Workplace Cancer Claims

Employers have a legal duty to keep employees safe from hazards, including carcinogenic substances and radiation. When they fail to do so, and an employee develops cancer, they may be eligible to make a workplace cancer claim for compensation.

Some jobs, such as manufacturing, construction and agriculture, are more at risk than others. This guide will explain what measures your employer should have taken to protect you and how you can claim for your illness and any financial losses you incurred.

To find out if you have a valid claim, contact us today by calling 0800 470 0474 or using our claim form. If you are eligible to claim, an experienced industrial disease solicitor will offer you a no win no fee agreement and guide you through the claims process.

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Table of Contents

• What is occupational cancer?
• Am I eligible to make a workplace cancer claim?
• How do I make an occupational cancer claim?
• Evidence needed to support a compensation claim
• What can cause workplace cancer?
• What duties do employers have to prevent occupational cancer?
• Which jobs are most at risk of causing cancer?
• What types of cancers can be related to the workplace?
• What are the signs and symptoms of occupational cancer?
• Can I still make a claim if my employer is no longer trading?
• Am I entitled to compensation if I'm not a full-time employee?
• Can I also claim benefits if I develop cancer as a result of my workplace?
• Can I make a cancer compensation claim on behalf of a loved one?
• Claims for fatal work-related cancer
• Are there time limits for me to make a workplace cancer claim?
• How much compensation can I claim for workplace cancer?
• How long will my personal injury claim take?
• Will I have to go to court to claim compensation?
• Can I hire a solicitor on a No Win No Fee basis?

What is occupational cancer?

Occupational cancer is a type of cancer caused by carcinogens in the workplace. It develops due to long-term exposure to hazardous substances, radiation, or other work-related environmental factors that increase the risk of cancer.

Some of the most common causes of work related cancer include asbestos, wood dust, silica, diesel exhaust, cadmium and UV radiation. These can cause various types of cancers, such as bladder, kidney, liver, lung, skin and blood cancer.

Various occupations are at high risk of carcinogen exposure, and employers should take extra precautions to protect their staff. These include miners, farmers, construction workers, factory workers and firefighters.

Some of the most important safety measures against occupational cancer include the use of personal protective equipment (PPE) such as masks and gloves, proper air ventilation and regular medical screenings.

If a worker develops cancer from exposure to carcinogens in the workplace due to employer negligence, they may have the right to claim compensation. This can cover the pain, suffering, and financial losses caused by the illness.

Am I eligible to make a workplace cancer claim?

To find out if you are entitled to claim compensation for occupational cancer, the first step is to seek legal advice. A solicitor will provide a free case assessment to establish whether:

• Your employer breached their duty of care towards you.
• You were diagnosed with cancer as a result.
• This has caused you pain, suffering and financial losses.

As we will discuss in detail below, your employer owes you a legal duty to protect your health and safety while doing your job. This includes providing adequate PPE and training, complying with safety regulations and keeping a safe work environment.

If this duty is breached and you have grounds for a workplace cancer claim, your solicitor will offer you support and advice at every step. They will also handle all the legal aspects of the case on your behalf so that you can focus on your health.

How do I make an occupational cancer claim?

If you’ve been diagnosed with cancer following occupational exposure and you want to claim compensation, the first step is to contact a specialist solicitor. They will offer you a free initial consultation to assess the merits of your case and chances of success.

If you can proceed, the next steps are as follows:

• Gather evidence to build a strong case, such as medical records, your employment history and expert testimony;
• A free consultation with a medical specialist to fully assess your condition and your future care needs;
• Once they have all the information, your solicitor will send a letter of claim to the defendant. This will outline the allegations of negligence, the harm you suffered and the damages you seek;
• You will receive a letter of response from the defendant within three months. They will either admit or deny liability for your illness;
• Assuming the defendant admits liability, your solicitor will start negotiating a settlement with them on your behalf;
• If liability is denied, your solicitor will issue court proceedings. That does not mean that your case will go to trial. It is rather a strategic step to push the defendant towards reaching a fair settlement.
• If negotiations fail, your solicitor will argue your case before a judge who will decide the outcome of your claim.
• If you win the case, the last step is to receive your compensation payment, which typically takes up to four weeks.

Evidence needed to support a compensation claim

To win a claim for work related cancer compensation, you must have strong evidence to prove the following:

• Your cancer was caused by workplace exposure.
• Your employer failed in their duty of care to protect you.
• You have suffered physical, emotional, and financial losses as a result.

