Chemical Burn Claims
A chemical burn can be an excruciating injury that could lead to disfigurement and disability. Many chemical burn injuries occur within the workplace, and industries…
Read moreHazardous substance claims
If you’ve suffered an injury or illness due to the exposure of hazardous substances at work, we can help you claim the compensation you deserve.
- Get free impartial advice with no obligation
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Hazardous Substance Claims
Exposure to hazardous substances at work can have serious and long-lasting effects on your health. If you have suffered avoidable harm because of your employer’s negligence, you could be eligible to make a hazardous substance claim for personal injury compensation.
Employers are legally required to carry out thorough risk assessments to identify potential hazards and make adequate provisions for staff protection. A successful claim against your employer can cover the pain and suffering caused to you and any related financial expenses.
Call 0800 470 0474 today or request a call back for a free case assessment with an experienced solicitor. They can let you know within minutes if you are entitled to compensation and answer any questions or concerns you may have about the process.
Key points about hazardous substance claims
- Am I eligible to claim?
You can claim if you suffered illness or injury from unsafe exposure to hazardous substances at work. - Who can I claim against?
Your employer may be liable for failing to provide proper protective equipment or training. - When should I claim?
You have 3 years to start your claim from the date of diagnosis or knowledge of the condition. - How much is my claim worth?
Compensation will depend on the severity of the condition, its impact on your life and work, and related financial losses. - Will I have to pay legal fees?
Your solicitor will offer a no win, no fee service – so you only pay them a fee if they win your claim.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
Am I eligible to make a hazardous substance claim against my employer?
Yes. A personal injury lawyer will take on your case if you have a fair chance of making a successful claim and being awarded compensation. They will offer you a free initial consultation and ask you a few questions to verify whether:
- Your employer owed you a legal duty of care,
- They breached their duty towards you by acting negligently.
- Their negligence led to an accident involving hazardous substances.
- You suffered an injury or illness as a result.
- This happened within the relevant time limit (usually three years).
If your employer has failed to provide a safe working environment, which has harmed you, you should be eligible to make an accident at work claim for compensation.
What legislation is in place to protect against hazardous substances at work?
The Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) provide guidelines and advice on handling substances that can harm people.
Under this legislation, employers must take the following steps to prevent or reduce the risk to workers:
- Recognise what health hazards are present in the work environment.
- Provide control measures to minimise risks and ensure they are implemented.
- Provide information, training and instruction to employees.
- Offer monitoring and health surveillance where necessary.
- Make adequate plans for emergencies, such as dealing with spillages.
- Ensure that all chemicals are adequately stored and disposed of.
- Make sure there are warning signs in place where there is a risk of exposure.
- Replace toxic materials, processes, and equipment with safer alternatives when possible.
- Ensure proper ventilation in areas where harmful substances are used.
- Provide adequate personal protective equipment (PPE) when necessary.
If your employer has failed to comply with the regulations and you were injured by a hazardous substance in the workplace, you may be able to claim compensation.
What is the time limit to claim compensation for hazardous substance exposure?
Under the Limitation Act 1980, there is a three-year time limit to make a claim for hazardous substance exposure. The limitation period will begin from:
- The date of the incident that caused your injury or illness.
- The date of knowledge, which is when a doctor diagnosed your illness and linked it to exposure to a harmful substance.
There are a few exceptions to the three-year time limit:
- A child injury claim can be made by a parent or legal guardian at any time before the child turns 18. Or they can wait until they are 18 and will have until their 21st birthday to claim compensation themselves.
- If the claimant is a protected party due to a lack of mental capacity, the time limit is suspended. A litigation friend can start a claim on their behalf at any time.
- If you lost a loved one due to someone else’s negligence, you can make a claim for hazardous substances compensation within three years after their death.
How do I make a claim for exposure to dangerous substances?
If you were exposed to hazardous substances at work, it is essential to seek immediate medical attention. You should also report the accident to your employer and seek legal advice as soon as possible.
If you can proceed with a personal injury claim, your solicitor will help you gather all the supporting evidence you need, including:
- Medical records. These will prove your diagnosis and the extent of your suffering.
- Workplace records. Your solicitor can use workplace records that may indicate the presence of hazardous substances, safety measures in place, training programs, PPE, and any violations of safety protocols.
- Witness statements. Statements from anyone who saw the accident or exposure happen are essential, especially if the other side denies liability for the incident.
- Expert opinions. Your solicitor may seek the informed opinion of specialists such as toxicologists or medical experts who can link the exposure at work to the resulting health issues.
