Reclaiming Your Industrial Disease Expenses

Expenses Related to Industrial Disease Claims

A compensation claim can be filed against an employer if they fail to adhere to proper Health and Safety Procedures, resulting in an employee injury. Common industrial disease claims include Noise Induced Hearing Loss, repetitive strain injuries, and injuries such as dermatitis from exposure to hazardous substances.

Successful industrial disease claims also involve claiming legal costs. However, handling these costs can be particularly challenging due to the typically multi-defendant nature of such cases. These claims often require complex medical evidence, involve multiple experts, and present causation challenges, along with multiple paying parties and their insurers. This complexity makes managing the costs of these claims notably difficult.

Industrial disease costs may be subject to fixed recoverable costs if they are of low value and settle through the Portal. Otherwise, they fall under the open costs regime. When industrial disease cases exit the MOJ Portal, they inevitably become more complex due to the factors mentioned, leading to increased costs.

How We Can Help?

Proportionality and apportionment remain highly contested aspects of industrial disease costs, with the common law continually evolving in this domain. ARC Costs leads these arguments, boasting a track record of success in ensuring assessments correctly apply the proportionality principle and compelling paying parties to assume their full 100% liability for costs. Disputes often arise regarding how costs should be divided between defendants and insurers.

Depending on the claim type, seeking advice at the outset is advisable. For high-value asbestos-related cases, higher hourly rates are recommended due to their complexity. It's crucial to establish the right retainer and hourly rates from the beginning.

Continuous input will be necessary throughout the claim process, particularly in preparing and negotiating your Costs Budget, as disease matters are often allocated to the Multi Track. This step is critical to ensure maximum recovery during assessment. For high-value matters where Judgment is also entered, securing an interim payment for damages and costs on account is crucial for ongoing funding of the claim. Upon successful conclusion, following the preparation of the Bill of Costs, we will assist in negotiating the recovery of your outstanding industrial disease costs, ensuring that any...

Why Choose Us?

DMD Costs has established a dedicated in-house team to help maximize the recovery of your industrial disease costs.

Given the extensive investigative and evidential requirements, industrial disease costs claims are often substantial and frequently contested by paying parties, particularly on the basis of proportionality. DMD Costs specializes in securing interim payments of at least 50% of your incurred costs in the early stages of a dispute, with most costs claims being resolved within 1–2 months after the Bill is served. If the claim proceeds to a detailed assessment hearing, we typically secure 70% of the claimed costs as an interim payment on account, ensuring you have the necessary funds to continue managing other cases.

Our Approach to Achieving Your Desired Outcomes

Our leadership team consistently oversees the caliber of our work. We attain our objectives by prioritizing the excellence of our output rather than the volume produced monthly.