Recovering Your Industrial Disease Costs

Highly effective costs team with vast experience in personal injury costs claims. We have had great success in handling and negotiating costs in industrial disease claims for unsafe working conditions, including claims for NIHL, HAVS, RSI, VWF, dermatitis and high-value mesothelioma claims.

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Industrial Disease Costs

A claim for compensation can be brought against an employer if they have not followed the correct Health and Safety Procedures, leading to an employee sustaining an injury as a result. Common types of industrial disease claims include Noise Induced Hearing Loss, repetitive strain injuries and injuries such as dermatitis caused by a dangerous substance.

Winning industrial disease claims also result in a claim for legal costs.

Dealing with costs in claims for industrial disease compensation can be particularly challenging due to their often multi-Defendant nature. Many of these claims can involve complex medical evidence, multiple experts, causation challenges, as well as multiple paying parties and their insurers. This inevitably makes dealing with the costs of these claims notably difficult.

Industrial disease costs can be subject to fixed recoverable costs if they are low value and settle on the Portal, otherwise they will fall into the open costs regime. When industrial disease cases exit the MOJ Portal, they inevitably become complicated matters given the aforementioned factors, and costs can subsequently build as a result.

Why Choose ARC Costs?

ARC Costs have developed a specialist in-house team to help maximise your industrial disease costs recovery.

Industrial disease costs claims are often for a considerable amount given the extensive investigative and evidential requirements, and due to this they are regularly challenged by paying parties, particularly on a proportionality basis. ARC Costs specialise in recovering at least 50% of your costs incurred as an interim payment in the early stages of a dispute, with most costs claims resolving within 1 – 2 months of service of the Bill. If the claim is to be contested to a detailed assessment hearing, generally we will obtain 70% of the costs claimed as an interim payment on account, ensuring you can continue to fund other cases.

How Can We Assist?

Proportionality and apportionment are highly disputed aspects of industrial disease costs, with common law continuously developing in this area. ARC Costs are at the forefront of leading these arguments, being highly successful in ensuring assessments correctly apply the proportionality principle, and also in ensuring that paying parties pay their full 100% liability for costs, with arguments often arising as to how costs should be split between Defendants and insurers.

Dependant upon the claim type, it is recommended you seek advice at the outset of any claim. High value asbestos-type matters warrant higher hourly rates given the complexity, and it is worthwhile ensuring you get your retainer and hourly rates right from the outset.

Further input will be necessary throughout the claim, particularly in preparing and negotiating your Costs Budget (as disease matters are often allocated to the Multi Track), which is critical to get right to ensure maximum recovery on assessment. On high-value matters, if Judgment is also entered, it is crucial an interim payment for damages and costs is secured on account to ensure ongoing funding of the claim. On successful conclusion, following preparation of the Bill of Costs we will assist in negotiating recovery of your outstanding industrial disease costs, ensuring that any

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Our dedicated and experienced law costing team provide a wide array of legal costs services to fee earners and solicitors. Find out more by following the links below.