Industrial Disease — No Win No Fee
Industrial disease claims cover illnesses caused by workplace exposure to hazardous substances or conditions. Common claims include mesothelioma, noise-induced hearing loss, and vibration white finger. These cases are handled on a no win no fee basis.
What Are the Most Common Industrial Diseases?
Direct Answer: The most common industrial disease claims are mesothelioma (asbestos cancer), noise-induced hearing loss (NIHL), hand-arm vibration syndrome (HAVS), asbestosis, and occupational asthma. Date of knowledge rules apply for limitation periods. Claims can be brought on a no win no fee CFA.
- Mesothelioma — an aggressive cancer of the lung lining caused by asbestos exposure, typically with a 20–50 year latency period
- Asbestosis — scarring of lung tissue caused by asbestos fibres
- Noise-induced hearing loss (NIHL) — permanent hearing damage from excessive workplace noise
- Hand-arm vibration syndrome (HAVS) — nerve and blood vessel damage from vibrating tools
- Occupational asthma — asthma triggered by workplace substances (flour, chemicals, wood dust)
- Occupational dermatitis — skin conditions caused by workplace irritants or allergens
- Pneumoconiosis/coal workers' pneumoconiosis — lung disease from inhaling mineral dusts
How Do Mesothelioma Claims Work?
Mesothelioma claims have special provisions in English law. The Compensation Act 2006 (s.3) addresses the causation difficulties that arise when the claimant was exposed to asbestos by multiple employers, following the House of Lords decision in Fairchild v Glenhaven Funeral Services [2002]. Each employer who materially increased the risk of developing mesothelioma can be held jointly and severally liable.
How Are Historic Employers and Insurers Traced?
Many industrial disease claims relate to exposure that occurred decades ago with employers that may no longer exist. The Employers' Liability Tracing Office (ELTO) maintains a database of EL insurance policies to help claimants identify the relevant insurer. For mesothelioma cases where no insurer can be traced, the Diffuse Mesothelioma Payment Scheme 2014 (under the Mesothelioma Act 2014) provides lump-sum payments funded by a levy on insurers.
Key Regulations
- Control of Asbestos Regulations 2012
- Control of Noise at Work Regulations 2005
- Control of Vibration at Work Regulations 2005
- Control of Substances Hazardous to Health Regulations 2002 (COSHH)
Frequently Asked Questions
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.