Occupational dermatitis: when is your employer liable?

Occupational dermatitis is one of the most commonly reported work-related skin conditions in the UK, and in a lot of cases, it’s preventable.

If you have a skin condition that developed or worsened because of substances you handle at work, it’s worth understanding whether your employer met their legal duty to protect you. If they haven’t, you may be able to make a personal injury claim.

What is occupational dermatitis?

Occupational dermatitis is inflammation of the skin caused or made worse by contact with harmful substances at work. It can develop after a single significant exposure, but more often builds up gradually with repeated contact over weeks or months.

There are two main types of occupational dermatitis:

1. Irritant contact dermatitis, which is caused by repeated contact with substances that damage the skin’s protective barrier. For example, detergents, solvents, or frequent hand washing.
2. Allergic contact dermatitis, where you develop an allergic reaction to a specific substance.

Symptoms of occupational dermatitis

The most common symptoms include:

• Redness
• Dryness
• Cracking
• Itching
• Swelling

In severe cases, the skin can blister.

High-risk industries for occupational dermatitis

Some jobs and industries are at a higher risk of occupational dermatitis than others, largely due to the substances and routines involved. These include:

• Manufacturing, where workers have contact with oils, solvents and fluids without adequate protection.
• Healthcare, where clinical and care staff frequently use gloves and hand sanitiser. This is also where latex allergies are most common.
• Hairdressing and beauty. Hair dyes, bleaching agents, and shampoos are frequent causes of occupational dermatitis.
• Detergents, disinfectants, and prolonged glove use (which traps moisture against the skin) are common triggers.
• Catering, where frequent hand washing, contact with acidic foods, and exposure to cleaning chemicals used in kitchens all contribute.

When is an employer liable for occupational dermatitis?

Employers have a legal duty under the Control of Substances Hazardous to Health Regulations (COSHH), along with general health and safety law, to protect workers from substances that could harm their skin.

Key areas where employers fail to protect workers against occupational dermatitis include:

• Failure to assess the risk of skin damage and put controls in place accordingly.
• Providing inadequate PPE, e.g. the wrong type of glove for the substance in use, or gloves that are damaged or reused beyond their safe lifespan.
• Inadequate training on the substances workers are handling and on how to use protective equipment correctly.
• Failure to act on reported symptoms, e.g. not investigating them further or adjusting working practices, and symptoms worsening.

Making a claim for occupational dermatitis

If you have developed occupational dermatitis and your employer has failed to protect you, you may be able to make a personal injury claim.

However, a solicitor will need to be able to prove that your employer took reasonably practicable steps to prevent harm. They will not simply look at whether the condition developed. This means that you will need to provide medical notes and any record of when symptoms started and/or worsened.

It’s also important to seek legal advice sooner rather than later. Personal injury claims generally have a three-year limitation period; this means that you have three years from the date that you first became aware that your condition or symptoms were linked to your work. Read more about time limits for personal injury claims here.

Get in touch with our industrial disease solicitors

If you think your work has caused or worsened a skin condition such as occupational dermatitis, our specialist industrial disease lawyers may be able to help. Call us on 0117 325 2929 or fill out our online enquiry form.