Proving that the disease was caused as a direct result of exposure to unsafe conditions in the workplace can be a complex undertaking, as everyday life presents us with a host of potential cancer risks. The key types of evidence you can use to support your case include:

• Medical records confirming your type of cancer, the treatments you received and your prognosis;
• Medical documents that link your condition to unsafe substances at work;
• A report from a specialist doctor who will explain how the workplace exposure caused or contributed to your illness;
• Your employment records, such as contracts, your job role description, and the training you received related to hazardous materials;
• Statements from colleagues who can confirm the working conditions and exposure to harmful substances;
• Risk assessments and reports from the Health and Safety Executive (HSE) regarding workplace safety and the presence of dangerous substances at work;
• Reports from occupational health specialists who can confirm that your job exposed you to carcinogens;
• Your testimony about how you were exposed to unsafe conditions at work and how this has affected your life;
• You also need evidence like payslips, receipts and invoices to claim for financial losses and expenses related to your illness.

What can cause workplace cancer?

The causes of cancer in the workplace can be numerous and varied. These include:

• Exposure to toxic dust and chemicals, such as asbestos, benzene, silica dust, pesticides, herbicides, cadmium, chromium, radon gas, formaldehyde and nickel compounds.
• Exposure to ionising radiation, which can damage the DNA, such as X-rays, gamma rays or UV radiation from working under the sun.
• Certain industrial processes, including coal production, rubber manufacturing, steel and iron founding, mining and aluminium production.

Employees can be subjected to the risks of such substances through inhalation, swallowing or touching them with uncovered skin.

The level of risk associated with them is classified by the International Agency for Research on Cancer (IARC). These substances are categorised as definitely, probably, or possibly carcinogenic, providing a clear guideline on the level of risk associated with exposure.

Every employer is legally obliged to conduct thorough risk assessments of their workplaces and the processes followed by workers. You can read more about the duty of care of employers in the section below.

In doing so, they will ascertain what substances can cause cancer and how they can protect their staff. A breach of this duty of care would make the employer liable for any illnesses or injuries sustained by an employee.

What duties do employers have to prevent occupational cancer?

All UK employers are legally obliged to abide by national legislation that protects their staff as outlined in the Health and Safety at Work Act 1974 (HSWA).

The Control of Substances Hazardous to Health (COSHH) Regulations 2002 provides further guidance on how to protect workers from hazardous substances that could cause occupational cancer. To comply with their duties, your employer should:

• Conduct regular risk assessments to identify carcinogens and assess the level of exposure;
• Take measures to eliminate or control exposure to these dangerous substances;
• Supply adequate PPE, such as masks, gloves and protective clothing to reduce exposure;
• Ensure all employees know how to use the PPE correctly and that this is in good working order;
• Educate workers on the risks associated with exposure and how to do their job safely;
• Regularly checking air quality and chemical levels to prevent harmful exposure;
• Ensure proper ventilation to minimise airborne contaminants;
• Offering regular medical check-ups to those at risk for early detection of health issues.

Breaches of an employer’s legal obligations can have devastating results. According to the HSE, there are more than 13,500 new cases of workplace cancer every year in the UK, with around 8,000 deaths.

If your employer has failed to meet the requirements outlined in the HSWA and COSHH, and you have been subsequently diagnosed with occupational cancer, you may be eligible to claim compensation.

Which jobs are most at risk of causing cancer?

The personal injury solicitors we work with have successfully processed a large number of workplace cancer claims and are experienced in assisting victims from various industries.

According to the Health and Safety Executive, the industry most at risk for workplace cancer is construction, with over 40% of occupational cancer cases and deaths. These are due to asbestos, silica dust, welding fumes and solar radiation exposure.

Other jobs that are more vulnerable to the risks associated with cancer caused by work environments include:

• Tyre manufacturers – from solvents, benzene and rubber chemicals
• Gasworks engineers – from coal tar, benzene, PAHs and diesel fumes
• Asbestos workers – from asbestos fibres
• Fuel engineers – from benzene, diesel fumes, PAHs, and hydrocarbon exposure
• Metalworkers – from heavy metals, such as arsenic, cadmium, nickel and solvents
• Welders – from UV radiation and welding fumes
• Painters – from benzene, lead, formaldehyde and solvents
• Miners – from silica dust, radon gas, arsenic and heavy metals
• Agricultural workers – from pesticides, herbicides, diesel fumes, and UV radiation

No matter which industry you work in or the job that you are employed to do, if you have been diagnosed with cancer because of the neglect of your employer or the breach of their legal duty of care to you, a solicitor will be able to help you make a claim for compensation.

What types of cancers can be related to the workplace?