- Visual evidence. To support a claim, you can use photographs or videos of the accident scene, workplace conditions, hazardous substance storage, or any visible signs of unsafe practices.
- Accident report forms. Ask for a copy of any report related to your accident, whether at work or in a public place. This could be an accident report book entry or a formal report from the Health and Safety Executive if they investigated the incident.
- CCTV footage. Many workplaces and public premises have security cameras installed. If your incident was recorded, you have the right to request the CCTV footage.
- Financial records. Keep all the receipts, invoices, payslips, and other documents related to the financial losses you want to include in your hazardous substance claim.
How much compensation for exposure to hazardous substances can I claim?
The amount of compensation you are awarded will depend upon the severity of your case, your financial losses, and the level of harm caused to you.
Your compensation will not only cover the physical impact and mental suffering caused by your injury (general damages). It will also include loss of earnings to date and in the future, the cost of treatment, travel expenses and any related financial losses (special damages).
According to our compensation calculator, which is based on the Judicial College guidelines, you could receive:
| Injury Type | Average Payout |
|---|---|
| Minor eye injuries with complete recovery | £3,950 to £8,730 |
| Temporary injury to the lungs caused by inhaling toxic fumes | £5,320 to £12,590 |
| Dermatitis, depending on severity and recovery prospects | £8,640 to £19,200 |
| Asthma, with relatively mild symptoms | £10,640 to £19,200 |
| Severe facial disfigurement and psychiatric damage | £17,960 to £48,420 |
| Mesothelioma with reduced lung function and quality of life | £65,710 to £118,150 |
| Severe chemical burn injuries that cover 40% or more of the body | Over £104,830 |
Can I make a No Win No Fee hazardous substance claim?
If you are eligible to make a claim for compensation, your solicitor will be happy to offer you a conditional fee agreement. This service ensures that you have access to legal representation regardless of your financial circumstances. You can start your claim without having to worry about legal fees, as you do not have to pay anything upfront.
Your solicitor will only receive a fee if you win the claim. This success fee is up to 25% of your compensation award and accounts for the risk involved in taking on the case on a no win no fee basis. If you lose, you do not have to pay anything.
Hazardous substance claim FAQs
Many different types of substances from various environments can cause injury and harm your health. Some of the most common hazardous substances seen in compensation claims include:
- Vapours and fumes. Volatile substances, including paint fumes, welding fumes, and vapours from certain chemicals, can be harmful when inhaled.
- Chemicals. Many chemicals, including industrial chemicals, cleaning agents, solvents, pesticides and laboratory reagents, can pose health risks.
- Dust. Fine dust, particulate matter, silica and fibres like asbestos can pose respiratory hazards.
- Gases. Gases such as carbon monoxide, hydrogen sulfide, chlorine, and ammonia can be harmful if inhaled.
- Biological toxins. Toxins produced by specific organisms, such as moulds or certain plants, can pose health risks.
- Flammable substances. Liquids, gases, or highly flammable or combustible solids can pose fire and health hazards.
- Allergens. Substances like pollen, mould spores, animal dander, and certain chemicals can trigger allergic reactions.
- Heavy metals. Metals like lead, mercury, cadmium, and arsenic can have toxic effects on the body, especially with prolonged exposure.
Symptoms resulting from dangerous substance exposure can vary widely based on the type of substance, the duration and the level of exposure. The most common ones include:
- Respiratory symptoms, such as coughing, wheezing, shortness of breath and chest tightness.
- Skin symptoms like rashes, itching, burns or irritation.
- Eye symptoms like pain, redness, watery eyes and blurred vision.
- Neurological symptoms, such as headaches, dizziness, nausea, fatigue and loss of coordination.
- Gastrointestinal problems like nausea, vomiting, diarrhoea and abdominal pain.
- Allergic reactions like sneezing, runny nose, hives, itchy or watery eyes.
- Systemic symptoms like fever, malaise, chills and flu-like symptoms.
- Psychological symptoms like anxiety, depression and cognitive impairment.
- Some substances, such as certain chemicals and asbestos, can lead to cancer over time.
The type and severity of your symptoms will determine the amount of compensation you could receive for pain and suffering.
Some of the most common illnesses that are presented to personal injury solicitors as a result of exposure to hazardous substances include:
- Gastroenteritis and other illnesses caused by E. Coli.
- Pesticide poisoning.
- Carbon monoxide poisoning.
- Teflon fume exposure.
