If you have developed cancer caused by workplace exposure to carcinogenic substances in the UK, you may be able to claim compensation from your employer (or former employer). Occupational cancers include those caused by asbestos, silica, wood dust, benzene, diesel fumes, certain chemicals and radiation. Employers have strict duties under COSHH Regulations 2002 and other health and safety legislation to prevent or minimise exposure. You normally have three years from diagnosis or date of knowledge to claim.
Occupational cancer is cancer caused or materially contributed to by exposure to carcinogenic substances or conditions at work. It accounts for a significant proportion of UK cancer cases in certain industries. Unlike an immediate workplace accident, the effects of carcinogen exposure may not manifest for decades — making these claims legally complex but no less valid. This guide explains how occupational cancer claims work. We are an independent information service, not a law firm. This page covers cancers beyond asbestos and mesothelioma, which has its own dedicated guide.
Workplace carcinogens
| Substance/agent | Industries at risk | Cancer type |
|---|---|---|
| Asbestos | Construction, shipbuilding, insulation | Mesothelioma, lung cancer |
| Silica dust | Mining, quarrying, construction, foundries | Lung cancer |
| Wood dust | Carpentry, joinery, furniture making | Nasal adenocarcinoma |
| Benzene | Petrochemical, rubber manufacturing | Leukaemia |
| Diesel exhaust | Transport, mining, construction | Lung cancer |
| Aromatic amines | Dye, rubber and chemical industries | Bladder cancer |
| Ionising radiation | Nuclear, medical, industrial radiography | Various cancers |
Employer duties
Employers have extensive duties to protect workers from carcinogen exposure:
- COSHH Regulations 2002 — assess risks, prevent or adequately control exposure, provide PPE, monitor exposure, carry out health surveillance.
- Control of Asbestos Regulations 2012 — specific duties for asbestos-related work.
- Ionising Radiations Regulations 2017 — dose limits, monitoring, restricted areas.
- Health and Safety at Work etc. Act 1974 — overarching duty to ensure health and safety so far as reasonably practicable.
Proving causation
Causation is the central challenge. You need medical expert evidence linking the type and duration of workplace exposure to your specific cancer. The material contribution test (from Bonnington Castings v Wardlaw [1956]) applies: you must show that workplace exposure made a material contribution to the development of your cancer, even if other factors (such as smoking) also played a role. IARC classifications and epidemiological studies support these claims.
Industrial Injuries Disablement Benefit
Several occupational cancers are prescribed diseases under the IIDB scheme, meaning you may be entitled to state benefits in addition to civil compensation. Prescribed diseases include mesothelioma (D3), lung cancer with asbestos (D8), nasal cancer with wood dust (D6), bladder cancer with certain chemicals (C23) and others. Receiving IIDB does not prevent a civil claim. See compensation recovery and benefits.
Compensation
General damages are assessed under the JCG 17th edition (2024). For terminal cancers, awards reflect the pain, suffering and loss of amenity during the illness. Special damages include lost earnings, treatment costs, care and other losses. Claims brought by dependants after death include bereavement and dependency under the Fatal Accidents Act 1976. Where the employer has ceased to exist, the claim is brought against their insurer via ELTO.
Time limits
Three years from diagnosis or the date of knowledge (Limitation Act 1980). Long latency periods mean the date of knowledge is often decades after exposure. The court has wide discretion under s.33 to allow late claims in occupational disease cases.
The latency period for occupational cancers is a critical factor. Many carcinogens take decades to produce cancer: mesothelioma from asbestos exposure typically develops 20 to 50 years after first exposure; bladder cancer from aromatic amines may appear 15 to 40 years later. This long gap between exposure and disease creates practical challenges: the employer may have changed hands, been dissolved, or the workplace conditions may be difficult to reconstruct. However, the Employers Liability Tracing Office (ELTO) database can often identify the insurer on risk at the time of exposure, and former colleagues, employment records and HSE inspection reports can help establish the conditions of work.
An important legal principle is that the employer is judged by the standards of the time. However, for many carcinogens, the risks have been known for decades. Asbestos hazards were widely understood by the 1960s. The carcinogenicity of wood dust was recognised by the early 1980s. Where the employer knew or should have known of the risk and failed to take reasonable precautions, a claim can succeed even for very historical exposure.
Getting help
We are not a law firm. For a solicitor experienced in industrial disease claims, use the Law Society “Find a Solicitor” service. Macmillan Cancer Support and Cancer Research UK can also provide support. Most claims run on a no-win-no-fee basis.
Frequently asked questions
What is an occupational cancer claim?
It is a personal injury claim arising when cancer is caused or materially contributed to by exposure to carcinogenic substances or conditions in the workplace. The claim is against the employer who failed to protect you from the exposure.
What workplace substances cause cancer?
Known occupational carcinogens include asbestos (mesothelioma, lung cancer), silica dust (lung cancer), wood dust (nasal adenocarcinoma), benzene (leukaemia), diesel exhaust fumes (lung cancer), certain dyes and chemicals (bladder cancer), ionising radiation, and ultraviolet radiation. HSE and IARC maintain lists of classified carcinogens.
How do I prove my cancer was caused by work?
Proving causation is the main challenge. You need to show exposure to a known carcinogen at work and that this exposure caused or materially contributed to your cancer. Medical expert evidence links the type and duration of exposure to the specific cancer. Epidemiological studies and IIDB prescribed disease schedules can support causation.
What are the employer duties?
Under the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and the Control of Asbestos Regulations 2012 (CAR), employers must assess risks from hazardous substances, prevent or control exposure, provide protective equipment, monitor exposure levels, carry out health surveillance and keep records.
What is IIDB?
Industrial Injuries Disablement Benefit is a state benefit for people disabled by a prescribed industrial disease or workplace injury. Several occupational cancers are prescribed diseases under the IIDB scheme. Receiving IIDB does not prevent you from also bringing a civil compensation claim.
How long do I have to claim?
Three years from the date of diagnosis or the date you first knew the cancer was linked to workplace exposure. Because occupational cancers often have long latency periods, the date of knowledge is frequently years or decades after the exposure. The court has discretion under s.33 to extend time.
Can I claim if my employer no longer exists?
Often, yes. Employers are required to have employers liability insurance under the Employers Liability (Compulsory Insurance) Act 1969. If the company has been dissolved, the insurer can often be traced through the Employers Liability Tracing Office (ELTO). The Third Parties (Rights against Insurers) Act 2010 allows direct claims against insurers.
Can my family claim if I have died?
Yes. The estate can bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934, and qualifying dependants can claim under the Fatal Accidents Act 1976 for bereavement and dependency losses.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
- GOV.UK — courts, time limits and legal aid information
Related guides: asbestos and mesothelioma claims, industrial disease claims, chemical exposure claims, silicosis claims, work accident claims.