Smoke Inhalation Claims

Inhaling smoke and toxic fumes can cause serious health issues and can even be fatal. If you or a loved one suffered harm due to smoke caused by negligence, you may be eligible to make a smoke inhalation claim for compensation.

Smoke inhalation can result from various situations, including road accidents, house fires, exposure to workplace hazards and even surgical negligence. This can lead to serious consequences, such as asphyxia, pneumonia, carbon monoxide poisoning and even cancer.

Our guide explains when and how you can make a claim, what evidence is needed and how much compensation you could receive. For a free, no-obligation case assessment, please call 0800 470 0474 today or use our online contact form to request a call back.

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Table of Contents

• Am I eligible to start a smoke inhalation claim?
• How do I make a smoke inhalation compensation claim?
• What is smoke inhalation, and why is it dangerous?
• What are the consequences of smoke inhalation?
• What situations could lead to a smoke inhalation injury claim?
• Employer duties to prevent smoke inhalation at work
• Can I claim compensation if I inhale surgical smoke?
• What evidence do I need to make a smoke inhalation claim?
• Can I make a smoke inhalation claim on behalf of a loved one?
• Can I claim compensation if a loved one died from smoke or toxic fume inhalation?
• What is the time limit to make a smoke inhalation injury compensation claim?
• How much compensation could I receive for smoke inhalation injuries?
• Can I make a smoke inhalation claim on a No Win No Fee basis?
• How long will my smoke inhalation claim take?
• Will I need to attend court to settle my claim?
• Start a claim for smoke inhalation today!

Am I eligible to start a smoke inhalation claim?

The easiest way to find out if you can make a personal injury claim for smoke inhalation is through a free consultation over the phone with a legal adviser. They will ask you a few simple questions about your situation to verify whether:

• Another party, such as your employer or a landlord, owed you a legal duty of care.
• They breached this duty and caused you to inhale toxic fumes or smoke.
• You suffered an injury and other damages as a result.
• The incident occurred within the legal time limit (usually three years).

If these can be established and supported with evidence, a specialist solicitor will help you make a claim for compensation.

How do I make a smoke inhalation compensation claim?

If you suffered a physical injury or illness from exposure to smoke and you want to make a claim, the first thing you should do is speak to a personal injury solicitor. If they determine that your case has merit, they will:

• Help you gather supporting evidence, including a medical report from an independent specialist.
• Calculate your compensation award by carefully assessing all your losses.
• Send a letter of claim to the defendant and engage in negotiations if they admit liability.
• Issue court proceedings and prepare for a court trial if a settlement cannot be reached.

Your solicitor will guide you through all the steps of the claims process and ensure you receive all the support you need and that your legal rights are protected.

What is smoke inhalation, and why is it dangerous?

Smoke inhalation occurs when you breathe in fumes or a mixture of hot air, chemicals, toxic gases and particles produced by a fire. This can cause thermal burns or chemical damage to the lungs and airways, as well as systemic poisoning from substances like carbon monoxide.

The symptoms of smoke inhalation include:

• A sore or scratchy throat and cough.
• Stinging eyes and a runny nose.
• Chest pain and shortness of breath.
• Noisy breathing, such as wheezing.
• Headaches, nausea and dizziness.
• Confusion, fainting and seizures.

Prolonged or severe smoke exposure can lead to long-term respiratory damage, organ failure and even death.

What are the consequences of smoke inhalation?

Smoke inhalation can cause immediate symptoms like the ones mentioned above, but also severe and sometimes delayed complications, depending on the amount of smoke inhaled. These include:

• Pulmonary oedema or acute respiratory distress syndrome (ARDS) – caused by the build-up of fluid in the lungs.
• Carbon monoxide (CO) poisoning – happens when the CO from smoke reduces oxygen levels in the body.
• Asphyxiation – if the lungs are damaged or the smoke deprives the body of oxygen, causing suffocation.
• Pneumonia – due to inflammation and accumulation of debris and bacteria in the lungs.
• Coma, stroke and permanent brain damage – due to a lack of oxygen to the brain.

Prolonged exposure to irritants and carcinogenic chemicals in smoke, usually in workplace settings, can lead to COPD, chronic bronchitis, asthma and lung cancer.

What situations could lead to a smoke inhalation injury claim?

A claim for inhalation of toxic fumes may arise from various scenarios, including:

• Workplace fires caused by faulty electrical equipment, poor housekeeping and flammable materials.
• Constant exposure to fumes at work due to poor safety measures or a lack of personal protective equipment (PPE).
• Road traffic accidents in which the vehicles catch fire.
• House fires due to negligent landlords, unsafe housing or faulty products.
• Fires in public places such as shops, hotels or restaurants that fail to take proper fire safety measures.
• Exposure in medical settings where surgical smoke is not properly contained or ventilated.

Employer duties to prevent smoke inhalation at work

Employers have a legal duty to keep employees safe from fires and breathing in smoke at work. Their legal responsibilities under the Health and Safety at Work Act 1974 and other workplace legislation include:

• Perform regular risk assessments to identify dangers.
• Reduce the risk of exposure to the lowest level that is reasonably possible.
• Ensure adequate ventilation, with a good flow of fresh air.
• Make sure all hazardous materials are safely stored and disposed of.
• Use visible signs to warn employees of potential hazards.
• Offer health and safety training and information to employees.
• Provide adequate PPE and make sure it is used correctly.
• Conduct regular inspections of equipment and machinery.

If you breathe in smoke due to your employer’s negligence, you might be entitled to make an accident at work claim or an industrial injury claim. This is your legal right under the Employment Rights Act 1996, which also protects you from unfair or constructive dismissal.

