Industrial disease claims Scotland
Industrial diseases are illnesses and physical conditions caused by exposure to hazardous substances, repetitive activities, or dangerous working conditions. Many workers in Scotland suffer from conditions caused by their work without realising they are entitled to compensation.
Unlike accident claims, industrial disease claims often involve conditions that develop gradually over months or years. This can make establishing the cause more complex, but it does not prevent a successful claim.
TL;DR: If your illness or physical condition was caused or contributed to by your work, you may be entitled to compensation in Scotland. The time limit runs from when you knew (or should have known) the condition was work-related. No Win No Fee applies. Call 0800 123 4567 for a free assessment.
What types of industrial disease can you claim for in Scotland?
Asbestos-related diseases
Asbestos was widely used in Scotland's shipbuilding, construction, and engineering industries until it was banned in 1999. Diseases caused by asbestos exposure include:
- Mesothelioma: A cancer of the lining of the lung or abdomen, almost exclusively caused by asbestos
- Asbestosis: Chronic scarring of lung tissue
- Pleural plaques: Thickening of the lung lining. Crucially, in Scotland, pleural plaques alone are compensable under the Damages (Asbestos-Related Conditions) (Scotland) Act 2009, unlike in England where pleural plaques do not give rise to a claim
- Pleural thickening: More significant thickening causing breathlessness
- Asbestos-related lung cancer
Noise-induced hearing loss (NIHL) and tinnitus
Prolonged exposure to excessive noise in the workplace causes permanent hearing damage and tinnitus. Industries commonly involved include construction, shipbuilding, heavy engineering, printing, farming, and military service.
Vibration white finger (VWF) and hand-arm vibration syndrome (HAVS)
Regular use of vibrating tools such as pneumatic drills, angle grinders, road saws and chainsaws can cause vibration white finger (also called Raynaud's phenomenon) and hand-arm vibration syndrome. Symptoms include blanching of the fingers in cold weather, tingling, numbness, and loss of grip.
Repetitive strain injury (RSI) and upper limb disorders
Repetitive work tasks, awkward postures and forceful movements can cause a range of upper limb disorders, collectively called RSI. Specific conditions include:
- Carpal tunnel syndrome
- Tendonitis and tenosynovitis
- Epicondylitis (tennis elbow and golfer's elbow)
- De Quervain's syndrome
Industries commonly involved include manufacturing, packing, keyboard-intensive office work, supermarket checkout work, and assembly line production.
Occupational asthma
Exposure to sensitising substances in the workplace can cause occupational asthma, a condition where breathing difficulties are triggered or worsened by workplace exposures. Causative substances include flour dust, isocyanates (used in spray painting), wood dust, latex, and chemicals.
Dermatitis and occupational skin conditions
Skin conditions caused by contact with irritant or sensitising substances at work are common in hairdressing, healthcare, construction, catering, and manufacturing. Contact dermatitis can be allergic or irritant in nature.
Mesothelioma and other chemical-related cancers
Beyond asbestos, workers exposed to carcinogenic chemicals (such as benzene, formaldehyde, and certain dyes) may develop occupational cancers. These claims are complex and require specialist medical and legal expertise.
What duty did your employer have?
Scottish employers have comprehensive duties to protect workers from occupational disease under:
- Health and Safety at Work Act 1974: General duty to ensure a safe and healthy workplace
- Control of Substances Hazardous to Health Regulations 2002 (COSHH): Assessment and control of exposure to hazardous substances
- Control of Noise at Work Regulations 2005: Protecting against noise damage
- Control of Vibration at Work Regulations 2005: Protecting against hand-arm and whole-body vibration
- Manual Handling Operations Regulations 1992: Safe manual handling procedures
- Personal Protective Equipment at Work Regulations 1992: Providing appropriate PPE
Where an employer failed to comply with these duties and the failure caused your condition, you have a basis for a claim.
How is the time limit calculated for industrial disease claims?
Industrial disease claims do not follow the simple rule of three years from the date of the accident. Instead, the Prescription and Limitation (Scotland) Act 1973 applies the "date of knowledge" rule.
The three-year period starts when you first knew (or could reasonably have known) that:
- The condition was significant enough to justify legal proceedings
- The condition was caused (wholly or partly) by your working conditions
Many industrial disease claimants only make this connection years after leaving employment, often when a GP or specialist identifies the occupational cause. The three-year period runs from that point of knowledge, not from when the condition began to develop.
If you are unsure whether you are within the time limit, speak to a solicitor. Do not assume you have missed the deadline.
Can you claim if the employer no longer exists?
Yes. Employers were required to hold employers' liability insurance. Insurers remain liable even after an employer has ceased trading, merged, or gone into liquidation. Your solicitor will trace the relevant insurer through the Employers' Liability Tracing Office (ELTO) database.
Where an insurer cannot be traced, claims can sometimes be made to the Financial Services Compensation Scheme (FSCS) or, for mesothelioma specifically, the Diffuse Mesothelioma Payment Scheme (DMPS).
How much compensation can you receive for an industrial disease in Scotland?
Compensation covers general damages (for the condition and its effects on your life) and special damages (financial losses).
Indicative general damages ranges
| Condition | Approximate range |
|---|---|
| Mild RSI, full recovery | £4,000 to £12,000 |
| Moderate RSI with ongoing symptoms | £12,000 to £25,000 |
| Severe HAVS / vibration white finger | £12,000 to £35,000 |
| Occupational asthma, mild to moderate | £16,000 to £38,000 |
| Moderate NIHL | £12,000 to £27,000 |
| Pleural plaques (Scotland) | £3,000 to £10,000 |
| Asbestosis, moderate | £20,000 to £50,000 |
| Mesothelioma | £68,000 to £145,000 |
Special damages can include lost earnings (past and future), cost of medical treatment, aids and equipment, and care costs.
All figures are ranges, not guarantees.
Is an industrial disease claim handled on No Win No Fee?
Yes:
- Nothing to pay to begin your claim
- Nothing to pay if your claim does not succeed
- You keep 100% of your compensation if your claim succeeds
Frequently asked questions
Can I claim for a condition that developed gradually over my working life? Yes. Industrial disease claims are specifically designed for conditions that develop over time rather than from a single accident. The date of knowledge rule means the time limit starts from when you knew or should have known the condition was work-related.
What if I worked for several employers in a noisy or hazardous industry? Where multiple employers contributed to your condition, the liability may be shared between them or their insurers. Your solicitor will identify all potentially responsible parties.
Can I claim for an industrial disease if I am still working? Yes. The fact that you are still in employment does not prevent a claim. However, you should seek advice on the implications for your current employment position.
Do I need a formal medical diagnosis to start a claim? An independent medical assessment will be arranged as part of the claims process. You do not need a formal diagnosis before contacting a solicitor.
Can I claim for work-related stress or mental health conditions? Yes. Where a recognised psychiatric condition has been caused by workplace conditions (excessive workload, harassment, bullying), a personal injury claim is possible alongside or instead of an employment tribunal claim. See our psychological injury claims Scotland page for more detail.
Start your industrial disease claim today
Call 0800 123 4567 for a free, no-obligation assessment. We handle industrial disease and occupational illness claims across Scotland on a No Win No Fee basis.
