Hazardous Substance Claims

Many businesses use hazardous substances in the workplace that can affect the health and safety of employees. The processes that many industries use can also create hazardous substances, and exposure can have severe detrimental effects on a person’s health. Employers are legally required to carry out thorough risk assessments to recognise any potential risks in their environment and, in turn, make adequate provisions for the protection of staff.

If you have suffered an injury or illness due to exposure to hazardous materials in the workplace, you may have a valid claim for personal injury compensation. This will cover the pain and suffering caused to you and any related financial expenses.

To find out if you can pursue a hazardous substance claim, contact us today 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. Do not hesitate to call 0800 470 0474 today or use our online claim form to request a call back.

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Table of Contents

• What substances are hazardous to health?
• Symptoms caused by substances hazardous to health
• What illnesses can be caused by exposure to hazardous substances?
• Am I eligible to make a hazardous substance claim?
• What evidence do I need to support a personal injury claim?
• What legislation is in place to protect against hazardous substances at work?
• Can I make a claim against my employer for exposure to hazardous substances at work?
• What jobs are most at risk of exposure to a hazardous substance?
• Exposure to substances dangerous to health in public places
• Can I claim injury compensation on behalf of a loved one?
• What is the time limit to claim compensation for hazardous substance exposure?
• How much compensation for exposure to hazardous substances can I claim?
• How long will my hazardous substance compensation claim take to settle?
• Can I claim if a loved one passed away from being exposed to a hazardous substance?
• Will I receive a No Win No Fee service?

What substances are hazardous to health?

Many different types of substances can harm a person’s health and can be found in various environments. The solicitors we work with are experienced in processing claims of varying severity and for many different substance exposures. Some of the most common hazardous substances that they process compensation claims for include injury caused by:

• 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, and laboratory reagents, can pose health risks.
• Dust. Fine dust, particulate matter, silica and fibres like asbestos can pose respiratory hazards.
• Agricultural chemicals. Pesticides and weed killers used for pest control can be harmful if not handled properly.
• 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.
• Radiation. Ionising radiation from sources like X-rays, gamma rays, and radioactive materials can cause illness.
• 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.

Exposure to these substances can occur because of the demands of your job, the working environment, the failure of external companies to maintain safe disposal or unavoidable dealings with the products of nearby machinery or processes. Whatever the cause of your hazardous substance exposure, your solicitor will welcome the opportunity to discuss your case to determine how they can support you in securing the compensation you deserve.

Symptoms caused by substances hazardous to health

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 the symptoms you developed as a result of exposure will determine the amount of compensation you could receive for pain and suffering.

What illnesses can be caused by exposure to hazardous substances?

The solicitors we work in partnership with have extensive experience in supporting victims of hazardous substance exposure to achieve the highest compensation awards possible. They have worked with clients who have suffered exposure in a vast array of situations and whose symptoms greatly vary in severity. 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
• Passive smoking-related illnesses
• Carbon monoxide poisoning
• Teflon fumes exposure
• Arsenic poisoning
• Lead poisoning
• Food poisoning
• Polycyclic Aromatic Hydrocarbon (PAH) poisoning
• Radiation illnesses
• 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.

Am I eligible to make a hazardous substance claim?

Before taking on your case, your personal injury lawyer will make sure that 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:

• The defendant 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 from the accident date or when your injury or illness was diagnosed).

Hazardous substance compensation claims can be complex, so we always recommend that you seek legal representation. Your solicitor’s expertise could make the difference between receiving the maximum compensation you are entitled to and not being compensated at all. If they take on your claim, your lawyer will also:

• Discuss your case thoroughly with you to fully understand how you have suffered;
• Arrange for a free independent medical review;
• Help you gather evidence that strongly supports your hazardous substance claim;
• Handle all communication on your behalf;
• Keep you updated about how your case is proceeding.

To find out if you can make a claim, get in touch with a legal adviser today by calling free on 0800 470 0474 or using our online claim form to request a call back.

What evidence do I need to support a personal injury claim?

You will need evidence to support your claim, whether you were exposed to hazardous substances at work or in a public place. This must show how your accident occurred and who was responsible for it. The types of proof your solicitor will try to collect include:

• Medical records. You must seek medical care as soon as possible after exposure to hazardous substances. That will ensure you have the best chance of making a complete recovery, and your medical records 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, and any violations of safety protocols. They can also use any available documentation related to workplace training programs and the provision and use of personal protective equipment, such as masks, gloves, or respirators.
• Witness statements. Statements from anyone who saw the accident or exposure happen are essential, especially if the other side denies liability for the incident. If you were exposed to hazardous substances at work, your co-workers can attest to unsafe working conditions or inadequate safety measures.
• Expert opinions. Your solicitor may seek the informed opinion of specialists such as toxicologists or medical experts who can link the exposure to hazardous chemicals 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, but you should ask as swiftly as possible, as it is usually deleted within a month or so.
• 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.

