Dermatitis compensation

What is dermatitis?

Dermatitis is any inflammation of the skin, including eczema and other skin conditions. Contact dermatitis is one of the most widespread causes of ill health at work. If it is persistent it can make working impossible.  It is common in the UK working population – a survey in 2004/05 estimated that as many as 29,000 people in Great Britain had work-related skin disease (Health and Safety Executive website) - but some people may not even know that they have dermatitis. 

Irritant contact dermatitis

This is the most common form of dermatitis.  It is caused by exposure to a substance which irritates the skin (an irritant), either over a short period of time (e.g. acids), or from prolonged exposure to small amounts of a substance (e.g. detergents).  How much exposure is needed to cause irritant contact dermatitis depends on the particular substance and the person exposed.

Substances such as acids, alkalis, soaps, detergents and solvents can physically damage the skin or its protective oils and result in an outbreak or “eruption” of the skin, which leaves it inflamed.  Signs on the skin can be redness, itching, scaling and blistering.  The skin can crack and bleed. The condition may spread all over the body.  The skin usually recovers if the cause of the problem is removed. 

Allergic contact dermatitis

This is dermatitis caused by becoming allergic (over-sensitive) to a substance that has been in contact with the skin. Examples are nickel and some other metals, medications, latex rubber, cosmetics, glues, dyes and perfumes.  The substance may not cause any reaction at first, but it may do so if contact continues.  The skin’s sensitivity to the substance may decline if you are removed from contact with it.  Allergic contact dermatitis looks the same as irritant contact dermatitis - in fact, it would take a doctor to tell the difference between the two. 

How do I know if it is due to work?

These are some of the clues:

• The areas of skin that have had contact with the substance at work “erupt” (see picture). 
• Co-workers have similar problems.
• The condition gets better when you are away from work and starts again when you return to work.

Which jobs?

The main occupation is the catering and food industry but there are many other occupations where dermatitis can also occur. 

What can I do to prevent it happening?

• Always wash, using a skin cleanser, after working with substances which can cause dermatitis. 
• Use cream to help prevent any moisture loss from the skin.  Barrier creams can do more harm than good, as they can sometimes aggravate the condition. 
• Examine your skin regularly.
• Gloves may help but latex is also an irritant in its own right.
• Avoid contact with the substance – easier said than done, but your employer is obliged to help. 
• Guard against broken skin - the substance can get in more easily and more deeply into the skin and cause more harm.  Avoid all contact between the skin and the substance. 

What to do if dermatitis develops

Get proper medical advice.  Go and see your doctor, not just the chemist.  If you don’t get help you may become permanently sensitised (allergic) to the substance, which can seriously affect your life. 

The law

There are tough laws in Britain that are designed to force employers to take proper precautions against dermatitis, such as the Management of Health and Safety at Work Regulations 1999 and the Control of Substances Hazardous to Health Regulations 2002.  These laws require employers to check whether dermatitis is a risk in the workplace and take measures to prevent contact with harmful substances or, where that is not possible, give workers proper protection when they are using these substances.  Employers also have to organise health checks for workers who are in contact with harmful substances.

What can John Pickering and Partners LLP do?

You may have a claim for compensation for dermatitis caused at work, if your employer has not done enough to stop you getting dermatitis.  If you think you have a claim, please get in touch.  We can also help you claim benefits from the Department for Work and Pensions.

We offer conditional fee agreements (also known as ‘no win, no fee’ agreements).  For a fuller explanation, please see our asbestos compensation guide which has information relating to conditional fee agreements for all types of industrial diseases.

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