There are a number of cancers which can be related to workplace exposure. The type of cancer you may develop is heavily dependent upon the carcinogenic that you have been exposed to.

Some of these carcinogens can come from chemicals, dust, fumes, radiation, or other hazardous materials. Here are some of the most common types of cancers related to the workplace:

• Nasopharynx and sinonasal cancers caused by dust from wood, arsenic, nickel, radium, flour and mineral oils;
• Mesothelioma from asbestos exposure. Other cancers caused by asbestos can affect the larynx, lung, ovary, pharynx, colorectum and stomach;
• Skin cancers caused by exposure to the sun, arsenic, coal tars and certain oils;
• Silicosis and lung cancer due to exposure to silica dust;
• Lung cancers caused by exposure to other substances, such as radon, benzene, diesel exhaust arsenic or cadmium;
• Bladder cancer caused by metalworking fluids, arsenic, paint toxins and benzidine;
• Non-melanoma skin cancers caused by coal tar and pitch;
• Eye cancer caused by welding and exposure to UV radiation;
• Stomach cancer can be caused by exposure to chemicals like pesticides, solvents and gasoline.

This is a relatively small list of the types of cancers that can be caused due to the dangers of occupations. Workplace and industrial injury solicitors are experienced in achieving successful outcomes for a host of other work-related cancers.

What are the signs and symptoms of occupational cancer?

Occupational cancer can cause various symptoms, depending on its type and severity. Some of the most common signs to look out for include:

• Weakness, fatigue, insomnia and lack of energy
• Shortness of breath or other breathing issues
• Skin ulcers or lesions
• Unexplained weight loss or gain
• Persistent cough, headaches or joint pain
• Swelling or lumps in the testicle, breasts, abdomen or lymph nodes
• Coughing up blood or blood in stool or urine
• Memory loss or cognitive changes

If you experience any of these symptoms persistently or they worsen over time, it’s important to consult a healthcare professional for an evaluation.

Your healthcare provider will conduct a physical exam to diagnose your condition and discuss your medical and work history. They may also recommend further tests, such as CT scans, MRIs, ultrasound, blood and urine tests and a biopsy.

If you are diagnosed with cancer, treatment may involve surgery, chemotherapy, radiation therapy, immunotherapy or a combination of these. If your condition was due to your employer’s negligence, you could claim compensation to cover all your treatments and care needs.

Can I still make a claim if my employer is no longer trading?

Most cancers take many years or even decades to develop and show symptoms. Because of this long period, your former employer may no longer be around, whether they have been bought out, declared bankruptcy or have ceased trading.

However, there are ways to claim compensation for your work-related illness, even under such circumstances. In this case, the best approach is to check if your employer had liability insurance (EL), which they should have because this has been a legal requirement since 1972.

Your solicitor will use the Employers’ Liability Tracing Office (ELTO) website to access your employer’s insurance information. If they can track down your former employer’s insurer, you can claim compensation from them.

Based on your circumstances, other approaches may be more suitable. These include claiming against the company’s directors personally or negotiating with the appointed administrator if the company is in administration.

Ultimately, if all other routes fail, you can resort to government schemes to secure compensation for the losses caused by your illness.

You can check the status of your former employer’s company here if it is a limited company. If they are a sole trader or a partnership, you can search the bankruptcy and insolvency register to find out if they have gone out of business.

Am I entitled to compensation if I’m not a full-time employee?

Yes. You may still be entitled to compensation for a workplace-related illness such as cancer, even if you do not qualify as a full-time employee. Your employment status does not affect your employer’s duty of care to provide a safe working environment.

If you were exposed to hazardous substances or unsafe conditions at work, you can make a claim even if you are:

• A part-time employee
• Working under a fixed-term contract
• A zero-hours contract worker
• Self-employed
• An agency worker
• A subcontractor or consultant

While some of your legal rights, such as Statutory Sick Pay and protection against unfair dismissal, do not apply to you, your employer is still responsible for your health and safety.

If they breach this duty of care towards you and you suffer harm as a result, you are entitled to compensation just like full-time employees, as long as you are able to prove that:

• Your employer was negligent (for example, they failed to provide PPE or safety training).
• You were exposed to carcinogens at work due to their negligence.
• Your illness was caused by this exposure.

As an employee who is not working full-time, you may also qualify for various state benefits, some of which are detailed in the section below.

If you’re unsure about your eligibility, a solicitor can assess your case for free and advise on both compensation and benefits. Do not hesitate to call 0800 470 0474 today or use our online claim form to request your free consultation.

Can I also claim benefits if I develop cancer as a result of my workplace?

