Industrial disease claims cover illnesses caused by exposure or conditions at work — such as occupational asthma, hand-arm vibration syndrome (HAVS), dermatitis, repetitive strain injuries and noise-induced hearing loss. Because these develop over years, the three-year limit usually runs from your date of knowledge, not the exposure. Tracing former employers and their insurers is often part of the process. Specialist advice helps.
Not every work injury happens in a moment. Some develop quietly over years — a cough that turns out to be occupational asthma, numb fingers from a lifetime of vibrating tools, dermatitis from daily contact with chemicals. These industrial diseases raise different legal questions from a one-off accident, especially around time limits and tracing long-gone employers. This guide explains how they work in England & Wales. We are an independent information service, not a law firm, and this is not legal advice.
What industrial diseases are
An industrial or occupational disease is an illness caused or made worse by exposure or conditions at work, rather than by a single accident. The legal basis is the same as other work claims — your employer's duty under the Health and Safety at Work etc. Act 1974 and supporting regulations to control exposure and provide a safe system of work — but the illness emerges gradually, which changes how a claim is run.
Common occupational diseases
- Occupational asthma and lung disease — from dusts, fumes, isocyanates and other respiratory hazards.
- Hand-arm vibration syndrome (HAVS) and vibration white finger — from prolonged use of vibrating tools.
- Occupational dermatitis — skin disease from contact with chemicals, oils or irritants.
- Repetitive strain injuries (RSI) — from repetitive or forceful tasks.
- Noise-induced hearing loss and tinnitus — covered in our hearing loss guide.
Asbestos-related diseases, including mesothelioma, are a serious and distinct category with their own rules — see our asbestos & mesothelioma guide.
Date of knowledge and time limits
Time limits are where industrial disease claims differ most from accident claims.
⏳ The clock usually starts at "knowledge"
Under the Limitation Act 1980 the three-year limit for a disease generally runs not from the exposure but from your date of knowledge — broadly, when you first knew, or reasonably should have known, that you had a significant illness linked to your work. The court also has a discretion under section 33 to allow late claims. Because pinning down that date can be difficult, take advice if you are unsure. See our time limits guide.
Tracing former employers and insurers
Because exposure may have happened decades ago, a practical hurdle is finding the right defendant. The good news is that industrial disease claims are usually met by the employer's liability insurer at the time of exposure — so a claim can often proceed even if the company has since closed. The Employers' Liability Tracing Office (ELTO) maintains a database to help locate the relevant insurer. Tracing old employers, group structures and insurers is a routine part of these claims, and a specialist solicitor will know how to go about it.
Evidence you need
- Work history — employers, dates, job roles and the exposure or conditions involved.
- Medical evidence — records and a specialist report linking the illness to your work (causation).
- Witnesses — former colleagues who can describe the working conditions.
- Financial losses — lost earnings, treatment and care.
See our evidence guide for more.
Industrial disease claims are won on two things: proving that work caused the illness, and getting the timing right. Both reward early, specialist advice — particularly where the exposure was long ago.
Frequently asked questions
What counts as an industrial disease?
An industrial or occupational disease is an illness caused or made worse by work, rather than a one-off accident. Common examples include occupational asthma from dusts and fumes, hand-arm vibration syndrome from vibrating tools, occupational dermatitis from chemicals, repetitive strain injuries, and noise-induced hearing loss. Asbestos-related diseases such as mesothelioma are a distinct and serious category covered in our dedicated guide.
How does the time limit work for a disease that took years to develop?
The usual three-year limit under the Limitation Act 1980 generally runs not from the exposure but from your 'date of knowledge' — broadly, when you first knew (or reasonably should have known) that you had a significant illness and that it was linked to your work. Because that date can be hard to pin down, and because the court has a discretion to allow late claims, advice from a specialist is valuable if you are worried about the limit.
Can I claim if the employer no longer exists?
Often, yes. Industrial disease claims are usually met by the employer's insurer at the time of the exposure, not the business itself, so a claim can succeed even if the company has closed. The Employers' Liability Tracing Office (ELTO) helps locate the relevant employers' liability insurer. Tracing old employers and insurers is a routine, if sometimes painstaking, part of these claims.
What evidence do I need for an industrial disease claim?
Evidence of your work history and the conditions you were exposed to, medical records and a specialist medical report linking your illness to that exposure, and details of the employers involved. Witness evidence from former colleagues about working conditions can also help. Because causation — proving work caused the illness — is central, the medical and occupational evidence is the heart of the claim.
Is an industrial disease claim the same as an accident at work claim?
They overlap but differ. An accident at work claim concerns a specific incident, while an industrial disease claim concerns an illness that develops over time through exposure or working conditions. Both rely on the employer breaching its health and safety duties, and both are usually paid by the employer's liability insurer. The main practical differences are around causation and the date-of-knowledge time limit.
Get help from official, free sources
- Health and Safety Executive (HSE) — duties on exposure, and occupational health guidance
- Employers' Liability Tracing Office (ELTO) — trace a former employer's liability insurer
- The Law Society — Find a Solicitor — find a solicitor experienced in industrial disease
- Citizens Advice — free, impartial guidance and benefits help
- Solicitors Regulation Authority (SRA) — check a solicitor or firm is regulated
Related guides: asbestos & mesothelioma claims, hearing loss claims, accident at work claims and time limits to claim.