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Work Related Dermatitis
If you or a member of your family is suffering from occupational dermatitis, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
Occupational Dermatitis Explained
Dermatitis Contracted at Work
Causes of Occupational Dermatitis
Symptoms of Work Related Dermatitis
Protecting Yourself From Skin Disease
What to Expect From Your Employer
Treatment for Dermatitis
Making a Compensation Claim
Dermatitis Compensation
How Much Compensation am I Likely to Receive?
Specialist Legal Advice
Successful Work Related Dermatitis Compensation Claims
Occupational Dermatitis Explained
Dermatitis is the term used to describe all types of inflammatory skin condition. In cases where the cause of skin inflammation is work related, this would be referred to as occupational dermatitis. It can be acute (short term 'flare ups') or chronic (symptoms over a longer period) and may caused by an irritant substance that has come into contact with the skin and provokes an irritant reaction or by contact which causes an allergic reaction.
The most common form of work related dermatitis is eczematous dermatitis (also known as contact eczema), which causes redness of the skin, small blisters, dryness and itching. This can result in irritation, cracks and weeping.
Dermatitis Contracted at Work
Most instances of industrial dermatitis are contact based, where the skin has come into direct contact with an irritant. This is called irritant contact dermatitis and is most likely to affect the hands. People with asthma, hayfever or other types of eczema are more likely to develop contact dermatitis.
Some cases however, come about where a person’s immune system reacts to an irritant and becomes sensitive to it over a period of time. A sudden skin reaction can then occur, even if the person has been in contact with the substance many times before. Once an individual becomes sensitised to a substance it can be permanent.
People in certain occupations are more at risk of being exposed to irritants that may cause dermatitis, for example:
- Hairdressers
- Construction Workers
- Cleaners
- Factory Workers
- Healthcare Providers
Causes of Occupational Dermatitis
There are many known substances and environments that can irritate and inflame the skin, a number of which can cause dermatitis with prolonged or repeated contact. In some cases even minimal contact can cause dermatitis.
Employees in some industries, that are required to work with or use certain chemicals or substances, can develop work related dermatitis if not properly protected. It is an employer’s responsibility to take measures to ensure that this does not occur.
Examples of the kinds of substances that can cause dermatitis are: ingredients in cosmetics, toiletries, cleaning products or detergents, and chemicals found in lubricants, adhesives, solvents and resins. Latex, particularly from gloves worn whilst working, is also a common cause. Even regular contact with water (unprotected by suitable gloves) can have this effect.
Symptoms of Work Related Dermatitis
The most common sites of industrial dermatitis are the hands and forearms. They are more likely to be exposed and come into contact with materials that an employee is working with. Often, the face and neck are also uncovered whilst at work, so these areas are also commonly affected.
A sufferer will usually notice a rash of some kind on the affected areas, combined with a sensation of irritation.
Protecting Yourself From Skin Disease
In order to avoid developing work related dermatitis, there are some measures that should be taken:
- Any protective wear provided (i.e. gloves, sleeves, protective suits and masks) should be worn at all times and kept in good repair.
- Skin should be carefully washed after work using the mildest cleaner that is effective.
- Application of a gentle after work emollient cream can help to replace moisture loss and prevent irritation.
What to Expect From Your Employer
Employers have certain responsibilities under the Control of Substances Hazardous to Health (or COSHH) Regulations, which they must adhere to. They have to assess the risks presented by any chemicals or substances in their workplace, eliminate the hazard altogether if possible and if not, either:
- Provide a less hazardous alternative
or
- Supply employees with adequate personal protective equipment and ensure that it is correctly worn and used
When appropriate your employer should also make regular checks of employees' arms and hands to ensure that any problems can be recognised and treated at the earliest opportunity.
You must report immediately to you employer any skin condition which you think may be related to your work.
Treatment for Dermatitis
It is important to seek prompt medical advice if you believe that you may be suffering from occupational dermatitis. Do not attempt to diagnose or treat the problem yourself as this may lead to further irritation.
The most important aspect of treating occupational dermatitis is to remove any contact with the cause. Protective equipment should also be worn whilst working and your GP can advise of any necessary medication or topical treatments.
Making a Compensation Claim
In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
Dermatitis Compensation
There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after your condition developed that you used to be able to do before, eg, wash your car, look after your garden, walk the dog, etc. The award for loss of amenity can be for a short period after you develop dermatitis or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to your condition, so that these can be reclaimed. The aim is to put you back in a position financially as if the dermatitis had never developed.
How Much Compensation am I Likely to Receive?
The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a industrial disease claim. These include the severity of the condition, any loss of earnings and other losses related to the condition (for example medical expenses and care costs).
Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.
Specialist Legal Advice
If you or a member of your family is affected by occupational dermatitis, our specialist personal injury lawyers may be able to help.
At The Legal Line, our lawyers have handled many cases on behalf of victims of work related dermatitis, so can offer expert legal advice and assistance on a cost free basis.
Successful Work Related Dermatitis Compensation Claims
Read details of just a few of the many successful occupational dermatitis cases handled by our specialist personal injury lawyers:
- Our client, an engineer by trade, had been working for his current employer for about 10 years. Normally he is employed to program and operate machinery in the production of component parts.