If your illness makes you unable to work or reduces your earning capacity, you may be entitled to several benefits. These can also help with extra costs incurred due to your condition.

The benefits you could potentially claim include:

• Industrial Injuries Disablement Benefit (IIDB) is available if your cancer is caused by work-related exposure to hazardous substances. This is a weekly amount of up to £221.50, based on the severity of your disability.
• Personal Independence Payment (PIP) helps with extra living costs if you have difficulty with daily activities or mobility. This is available whether you work or not and is up to £108.55 per week for daily living and up to £75.75 per week for mobility.
• Employment and Support Allowance (ESA) can be claimed if you are too ill to work. How much you’ll get will depend on whether you will be able to get back to work in the future. If you can, you will receive up to £90.50 a week and if you cannot, up to £138.20 a week.
• Universal Credit can help with housing costs and living expenses, and you can claim it even if you are still able to work. This is a monthly allowance of £393.45 if you are single and 25 or over or £617.60 if you live with your partner.
• Attendance Allowance is available if your condition is severe enough that you need someone to look after you and you are state pension age or older. It is paid weekly, and it is up to £108.55 per week if you need supervision throughout the day and night.

It is essential to know that you can still claim personal injury compensation even if you receive state benefits. However, a payment of over £6,000 will affect the benefits you can claim, and a settlement of over £16,000 could entirely disqualify you from the benefits system.

However, there is a simple and practical solution to this. Your solicitor can set up a personal injury trust on your behalf, where your payment will be deposited.

This trust keeps your compensation separate from your personal finances, so it is not counted as savings when benefits are assessed.

If you are an employee and you cannot work due to cancer treatment, you would also typically be entitled to Statutory Sick Pay (SSP). This is paid by your employer for up to 28 weeks and amounts to £118.75 per week.

Note: The benefits and amounts listed above are correct at the time of writing, but are subject to change. For the latest information, please visit the relevant Government website using the links provided above.

Can I make a cancer compensation claim on behalf of a loved one?

Yes. You may be able to claim compensation for a loved one who developed cancer caused by exposure to carcinogens at work.

If they are unable to manage a claim due to their medical condition, you can act as a litigation friend and pursue the claim on their behalf. A litigation friend is typically the claimant’s spouse, civil partner, parent, child or trusted friend.

To become a litigation friend, you will need to complete and submit a certificate of suitability (Form N235) to the court. This should confirm that you:

• Have no conflicting interests
• Can make decisions about the claim competently and fairly
• Are willing and able to manage the case on their behalf

As a litigation friend, you will have several responsibilities. These include making decisions in the claimant’s best interests, gathering evidence, liaising with solicitors and accepting or rejecting settlements.

If your loved one later regains their ability to manage legal proceedings, you can step down, and they will carry on with the claims process. Otherwise, your role as a litigation friend ends when the claim is resolved.

Claims for fatal work-related cancer

If you’ve lost a loved one following a cancer diagnosis related to their working conditions, you could make a claim under the Fatal Accidents Act 1976.

This act allows you to claim compensation if you qualify as a defendant of the deceased. Typically, this includes:

• Spouses and civil partners
• A partner living with them for at least two years
• Children and other descendants
• Parents and other ascendants
• Siblings, aunts and uncles

As a depended, you could claim the following if you wrongfully lost a loved one due to work-related cancer:

• The loss of financial support provided by the deceased, such as lost wages, bonuses, healthcare benefits, pensions and other sources of income;
• The loss of services they contributed to the household, such as childcare and property maintenance;
• Funeral expenses that are reasonable, such as wreaths and transporting the body to the grave;
• Spouses can also claim a bereavement award of £15,120 as recognition for the wrongful death and the grief this has caused them.

The pain, suffering and financial losses incurred by your loved one before dying can also be recovered under the Law Reform (Miscellaneous Provisions) Act 1934.

Are there time limits for me to make a workplace cancer claim?

Employees who have been diagnosed with a type of occupational cancer have a time limit of three years from the date of diagnosis in which to initiate a claim for compensation.

It may take several years for symptoms of your cancer to become apparent, so the three-year time limit begins from the date of knowledge of your illness. This time limit is established by the Limitation Act 1980 and cannot be ignored, or your case will be statute-barred. This means you would lose your right to claim personal injury compensation.

The court has the power to override the limitation date if it finds it fair and reasonable to do so. But this only happens under extraordinary circumstances and will depend on:

• The length and reason for the delay
• How the coherence of evidence is affected by the delay
• How you have acted once you found out that you may be entitled to claim
• The defendant’s conduct once the cause of action arose
• The steps you took to get expert advice and the nature of the advice received

There is no limitation date for a litigation friend to start a claim on behalf of someone who cannot handle legal proceedings. This could be due to the severity of their condition or another illness such as stroke or Alzheimer’s disease.