Can I claim compensation if I inhale surgical smoke?

Surgical smoke is a hazardous by-product of surgery and a health threat to those exposed to it. Also known as a smoke plume, it is produced when lasers and other medical devices are used to cut or coagulate tissues.

Surgical smoke can contain a dangerous mixture of mutagens, carcinogens, viruses, bacteria, irritant chemicals, gases and toxins. This can:

• Cause irritation to the eyes, throat and lungs.
• Cause headaches, nausea and dizziness.
• Increase the risk of chronic respiratory illnesses.
• Transmit various types of infections, such as HPV.
• Increase the risk of developing cancer.

To protect surgeons and staff, hospitals must mitigate the risks posed by surgical plumes. Under the Control of Substances Hazardous to Health Regulations (COSHH), they must:

• Ensure adequate ventilation and evacuation systems.
• Provide suitable PPE, such as eye protection and masks.
• Train and inform staff about the dangers of inhaling surgical smoke.

If these duties are breached and you suffer an injury or illness, you could make a surgical smoke inhalation compensation claim.

What evidence do I need to make a smoke inhalation claim?

Different types of evidence can help you claim smoke inhalation compensation, including:

• Photographs and videos of the accident scene and your injuries.
• Copies of an accident report filed with the responsible party.
• Reports from the fire department or the police.
• Medical records detailing your injuries and their severity.
• A copy of an independent assessment regarding the long-term effects of smoke inhalation on your health.
• Statements from witnesses who saw what happened or were aware of unsafe conditions.
• Expert witness reports.
• Your account of the events and the impact on your life.
• Proof of financial losses and expenses, such as medical treatments and lost wages.

Can I make a smoke inhalation claim on behalf of a loved one?

Yes. You can make a claim on behalf of a loved one who suffered harm as a result of smoke inhalation caused by somebody else’s negligence, if they are:

• Under the age of 18.
• An adult who lacks the mental capacity to handle a claim themselves due to an injury, illness or disability, making them a protected party under the Mental Capacity Act 2005.

To be able to claim on their behalf, you must apply to the court to be named as their litigation friend. You can read more about your responsibilities and the claims process here: What is a litigation friend?

Can I claim compensation if a loved one died from smoke or toxic fume inhalation?

We understand how devastating it is to lose a loved one due to smoke inhalation. While no amount of money could ease your suffering, making a fatal injury compensation claim can provide the financial support you need during a difficult time. This can include:

• The loss of financial support provided by your loved one.
• Loss of services such as childcare and DIY projects.
• Reasonable funeral expenses, such as wreaths and the headstone.
• A bereavement award of £15,120 for the grief caused by your loss.

Under the Law Reform (Miscellaneous Provisions) Act 1934, you could also claim for the pain, suffering and financial losses incurred by your loved one before their death.

What is the time limit to make a smoke inhalation injury compensation claim?

There is a general 3-year time limit to claim compensation for injuries caused by smoke inhalation. However, there are a few exceptions under the Limitation Act 1980:

• For a claim made on behalf of a child, there is no limitation period until their 18th birthday.
• The time limit is suspended if the claimant is a protected party who lacks mental capacity.

If you are considering making a claim, you should speak to a solicitor as soon as possible to ensure that evidence is preserved and they can build a strong case.

How much compensation could I receive for smoke inhalation injuries?

Your solicitor will calculate how much compensation you might receive based on two types of damages:

• General damages cover the pain, suffering and loss of amenity caused by your injuries. This depends on the severity of your injuries and the long-term impact on your health.
• Special damages cover financial losses and expenses, such as lost earnings, care needs and private medical treatment.

According to our personal injury compensation calculator, your payout could be:

• £5,300 to £12,600 for ongoing but minor damage to the airways.
• £12,600 to £55,000 for damage to the lungs causing permanent disability.
• Up to £118,790 for lung cancer.

Can I make a smoke inhalation claim on a No Win No Fee basis?

If your case has merit, our team of solicitors will be able to help you make a no win no fee compensation claim, which means that:

• You don’t pay any upfront fees to your solicitor.
• You only pay a success fee capped at 25% of your compensation if your claim is successful.
• If you lose, you don’t pay your solicitor a penny.

This service ensures there is no financial risk, and your solicitor will work diligently to win your case.

How long will my smoke inhalation claim take?

Each case is unique, so it is difficult to say how long your claim might take to settle without knowing all the details. The timeframe will depend on various factors, such as:

• Whether the other party admits liability.
• The complexity of your injuries and your recovery time.
• The time it takes to gather supporting evidence.
• The length of negotiations and whether court proceedings are needed.

Generally, a straightforward claim for minor injuries could be settled within months, while a complex, high-value claim could take years to resolve.

Will I need to attend court to settle my claim?

The majority of smoke inhalation claims are settled without going to trial. Only a small proportion of very complex cases (2-3%) end up in court. This is typically necessary when liability is disputed, or you cannot agree on a compensation award.

In the unlikely event that your claim must be argued before a judge, your solicitor may be able to represent you. If you must also be present, they will ensure you are fully prepared to answer any questions and will support you every step of the way.

Start a claim for smoke inhalation today!

If you or a loved one suffered smoke inhalation injuries, you may be entitled to compensation. Our team of specialist solicitors can assess your case, explain your legal options and support you throughout the claims process on a no win no fee basis.

For a free consultation over the phone, call 0800 470 0474 today or use our online claim form to request a call back.

Last edited on 12th Sep 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.