Skin Cancer and Occupational Risk: Implications for Dutyholders and Insurers : Clyde & Co

In May 2025, the IARC (International Agency for Research on Cancer) published the results of a new study updating global estimates of cutaneous melanoma cases attributable to ultraviolet radiation (UVR). The study found that skin cancer cases are on the rise, with an estimated 267,000 melanoma cases globally in 2022 caused by UVR.

Skin cancer (both melanoma and non-melanoma) is the most diagnosed cancer worldwide. In the UK (2017–2019) there were 17,537 new cases of melanoma skin cancer, and in 2016–2018 there were 155,985 new cases of non-melanoma skin cancer (Cancer Research UK).

Global and UK Trends

Scientists from the IARC found that more than 80% of cutaneous melanoma (CM) cases worldwide in 2022 were attributable to UVR exposure. CM accounted for around 331,700 cancer cases globally in 2022.

UVR is a major risk factor for CM. It is the most common form of melanoma, developing in melanocytes – the pigment-producing cells in the skin. It is also the most aggressive form of skin cancer, with potential to spread if not detected and treated early.

Other risk factors include age, pale skin, a high number of moles, and a family history of skin cancer.

In the UK, melanoma skin cancer is the 5th most common cancer overall. Since the early 1990s, incidence rates have risen by around 147% (2.5 times). Over the last decade, rates increased by almost a third (31%) and are projected to rise by a further 9% between 2023 and 2040 (Cancer Research UK).

The British Medical Journal (Skin cancer prevention and sunscreens, 25 July 2025) also reported that deaths from melanoma are projected to increase by about 68% from 2020 to 2040.

Advances in Research

Building on earlier IARC Global Cancer Observatory data, researchers improved accuracy by adjusting for acral lentiginous melanoma – a subtype not associated with UVR exposure, but accounting for about half of CM cases in darker-skinned groups.

The study concluded that most of the global CM burden in 2022 was UVR-attributable.

Implications for Defendants and Insurers

With both UK and global temperatures and skin cancer cases on the rise, there is clear potential for an increase in claims from outdoor workers. Claimant firms are already actively advertising for UVR-related occupational skin cancer claims.

There is also potential exposure under public liability (PL) claims, for example from sports fields, school playgrounds, and construction site operators.

Prevention and Employer Duties

Primary prevention through increased sun-safety awareness and provision of protection remains key to reducing CM. Employers should:

  • Carry out risk assessments for outdoor workers
  • Provide training and education on sun exposure risks
  • Supply adequate sun protection and encourage regular sunscreen use

Regular sunscreen use can prevent melanoma and squamous cell carcinoma, though effectiveness depends on application, coverage, and reapplication.

HSE Guidance

The HSE highlights UVR as a significant risk for outdoor workers, particularly in construction. Its guidance (“Cancer and Construction: Skin Cancers” and “Skin at Work: Outdoor Workers and Sun Exposure”) identifies at-risk groups including farm and construction workers, market gardeners, outdoor activity staff, and certain public service workers.

Recommendations include:

  • Wearing protective clothing and wide-brimmed/flap hats
  • Staying in shade during breaks and peak sun hours
  • Using high-factor sunscreen (SPF 15+) on exposed skin
  • Drinking plenty of water
  • Checking skin regularly for unusual moles
  • Considering work rotation to cooler parts of the day
  • Providing sunscreen at exits to outdoor areas as a reminder

Causation and Legal Challenges

As with most occupational cancers, causation in skin cancer claims is complex.

Skin cancer is considered an indivisible condition for causation purposes. Whether the “but for” test or the “material contribution” test applies will depend on the melanoma type diagnosed.

If the Court applies the material contribution approach, claimants must prove both:

  • Generic causation: that the breach was capable of causing the injury
  • Individual causation: that the breach in fact made a contribution that was more than minimal

Given that melanoma may have multiple causes (idiopathic, UVR, chemical exposure), combined with inevitable non-work UVR exposure (e.g. lifetime sun exposure), proving causation remains a significant hurdle for claimants.

Outlook

With UK heatwaves intensifying and melanoma cases continuing to rise, this is an area that defendants, insurers, and employers should monitor closely for developments.

Clyde & Co are specialists in dealing with a wide variety of disease claims, and we closely monitor developments around related topics. For more on this subject, you can read all of our previous articles here, and if you have any questions about this topic you can contact Barbara Goddard or any of our Occupational Disease and Legacy Claims team.

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