Dermatitis is a highly uncomfortable skin condition which can make it difficult to work. If you are unable to work because of the condition, you may be entitled to claim compensation due to the loss of earnings or added difficulty faced in your day-to-day life. In order to claim compensation for dermatitis caused at work, there are two things which you must be able to prove:
• Was your dermatitis definitely caused at work?
• Did your employer negligently fail to take all steps necessary (within reason) to protect you health and safety whilst at work?
Proving that your dermatitis was caused at work
There are three questions you should ask yourself in order to establish whether or not your dermatitis was caused at work:
• When you are away from work does your dermatitis improve?
• When you avoid contact with the irritants or allergens you face at work by using protective equipment or substances in the workplace, does your dermatitis improve?
• Are there clear signs of an allergy to any of the products/chemicals you come into contact with at work?
Proving that your employer has failed in their duty of care
If, in answering the above questions, it becomes clear that your dermatitis is caused by your working environment you must then establish that your employer has not taken the necessary steps to protect you from the irritants or allergens causing the dermatitis.
Your employer has a legal duty of care to minimise the risks faced in the workplace and failure to do this with regards to dermatitis might include:
• Failure to suitably train and advise you on how to avoid the known risk of dermatitis
• Failure to prevent your hands making contact with irritants or allergens
• Failure to provide equipment to prevent dermatitis such as gloves or protective creams
• Failure to use alternative substances in place of irritants or allergens
• Failure to establish processes that avoid unnecessary contact with irritants or allergens
• Failure to advise employees on how to spot signs of dermatitis
• Failure to make clear the importance of drying hands after washing
Thinking of making an Industrial Dermatitis Compensation Claim?
For help advice about claiming compensation against an employer,
- FREEPHONE FREEPHONE 0800 1404544
- simply call our specialist Solicitors on FREEPHONE 0800 1404544, or
- fill out our free online enquiry form.