- Arsenic poisoning.
- Lead poisoning.
- Food poisoning.
- Polycyclic Aromatic Hydrocarbon (PAH) poisoning.
- Leptospirosis and Weil’s Disease.
- Trichloroethylene (TCE) a.k.a. ‘trike’ poisoning.
- Various types of cancer.
- Reproductive issues.
This is not an exhaustive list, so if you have suffered a different illness or other symptoms caused by negligent exposure, you may still have a valid hazardous substance injury claim.
Some jobs and industries pose a higher risk of coming into contact with dangerous substances and materials. These include:
- Healthcare – hazardous chemicals, drugs, and contagious diseases.
- Construction – various chemicals, solvents, and materials that can pose health risks, such as paints, adhesives, and dust.
- Manufacturing – a wide range of unsafe substances like chemicals, metals, and airborne particles.
- Agriculture – exposure to pesticides, fertilisers, and contaminated soil that can cause various illnesses.
- Metalworking – metal fumes, gases, and other dangerous byproducts linked with lung diseases and asthma.
- The beauty industry – hair dyes, bleaches, acetone and other substances that could pose risks if not handled appropriately.
- Cleaning – exposure to bleaches and disinfectants on a daily basis, which can cause burns, lung diseases and blindness.
- Rubbish disposal – high exposure to chemicals, fumes and biological agents that could cause severe health issues.
- Mining – many harmful substances, such as dust, gases, and potentially toxic minerals.
- Auto body shops – exhaust fumes, fluids, engine oils, solvents, and paints that could cause injuries and illnesses.
Regardless of the industry you work in, if you have suffered an injury caused by hazardous substances, you may be entitled to compensation.
Making a negligence claim is your legal right, and you cannot be sacked or disciplined for taking legal action. That would be unlawful, and you could take further action under unfair dismissal laws.
If this happens, a lawyer can help bring your case to an employment tribunal, which may order your employer to compensate or reinstate you.
Yes, you may be entitled to claim compensation even if your employer is no longer trading. Industrial diseases caused by exposure to hazardous chemicals often take years and even decades to develop, which means the company you worked for may no longer exist.
Under such circumstances, your solicitor will trace your former employer’s insurer using records such as the Employers’ Liability Tracing Office (ELTO). If the insurer can’t be traced either, your solicitor can advise you on alternative options for securing compensation.
Claiming compensation for exposure to hazardous substances is not limited to workplace accidents. Under the Occupiers Liability Act 1957, you can also be entitled to make a public liability claim if you came into contact with a hazardous substance in situations such as:
- You suffered burn injuries at a swimming pool due to inadequate quality controls of the water.
- You came into contact with pesticides in a park or garden.
- You suffered carbon monoxide poisoning due to an open fire in a hotel or restaurant.
- You were injured in a supermarket due to a leaking cleaning product on the shelf.
- You were made ill by a gas leak because your landlord has failed to maintain your building adequately.
- You suffered food poisoning at a restaurant due to substandard hygiene practices.
- Your child was injured at school due to the improper storage of hazardous materials.
Yes. If someone close to you was made ill or injured by a hazardous substance or material and cannot handle the claims process themselves, you could seek compensation for them. The typical situations in which you could claim on someone else’s behalf are:
- The injured person is a child under 18, so cannot legally make a claim themselves.
- The claimant is an adult who lacks mental capacity due to hazardous substance exposure or a pre-existing condition such as Down syndrome, schizophrenia or Alzheimer’s disease (known as a protected party under the Mental Health Act 1983).
To be able to make a claim for injuries for your loved one, you must be appointed as their litigation friend by the court.
You can read more about the process here: What is a litigation friend?
Each case is unique, so it is difficult to say how long it may take to settle a claim for hazardous substance injuries.
Typically, straightforward claims where liability is admitted from the outset can be resolved within a few months, while complex cases can take years to settle.
Read more: How long will a personal injury claim take?
Yes. If you lost a loved one due to someone else’s negligence, you might be entitled to make a fatal accident claim. A claim under the Fatal Accidents Act 1976 could include the following:
- Compensation for the financial benefits expected from your loved one.
- Compensation for the loss of services your loved one provided.
- Reasonable funeral expenses that you paid for.
- Financial losses and expenses incurred by your loved one before their death.
- A bereavement award of £15,120.
To find out if you can start a hazardous substance claim, call 0800 470 0474 today for a free consultation with a legal adviser. Alternatively, you can enter your details into our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
