Dermatitis Claims

Dermatitis is a skin condition that causes swelling, irritation, and itchiness. Many employees are at risk for dermatitis from contact with various allergens and irritants. If employers fail to take reasonable measures to protect employees at work, it can result in a successful dermatitis claim for compensation.

If you have developed dermatitis at work, we understand how frustrating and distressing this may be. The personal injury solicitors we work with are here to help you start a claim and secure compensation for your pain and suffering.

To find out if you can make an occupational dermatitis claim, call 0800 470 0472 today for a free case assessment from a friendly solicitor. You can also use our contact form to request a call back.

Key points about dermatitis claims

• Eligibility: You may be able to claim if you developed dermatitis at work due to exposure to harmful substances.
• Workplace Exposure Risks: Employers must reduce contact with irritants by providing PPE, training, and safe procedures.
• Time Limit: You generally have 3 years to start a claim from when you were diagnosed with dermatitis linked to your job.
• Compensation: Will depend on the severity of the skin condition and can include pain, lost income, and medical treatment costs.
• No Win, No Fee: Your solicitor will handle your case on a no win, no fee basis — meaning you only pay if your claim is successful.

Table of Contents

• Am I eligible to make a dermatitis compensation claim?
• How do I make a claim for occupational dermatitis?
• What occupations are most at risk for dermatitis?
• What measures should have been in place to protect me?
• What types of occupational dermatitis are there?
• How is dermatitis diagnosed and treated?
• Could I lose my job if I make a dermatitis compensation claim against my employer?
• Can I make a dermatitis claim if I am not a full-time employee?
• How much compensation can I claim for occupational dermatitis?
• Time limits to start an occupational dermatitis claim
• Can I claim compensation for dermatitis with a No Win No Fee service?

Am I eligible to make a dermatitis compensation claim?

If you developed occupational dermatitis, you may be eligible to make a claim for compensation. While it is difficult to know by yourself whether you have a valid claim, a friendly legal adviser can let you know within minutes.

They will offer you a free case assessment to determine whether:

• Your employer owed you a legal duty of care.
• They breached this duty and caused you to be exposed to harmful substances at work.
• You developed dermatitis as a direct result of exposure.
• Your condition was diagnosed within the past three years.

If all these apply to you, you will be paired with an experienced personal injury lawyer who will help you get started with the claims process.

It is essential to keep in mind that you can still make an industrial disease claim for dermatitis even if you were partially responsible for developing the condition. However, your compensation would be reduced by a percentage that reflects your contributory negligence.

Examples of contributory negligence include:

• Failure to use the provided personal protective equipment (PPE) properly
• Ignoring training or safety instructions
• Failure to report symptoms to your employer or seek immediate medical care
• Failure to follow the established hygiene practices
• Exacerbating the condition outside of the workplace

How do I make a claim for occupational dermatitis?

If you develop signs of dermatitis at work, it is crucial to report your symptoms to your manager or employer and seek medical care as soon as possible.

If you decide to make a personal injury claim, you should consult an experienced solicitor for legal advice at the earliest opportunity. They can let you know whether your case has merit and guide you through the claims process.

To begin with, they will ensure you have all the evidence you need to support your claim, which could include:

• Detailed medical records of your symptoms, diagnosis and treatments;
• Reports from specialists linking your condition to workplace exposure;
• Statements from co-workers who can corroborate your exposure to irritants or allergens;
• Workplace records of risk assessments and what safety measures are in place to prevent exposure to harmful substances;
• Photographs or videos of the workplace and your affected skin;
• Your personal account about how you were exposed at work, the suffering dermatitis has caused you and how it has affected your daily life;
• Financial records of losses and expenses incurred due to your condition.

After these are gathered, your solicitor will calculate how much your claim is worth. They will then send a letter of claim to your employer (or their insurer) outlining the details of your condition and the compensation being sought.

