caused by their working conditions or exposure at work. Unlike a single accident, many industrial diseases develop gradually over years of exposure and may not become apparent until years after the relevant employment has ended.
The Date of Knowledge
The limitation period for industrial disease claims runs from the date of knowledge — the date when you first knew, or ought reasonably to have known, that:
- You have a significant condition;
- The condition was caused by your work; and
- The condition was caused by an identifiable defendant's negligence.
This means that even if you were exposed to noise, asbestos, vibration or other hazards many years ago, the three-year period only starts from when you first had reason to connect your condition to your work.
Identifying the Defendant
In many industrial disease cases, the relevant employer may no longer exist. This is not necessarily a bar to claiming, because:
- Employers were required by law to hold Employers' Liability insurance, and the insurer remains liable even if the employer has ceased trading.
- The Employers' Liability Tracing Office (ELTO) maintains a database of Employers' Liability policies and can help identify insurers.
- For mesothelioma cases where no insurer can be identified, the Diffuse Mesothelioma Payment Scheme may provide compensation.
Evidence in Industrial Disease Claims
Strong evidence is essential in industrial disease claims. Key types of evidence include:
- Medical evidence: Specialist reports confirming the diagnosis, causation and prognosis. For hearing loss, audiological assessments. For asbestos disease, chest imaging and respiratory reports. For HAVS, specialist assessment.
- Employment records: Evidence of when and where you worked, and in what role — payslips, P60s, employment contracts, references.
- Exposure records: Noise surveys, vibration assessments, records of protective equipment provided (or not provided), COSHH assessments.
- Occupational health records: Employer health surveillance records, including hearing tests or occupational health referrals.
- Witness evidence: Former colleagues who can confirm working conditions.
The Claims Process
Once evidence is gathered, the claims process generally follows these steps:
- Initial enquiry and assessment of prospects.
- Instruction of solicitors and funding agreement.
- Tracing former employers and insurers.
- Letter of Claim sent to defendant/insurer.
- Defendant investigates and responds on liability.
- Medical and expert evidence obtained.
- Valuation of the claim.
- Negotiation and settlement, or court proceedings if necessary.
Urgent Cases
Some industrial diseases — particularly mesothelioma — are life-limiting conditions. In these cases, the claims process can be expedited. Interim payments may also be available to help with immediate financial needs while the claim is pursued.