What legislation is in place to protect against hazardous substances at work?

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) provides guidelines and advice on handling substances that can harm people. COSHH is the law that states what employers must do to control substances that can be hazardous to health. The legislation offers guidance to help prevent or reduce the risk to workers by encouraging employers to:

• Recognise what health hazards are present in the work environment;
• Decide how to prevent risks and harm to the health of employees through risk assessments;
• Provide control measures to minimise risk and make sure the measures are implemented;
• Maintaining control measures and reviewing procedures;
• Providing information, training and instruction to employees;
• Providing monitoring and health surveillance where necessary;
• Making adequate plans for emergencies, such as dealing with spillages;
• Ensure that all chemicals are stored and there are warning signs in place where there is a risk of exposure;
• Replace known toxic materials, processes and equipment with a safer alternative when possible;
• Ensure proper ventilation in areas where harmful substances are used to reduce the risk of inhaling fumes.

If your employer has failed to comply with the COSHH regulations and you were injured by a hazardous substance, you may be able to claim compensation.

Can I make a claim against my employer for exposure to hazardous substances at work?

Some dangerous substances can be recognised easily and can be analysed and managed effectively. Unfortunately, some are less recognisable and can cause significant harm to people who are exposed to them. Thus, your employer must carry out thorough risk assessments to ascertain potential dangers in the workplace.

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.

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.

What jobs are most at risk of exposure to a hazardous substance?

 Some jobs and industries pose a higher risk of coming into contact with dangerous substances and materials. These include:

• Healthcare. Healthcare professionals may encounter dangerous chemicals, drugs, and contagious diseases.
• Construction. Construction workers often come into contact with various chemicals, solvents, and materials that can pose health risks, such as paints, adhesives, and dust.
• Manufacturing. Manufacturing and industrial workers may be in contact with a wide range of unsafe substances like chemicals, metals, and airborne particles.
• Agriculture. Farmers and agricultural workers may be exposed to pesticides, fertilisers, and contaminated soil that can cause various illnesses.
• Metalworking. Welders are exposed to metal fumes, gases, and other dangerous byproducts linked with lung diseases and asthma.
• The beauty industry. Hairdressers and beauticians regularly use hair dyes, bleaches, acetone and other substances that could pose risks if not handled appropriately.
• Cleaning. Cleaners are exposed to chemicals such as bleaches and disinfectants on a daily basis, which can cause burns, lung diseases and blindness.
• Rubbish disposal. Workers in waste management are among the most exposed to harmful chemicals, fumes and biological agents that could cause severe health issues.
• Mining. Miners encounter many harmful substances, such as dust, gases, and potentially toxic minerals.
• Pest control. Professionals involved in pest control may use pesticides and chemicals to manage pest infestations, posing a risk of exposure.
• Auto body shops. Garage workers may be exposed to exhaust fumes, fluids, engine oils, solvents, and paints that could cause injuries and illnesses.

Although the industries listed above are among the most common, you could come into contact with dangerous substances or materials in any workplace. So, regardless of the industry you work in, if you have suffered an injury caused by hazardous substances, you may be entitled to compensation.

Exposure to substances dangerous to health in public places

Claiming compensation for exposure to hazardous substances is not limited to workplace claims. Innocent parties can also come into contact with these dangers following industrial disasters or the illegal disposal of toxic waste. Those exposed to these substances can suffer severe illness, and the results can even be fatal.

The Strategy for Hazardous Waste Management in England outlines the waste management and disposal guidelines for those producing hazardous waste. If you have suffered an illness or suffering because of toxic waste and another party was liable for the harm caused, you should contact a solicitor to discuss your legal right to make a hazardous substance injury claim.

Under the Occupiers Liability Act 1957, you can also be entitled to 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 improper storage of hazardous materials.

Can I claim injury compensation on behalf of a loved one?

