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Occupational
Dermatitis Compensation

Occupational
Dermatitis Compensation

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What is occupational Dermatitis?

Industrial dermatitis (sometimes called eczema) is one of the major, and most common, occupational skin diseases in the UK. It is caused by a person coming into contact with a hazardous agent or a toxic substance at work. At best, exposed and unprotected skin can be rough and painful. At its worst, cracked and bleeding skin will make it impossible to continue in employment.

Types of Dermatitis

There are 2 types of Dermatitis that can develop due to a work related incident. These are:

Irritant contact dermatitis

Irritant contact dermatitis (ICD) can be divided into forms caused by chemical irritants, and those caused by physical irritants. Common chemical irritants implicated include:

  • solvents (alcohol, xylene, turpentine, esters, acetone, ketones, and others)
  • metalworking fluids (neat oils, water-based metalworking fluids with surfactants)
  • latex
  • kerosene
  • ethylene oxide
  • surfactants in topical medications and cosmetics (sodium lauryl sulphate)
  • alkalis (drain cleaners, strong soap with lye residues)

Physical irritant contact dermatitis may most commonly be caused by low humidity from air conditioning. Also, many plants directly irritate the skin.

Allergic contact dermatitis

Although less common than ICD, allergic contact dermatitis (ACD) is accepted to be the most prevalent form of immunotoxicity found in humans. By its allergic nature, this form of contact dermatitis is a hypersensitive reaction that is atypical within the population. The mechanisms by which this reaction occurs are complex, with many levels of fine control. Their immunology centres on the interaction of immunoregulatory cytokines and discrete subpopulations of T lymphocytes.

Allergens include:

  • nickel
  • gold
  • Balsam of Peru (Myroxylon pereirae)
  • chromium,
  • Poison ivy, poison oak, and poison sumac.

What are the symptoms?

Contact dermatitis is a localized rash or irritation of the skin caused by contact with a foreign substance. Only the superficial regions of the skin are affected in contact dermatitis. Inflammation of the affected tissue is present in the epidermis (the outermost layer of skin) and the outer dermis (the layer beneath the epidermis). Contact dermatitis results in large, burning, and itchy rashes. These can take anywhere from several days to weeks to heal.

Unlike contact urticaria (hives), in which a rash appears within minutes of exposure and then fades away within minutes to hours, contact dermatitis takes days to fade away. Even then, contact dermatitis fades only if the skin no longer comes in contact with the allergen or irritant. Chronic contact dermatitis can develop when the removal of the offending agent no longer provides expected relief.

What to do now?

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    What is occupational Dermatitis?

    What are the causes?

    Common causes of allergic contact dermatitis include:

    • Nickel
    • gold
    • Balsam of Peru (Myroxylon pereirae)
    • Chromium

    Commoncauses of irritant contact dermatitis include:

    • solvents
    • metalworking fluids
    • latex
    • kerosene
    • ethylene oxide
    • surfactants in topical medications and cosmetics
    • alkalis
    • Low humidity from air conditioning, and many plants.
    • Flour
    • Cement
    • Bleaches
    • Glues
    • Paints

    Other common causes of irritant contact dermatitis are harsh

    • alkaline soaps
    • detergents
    • cleaning products

    Industries that can cause dermatitis

    • Engineering
    • Painting
    • Printing
    • Hairdressing
    • Catering & food preparation
    • Nursing
    • Fishing
    • Agriculture
    • Construction

      • If you work within any of these industries it is important that you ensure that your employer is protecting you against the risk of dermatitis.


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      Frequently Asked Questions (FAQs)

      What is an industrial disease or injury?
      Industrial diseases and injuries result from exposure to occupational hazards in the workplace over a period of time.

      These hazards vary according to the type of work being carried out, but they could involve harmful substances, such as chemicals, dust or fumes; or harmful activities such as using vibrating tools or machinery; or harmful environments, such as one that is very loud.

      Examples of industrial diseases and injuries include the following:

      • Asbestos-related diseases such as mesothelioma or asbestosis
      • Occupational Asthma
      • Pneumoconiosis
      • Silicosis
      • Chronic obstructive pulmonary disease (COPD)
      • Dermatitis
      • Hand Arm Vibration Syndrome
      • Vibration White Finger
      • Carpal Tunnel Syndrome
      • Dupuytren's Contracture
      • Work-related Tendonitis
      • Epicondylitis (Golfer's and Tennis Elbow)
      • Carpet Fitter's or Housemaid's Knee
      Who will pay the compensation?

      It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.

      Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.

      My employer has gone out of business, can I still claim?
      Yes, this is because the claim is made against the employer's insurers rather than the employer itself.
      Will my case go to court?
      Although it is possible that your case will go to the court, only a fraction of cases ever reach this stage. Instead, it is likely that it will be in the interests of all parties concerned to settle without courtroom litigation – in fact, the courts encourage such an approach.
      How much will it cost to fund my claim?
      There are various funding options available to LPS' clients. However, it is worth bearing in mind that we offer No Win No Fee funding. This means that you make no outlays whatsoever unless you win your case – without exceptions. If your claim is successful then a portion of your compensation is set aside to cover court costs and related fees. We will always discuss this with you at the outset of your claim, so that there are no unwelcome surprises should you receive a damages award.
      What are the time limits for industrial disease claims?
      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

      Can I still claim state benefits?
      In many cases you can still claim state benefits even while being the recipient of industrial disease compensation. For example, those with asbestos illnesses still receive payments under the Pneumoconiosis Workers Compensation Scheme. Furthermore, a good personal injury lawyer can help you establish a personal injury trust so that you can manage your finances in the way that is most advantageous to you.
      If a family member has died as a result of an industrial disease, can we make a claim?

      It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.

      However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.

      What are the time limits for industrial disease claims?

      You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).

      Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.

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