If you have lost a loved one due to workplace exposure to carcinogens, you could pursue a claim within three years of their death.

As with any personal injury claim, you should seek legal advice at the earliest opportunity. This will make it easier to gather evidence and build a strong case to secure compensation.

How much compensation can I claim for workplace cancer?

The compensation amount awarded in a workplace cancer claim varies from case to case. It will depend on the type and severity of the cancer, its impact on your life and the related financial losses and expenses.

Your compensation payment will be made of two types of damages:

• General damages are awarded for your illness and the subjective ways it has affected you. These include physical pain, emotional distress, loss of amenity, reduced life expectancy and impact on relationships.
• Special damages are awarded for the financial impact of the disease. These can include private medical treatments, prescriptions, travel to medical appointments, lost earnings and care costs.

According to the Judicial College guidelines and our online compensation calculator, you could receive:

• Up to £118,150 for mesothelioma
• Up to £153,870 for testicular cancer leading to loss of male reproductive organs
• Up to £135,920 for lung cancer causing severe disability and death in younger individuals

Solicitors offer clients an initial no-obligation consultation for free. This allows them to assess your case and answer any questions that you may have about making a claim.

Following this evaluation of your case, they will confirm your eligibility to pursue a settlement and provide you with an estimate of the possible compensation award you could receive.

How long will my personal injury claim take?

Industrial disease claims, like those for occupational cancer cases, are typically more complex than others, such as for road traffic accidents.

That is because cancer takes years or decades to develop and can be caused by factors other than the workplace environment. This makes it difficult to establish a direct link between exposure and diagnosis, and you will need detailed evidence to prove it.

Furthermore, your employer may attempt to deny liability, arguing that they were not aware of the risks or that your job wasn’t the cause of the cancer.

As such, it typically takes between 12 months and three years to settle a workplace cancer compensation claim, depending on:

• How clear the link between your diagnosis and workplace exposure is
• Whether your employer admits liability
• How long it takes to obtain expert medical reports and other evidence
• How long the settlement negotiations take
• Whether your case goes to court, which could add one to two years to the process

You can speed up the claims process by seeking early legal advice and providing all relevant documents, such as medical records, as quickly as possible. You should also maintain clear and open communication with your solicitor and attend all appointments they make for you.

If you have pressing financial needs, your injury lawyer may be able to secure interim payments for you.

Will I have to go to court to claim compensation?

In most cases, it is not necessary to go to court when making an occupational cancer claim. More than 96% of all cases are settled through negotiations, as this brings several benefits to both parties:

• It can speed up the claims process and allow for a faster resolution.
• It results in lower legal costs.
• The two parties have control over the outcome, while court trials are unpredictable.
• It is less emotionally draining and stressful than going to court.
• Court proceedings are public, while settlements can be kept confidential.
• A settlement provides certainty, as you know exactly what you will receive in terms of compensation and cannot be appealed.
• It avoids the risk of a trial loss.

However, it is sometimes necessary to issue court proceedings and even argue your claim before a judge. This could be the case if:

• Your employer denies liability for your illness.
• You are not satisfied with the compensation payment they are offering you.
• Your case is particularly complex, or it involves several parties.
• You want to ask for interim payments to cover your financial needs.

If your claim goes to court, your solicitor or a barrister will prepare and present the case on your behalf. If you must also attend the trial, they will support you and ensure you are fully prepared to answer any questions.

You may find it less stressful knowing that all claims for personal injuries are held in a civil courtroom, and no jury will be present.

Can I hire a solicitor on a No Win No Fee basis?

If you have grounds for a claim, the solicitors we work with will help you get the compensation you deserve on a no win no fee basis. This means that:

• You do not have to pay them a single penny upfront, and there are no hidden charges.
• If you win, your solicitor will get a success fee of up to 25% deducted from your compensation award.
• If you lose, you do not owe them anything, so you have no financial risk.

You can also take out ATE insurance before starting legal proceedings for further peace of mind. This will cover all the litigation costs if your claim is unsuccessful, including:

• Court and counsel fees
• Medical reports
• Expert witness fees
• Travel expenses
• Barrister fees if the case goes to court
• The defendant’s lawyers and expenses
• The ATE premium, which you only pay if you win the claim

To find out if and how you can make an occupational cancer compensation claim, call 0800 470 0474 today for free legal advice. You can also enter your details into our online claim form to arrange a call back.

Last edited on 14th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.