Based on the defendant’s response, you will either negotiate a settlement with them or your solicitor will initiate court proceedings. Your case is unlikely to go to trial, as more than 96% of all claims are settled through negotiations.

What occupations are most at risk for dermatitis?

Occupational dermatitis, a type of eczema also known as industrial dermatitis, is a skin disease that affects around 84,000 people across all industries and one in ten people who work in the food industry.

Various substances can cause dermatitis if they come into contact with the skin, including:

• Water, soaps and detergents
• Flour, sugar, fruits and other foodstuffs
• Dust, fibres and cement
• Plants
• Metals, latex, rubber and preservatives
• Solvents and abrasives

Employers have a duty to take reasonable measures to keep employees safe from contact and exposure to such substances, especially for workers in high-risk occupations such as:

• Healthcare workers who are constantly exposed to disinfectants, latex gloves, and various chemicals;
• Those employed in beauty salons, exposed to hair dyes, bleaches, shampoos and other chemical products;
• Cleaners who are often exposed to detergents, cleaning agents, and other irritant chemicals;
• Construction workers who frequently use cement, lime, solvents, paints, and other irritants;
• Food handlers and caterers who work with various food allergens and must wash their hands often;
• Agricultural workers who frequently handle pesticides, fertilisers, and plants.

What measures should have been in place to protect me?

Your employer has a legal responsibility to protect your health and wellbeing. This is mainly governed by the Health and Safety at Work Act 1974, which states that they must take all reasonable measures to keep you safe from accidents and injuries.

When it comes to harmful substances in the workplace, they also have a duty to minimise exposure under the Control of Substances Hazardous to Health Regulations 2002 (COSHH).

Based on these pieces of legislation, an employer’s specific responsibilities include:

• Carry out risk assessments to identify potential hazards
• Offer a safe work environment by ensuring adequate ventilation
• Consider using alternative, less toxic substances when possible
• Provide adequate training and information on how to handle materials safely
• Ensure all allergens and irritants are safely stored and disposed of
• Provide suitable PPE, such as gloves, overalls, barrier creams and face masks
• Make sure workers have adequate wash facilities and sufficient breaks
• Provide regular skin checks and monitor employees at high risk for early signs of dermatitis

If your employer has failed to implement these measures and you suffered harm, you may be entitled to make an industrial dermatitis claim.

What types of occupational dermatitis are there?

The most common types of occupational dermatitis include:

• Irritant contact dermatitis – this is the most common type, and it is caused by direct damage to the skin’s outer layer from irritants such as chemicals and even frequent contact with water.
• Allergic contact dermatitis – this develops when the skin touches a substance that it is sensitive to, called an allergen. Examples include metals, fragrances, plants and latex.
• Photodermatitis – this is an abnormal skin response to UV light, which can affect welders or those working with UV lamps.

The symptoms of occupational dermatitis can significantly affect your well-being and quality of life. They can vary depending on the type and severity of your condition, but generally include:

• Itchiness that can be painful
• Redness and inflammation
• Dry, flaky or cracked skin
• Crusts or small, fluid-filled blisters
• A burning or stinging sensation
• A rash or skin discolouration

If you develop any of these symptoms, you should see a doctor promptly for diagnosis and treatment. For further information on dermatitis, you can visit the NHS website.

How is dermatitis diagnosed and treated?

To diagnose your condition, your doctor will examine your skin and ask you questions about your symptoms and potential triggers. If they suspect allergic contact dermatitis, they may also suggest a patch test.

Other tests, such as blood tests or a skin biopsy, may be required to rule out other skin conditions or confirm a diagnosis. Once your condition is confirmed, possible treatments include:

• Using a topical corticosteroid gel, cream or ointment
• Regular moisturising of the skin to prevent dryness
• Oral antihistamines to help relieve itching
• Light therapy can reduce inflammation by exposing the skin to controlled amounts of UV
• Oral or injectable corticosteroids for more severe cases
• Lifestyle changes, such as avoiding known irritants, managing stress and using gentle soaps

Could I lose my job if I make a dermatitis compensation claim against my employer?

