Agency and self-employed workers FAQ: Am I eligible to claim for my industrial disease?

We get many questions relating to illnesses caused by working environment, and oftentimes they come from agency workers and those who are self-employed.

In response to this, we have put together this brief and concise guide to (hopefully!) help answer such commonly-asked questions regarding agency and self-employed workers.

I am an agency worker who has developed an industrial disease. Am I eligible to claim?

Agency workers are eligible to claim for an industrial disease, as the agency sourced the work and the business was in charge of the employment.

It is highly recommended that you bring such a case to the attention of a Solicitor, as it would be their job to determine whether liability was with the agency or the employer, depending on your individual circumstances

I am a self-employed worker who has developed an industrial disease. Am I eligible to claim?

If you have been self-employed your entire working life and working in your own premises, providing your own tools and safety equipment and working on your own site, you are unfortunately not eligible to claim. Being solely self-employed in this manner, the responsibility for health and safety falls upon you for being the one in charge.

If you are self-employed but have been doing work for another organisation which provided tools, safety equipment, a company vehicle or uniform, and they required notification of holidays, it may be possible for a Solicitor to establish an employee/employer relationship and find eligibility to make a claim.

If you have worked a split career where you have worked as an employee at some point before or after your self-employed career, it may be that your condition came about during your period of employment where the responsibility for your health condition fell upon your employer. Again, it would be best to consult a Solicitor regarding this, to work out where liability would have fallen.

What information would help my case?

Upon accepting your case, a Solicitor would be in charge of obtaining your medical records and other official information relating to your condition.

This can take time, so it can help immensely if you have as much information about your relevant employment history, including company or agency names, the time period(s) you worked for or with them, bank statements of payments received, invoices or visual evidence such as photographs.

Why should I choose Oakwood Solicitors Ltd?

Oakwood Solicitors Ltd agrees to work on your Industrial Disease claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay us a penny.

If you are successful in your claim, we take a percentage of the compensation meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign a female advisor to carry out your claim.

Your case-handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.

Other reading

Repetitive strain injury claims – Oakwood Solicitors

Health and Safety Executive (HSE)

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