In late 2005 he was asked to carry out additional duties following the removal of some of the large heavy machinery. This involved clearing up the debris left on the floor which included old turnings and swarf, plus oil and coolant which had to be scraped up. These oil and coolant residues had lain under the machines for some years and although he wore heavy material gloves, they were not elasticated at the wrist, so proved ineffective in protecting from splashes and fall-back as he was clearing up.
Following the removal of a number of machines, our client noticed a rash around the heel of both hands, appearing as red blobs on his skin. As the rash continued to spread over the next couple of days, the fingers on his left hand began to swell. Our client visited the occupational nurse at his place of work who advised him to consult his GP. The GP diagnosed industrial dermatitis.
After a couple of days the swelling became worse and eventually our client attended his local hospital where he was prescribed antibiotics to treat the occupational dermatitis. During this visit there was concern that he may have had to be admitted and given a course of intravenous antibiotics but fortunately this was not necessary. The swelling in his hands was later diagnosed as cellulitis, an inflammation caused by the infection to his hands.
The swelling to his hands was very painful and with the added concern regarding the unsightly appearance of the rash, our client suffered substantial discomfort and pain during the period of his infection. The tenderness of his hands also meant he was sensitive to touch and had to be helped by his wife to maintain daily tasks, such as dressing and shaving. He also now remains susceptible to further outbreaks of dermatitis should he come into contact with irritant substances. He has been warned to stay away from them in the future, clearly limiting his scope in the marketplace.
The defendants admitted liability for our client’s exposure to hazardous substances. They were at fault by not providing him with sufficiently effective personal protective equipment in the form of tightly fitting gloves which would have prevented the oil and coolant touching any part of his skin. Our personal injury solicitors who specialise in claims for work related skin conditions were able to secure over £4,000 for the client as dermatitis compensation, a proportion of which recognising the ongoing limitations of his future employment.
This case shows that it is not enough for defendants simply to provide equipment at work. They also have to give thought as to whether that safety equipment is appropriate and suitable for the work they are asking their employees to undertake, in order to offer proper protection.
- For more than 20 years, our client had worked as a process worker and then chargehand for a leading supplier of cellulose films, and many other products. His work involved handling many chemicals as part of his routine and in 2001 he became concerned about the condition of his hands, fearing it was a work related skin condition, perhaps dermatitis. So he went to see the occupational health nurse, and saw her several times over the next 3 years.
His symptoms included dry fingers which would split and crack. The cracks would then become sores. He was told to use barrier cream, which he did, but felt this did not help his condition at all. The nurse repeatedly told him that the symptoms were not related to work and eventually advised him to see his GP. His GP however diagnosed irritant dermatitis and advised that the cause of this work related dermatitis was either heavy metals or dyes.
One of the chemicals he worked with was dyes for cellulose films, but they also included caustic bleaches, acids and several other products such as softeners that contained formic acids. He was provided with heavy-duty rubber gloves, like gauntlets, which came up past the elbow. The manufacturing process included passing the product through caustic baths, which were very hot and made the hands sweat in the gloves. There were also parts of the process for which they were unable to wear the gloves due to their inflexibility and the products were still covered with the chemicals whilst they handled them with bare hands.
Additionally, the loading of the dye was a difficult operation as the bags were heavy. It was virtually impossible to complete the operation without the dye spilling out all over our client. The paper suit, mask and gloves provided gave little protection, and they were provided with bleach to clean the dye off.
When his hands continued to deteriorate as a result of this work related skin conditions, he returned to the occupational health nurse and was taken out of the department for a period to see if his hands would improve. During this time, there was improvement but the symptoms returned as soon as he went back to his old department.
Despite the initial reluctance to admit liability, after proceedings were issued, our specialist dermatitis lawyers were able to obtain £13,500 in compensation for this occupational dermatitis claim.
- In her role as a Quality Auditor for a home decorations company, our client had to handle rolls of wallpaper throughout various stages of the production process. Some were pre-pasted and in the course of her work she would have to handle them at times when they were both wet and dry. She was also involved with rectifying problems with some production machines and would often have to put her hands into the machines to remove blockages, coming into contact with various substances. Despite this, gloves were not mandatory and she was not advised to wear any by her employer.
Our client developed dermatitis as a result of exposure to a chemical fungicide used in the paste on the pre-pasted paper. Initially the dermatitis appeared on both thumbs then spread to her fingers and palms. She now suffers constant pain as a result and often requires help with simple tasks such as fastening her clothes. Our client can no longer cook or work and has trouble with driving, handling objects and household chores. Personal care and leisure activities are also difficult.As specialists in occupational dermatitis claims, our lawyers were able to successfully claim compensation on her behalf, recovering £74,323.40 in damages.
Useful Contacts
If you are suffering from work related dermatitis, you may find the websites of the following organisations useful:
NHS Direct - For information on the symptoms and treatment of dermatitis.
Health and Safety Executive - Provides details about occupational skin disease.
British Association of Dermatologists - Information, advice and guides.
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