Your employer cannot legally sack you solely on the basis of making a lawful compensation claim. The Employment Rights Act 1996 provides protection against unfair dismissal or any detrimental treatment for making a claim.

If you are unfairly dismissed or demoted, a lawyer specialising in employment law can help you make a further claim at an employment tribunal. The tribunal may order your employer to reinstate you, compensate you, or take any other remedial measures it sees fit.

Furthermore, your employer must hold liability insurance to cover any potential personal injuries to employees. If you make a successful claim for dermatitis, their insurance company will pay your compensation.

While the insurance premium may increase after a claim, your employer will not be otherwise left out of pocket. This means they have no reason to retaliate against you for making your claim.

Can I make a dermatitis claim if I am not a full-time employee?

Your eligibility to make a claim is not limited by your employment status. Your employer still owes you a legal duty of care under the Health and Safety at Work Act, whether you are a temp, contractor, on a zero-hours contract, an agency worker or self-employed.

While you may not benefit from all the employment rights of a full-time employee, such as Statutory Sick Pay (SSP) or protection from unfair dismissal, your right to make a claim for compensation is not affected.

If you developed dermatitis as a result of your employer’s negligence, a solicitor could help you claim for all the pain, suffering and financial losses you incurred.

How much compensation can I claim for occupational dermatitis?

The amount of compensation for occupational dermatitis will depend on the severity of the condition and its impact on your daily life. Every case is unique, so your solicitor will carefully consider all your losses to ensure you are fully compensated.

Your claim will generally consist of two types of damages:

General damages cover the subjective impact of dermatitis, and they do not have a precise financial value attached to them. Examples of general damages include:

• Physical pain and discomfort
• Emotional suffering caused by the condition
• The impact on your ability to participate in hobbies and activities (loss of amenities)
• Scarring and disfigurement
• Impact on social life and relationships

Special damages cover the financial losses and expenses incurred as a direct result of dermatitis, such as:

• Loss of earnings and earning capacity
• Prescriptions, private medical treatments and specialist consultations
• Travel expenses for attending medical appointments and treatments
• Costs of care and assistance with daily tasks

According to our personal injury compensation calculator, which is based on current guideline figures from the Judicial College (18th Edition), and your specific circumstances, you could receive:

Time limits to start an occupational dermatitis claim

The time limit to make an occupational dermatitis compensation claim is typically three years, starting from the date the condition was diagnosed. While this may seem like a long time, it is advisable not to postpone starting your claim.

Your solicitor will need time to build a strong case, and if you miss the limitation period, your claim will no longer be valid. The sooner you start the process, the easier it will be to collect evidence and remember crucial details about your circumstances.

It is worth mentioning that, for someone who was under 18 when they developed dermatitis, the three years usually begin to run from their 18th birthday, meaning they generally have until their 21st birthday to start a claim.

Also, the limitation date is paused if the claimant cannot handle a case under the Mental Capacity Act 2005. In this case, a litigation friend could make a claim on their behalf.

Can I claim compensation for dermatitis with a No Win No Fee service?

If you have grounds to start a compensation claim, you will be offered a 100% no win no fee service. This is a common arrangement in personal injury cases because:

• It is accessible – you do not have to pay your solicitor any upfront fees;
• It provides peace of mind – if your solicitor takes on the risk of offering you a no win no fee agreement, you can be sure your case has merit, and they will work hard to win it;
• You only pay if you win – if you win compensation, your solicitor will take a percentage of your general damages and past financial losses as their success fee (capped at 25%);
• There are no risks – you will not lose a single penny if your claim is unsuccessful.

To find out if you can make a dermatitis compensation claim on a no win no fee basis, call 0800 470 0472 for a free case assessment or request a call back.