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. Your solicitor will help you fill in and file all the necessary documents. The court will review the circumstances and decide whether you are suitable to be named as their litigation friend. They will verify whether:

• You can conduct legal proceedings fairly and competently
• You do not have a conflict of interest with the injured party

If the court approves you as a litigation friend, you will be responsible for acting in the claimant’s best interests. This may involve making decisions about the case, negotiating settlements, and managing any compensation awarded to them. You will also have to deal with correspondence, liaise with solicitors and gather evidence to support the hazardous substance claim.

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

Although three years might seem like a long time, we always suggest that you start your claim as soon as possible. If you have a valid case, this will give your lawyer plenty of time to gather proof and assess the full extent of the damages caused. It will also ensure that you and any witnesses remember any essential details about the incident and will preserve the strength of evidence available.

There are a few exceptions to the three-year time limit:

• With child injury claims, the three year time limit only begins when the injured child becomes an adult. Either a parent or legal guardian can claim on their behalf while they are a child. Or they can wait until they are 18 and will have until their 21st birthday to claim compensation for exposure to a dangerous substance.
• If the claimant is a protected party due to lacking 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 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. To secure the highest settlement figure, your solicitor must demonstrate the defendant’s liability and prove the extent of the illnesses and losses sustained.

Your compensation payment will not only cover the physical impact and mental suffering caused by your injury or illness (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). When building your case, your solicitor will thoroughly review all areas of suffering and damages to ensure you receive the maximum compensation amount available.

Special damages are based on evidence such as medical bills, invoices and bank documents. General damages are subjective and based on the Judicial College guidelines. According to our compensation calculator, you could receive:

• £8,640 to £18,020 for dermatitis, depending on the severity of symptoms and recovery prospects
• £3,950 to £9,540 for food poisoning that causes significant discomfort but where a full recovery is made within a year or two
• £38,430 to £52,500 for severe toxicosis that requires hospital admission and has a substantial impact on your ability to work and enjoy life
• £5,320 to £12,590 for a temporary injury to the lungs caused by inhaling toxic fumes or smoke
• £17,960 to £48,420 for severe facial disfigurement and psychiatric damage
• Over £104,830 for severe burns that cover 40% or more of the body

How long will my hazardous substance compensation claim take to settle?

Each case is unique, so it is difficult to say how long it may take to settle a claim for hazardous substance injuries. Straightforward claims where liability is admitted from the outset can be resolved within a few months, while complex cases can take years to settle. Some of the factors that will influence how long your claim may take include:

• The nature and severity of your injuries or illness
• The circumstances of your accident
• Whether there are multiple parties involved in the incident
• Whether the other side admits liability
• How long it may take for you to make a full recovery or to know the full extent of any permanent damage you suffered
• The amount of time needed to collate the necessary supporting evidence
• The estimated value of your compensation award and how lengthy negotiations are
• Whether your case goes to court

If you start your claim early and the defendant admits liability for your injuries, your solicitor may be able to secure an interim payment. This type of payment is awarded to cover pressing financial problems caused by your injuries, such as loss of earnings or the cost of private treatment.

Can I claim if a loved one passed away from being exposed to a hazardous substance?

If you lost a loved one due to someone else’s negligence, you might be entitled to compensation. As a general rule, you could start a claim if you qualify as their dependant under the Fatal Accidents Act 1976 and you are either:

• A spouse or former spouse
• A civil partner or former civil partner
• Someone living with them as a spouse or civil partner for at least two years
• A child or another descendant or anyone treated as a child
• A parent or another ascendant or anyone treated as a parent
• A sibling, aunt or uncle

A claim under the Fatal Accidents Act could include the following:

• Compensation for the financial benefits expected from your loved one – These can include salaries, bonuses, commissions, loss of pensions, health insurance, investments and other forms of earned income.
• Compensation for the loss of services your loved one provided – Examples include cleaning, cooking, household maintenance, childcare, DIY projects, gardening, running errands and emotional support.
• Funeral expenses that you paid for – The claim could cover reasonable funeral costs, such as the cost of the coffin, transporting the body to the grave, wreaths and the headstone, but not expenses like funeral clothes or the cost of probate.
• Financial losses and expenses incurred by your loved one – You could also recover compensation for all the economic losses your loved one incurred due to their illness, such as medical treatments, lost wages, care costs, and home modifications.
• A bereavement award of £15,120 – This payment is limited to spouses and parents and serves as recognition of the wrongful death and the grief this has caused you.

Will I receive a No Win No Fee service?

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.

Any expenses, such as court fees and the cost of medical reports, will be covered by an After the Event (ATE) insurance policy, which your solicitor will arrange at the beginning of your claim.

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.