Diesel Exhaust Fumes Cancer Compensation Claims
If you have been affected by cancer we can help.
The purpose of this guide is to help anyone who has suffered cancer and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
diesel exhaust fumes cancer compensation:
In 2012, the World Health Organisation (WHO) re-classified diesel fumes as a ‘definite carcinogen', putting it in the highest category of cancer causing agents. This was based on evidence that showed diesel fumes directly cause lung cancer, and also possibly bladder cancer.
People who have been diagnosed with these cancers should consider whether they have been exposed to diesel fumes. Many professions, such as agriculture, construction, energy extraction, mining, rail, shipping, transport/logistics, tunnelling, vehicle repair and warehousing are all considered high risk.
If the diesel exposure is viewed as being an active agent in the cancer, compensation can be sought.
Do I have a diesel exhaust fumes cancer claim?
It should be possible to make a diesel exhaust fumes cancer claim if you were injured:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a diesel exhaust fumes cancer claim on their own behalf.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your diesel exhaust fumes cancer. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
The amount of money you could claim for your diesel exhaust fumes cancer will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your diesel exhaust fumes cancer has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a diesel exhaust fumes cancer? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Diesel exhaust fumes cancer compensation amounts
The following diesel exhaust fumes cancer payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Lung disease||Moderate||Slight breathlessness recovery in a few years||£8,480 to £24,950|
|Lung disease||Serious||Breathing difficulties needing use of an inhaler||£24,950 to £55,830|
|Lung disease||Severe||Life-threatening disease affecting a young person||£80,250 to £108,370|
|Lung disease||Severe||Lung cancer causing severe pain and impairment||£55,830 to £108,370|
What is the average injury compensation for a diesel exhaust fumes cancer claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a diesel exhaust fumes cancer will depend entirely on your specific circumstances.
Your diesel exhaust fumes cancer compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Diesel exhaust fumes cancer compensation
Calculating how much compensation you can claim for a diesel exhaust fumes cancer injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your diesel exhaust fumes cancer claim could be worth now:
How long does a cancer claim take?
The length of time needed to secure compensation for cancer can vary significantly.
A simple liability accepted injury claim can settle in a matter of weeks. If liability is denied, however, a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. Read more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your diesel exhaust fumes cancer claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How do diesel exhaust fumes cause cancer?
According to Cancer Research UK's carcinogen expert, Professor David Philips, when diesel burns inside an engine it releases two potentially cancer-causing agents: microscopic soot particles and chemicals called polycyclic aromatic hydrocarbons (PAHs).
The soot can get lodged in the lungs causing mutation and inflammation, whilst the PAHs which coat them can damage DNA cells in the lungs.
Although this tells us how, the exact conditions, such as exposure time or which agent contributes most to getting cancer, are not known. What is known, according to the International Agency for Research on Cancer (IARC), is that people regularly exposed to diesel exhaust fumes at work can be up to 40% more likely to develop lung cancer.
Who is legally responsible?
Responsibility for hazardous substances in the workplace, such as diesel fumes, usually falls on the company or individual employer. Legally, employers have a duty to reasonably protect their workers from harm, so if an employee suffers through a failing in this respect the employee can look to them for liability.
A range of legislation and guidelines influence this, including the Health and Safety at Work etc. Act 1974 and The Control of Hazardous Substances to Health Regulations 2002.
The Control of Hazardous Substances to Health Regulations 2002 is intended to protect workers from dangerous substances such as diesel fumes. To follow these, employers are required to:
- Identify dangerous substances and carry out a risk assessment
- Implement measures to prevent or minimise exposure
- Instruct and train staff on the risks as well as the specified safety practices
- Maintain all safety equipment and continually monitor risks
- Ensure first aid and emergency facilities are provided
In the case of diesel fumes, employers (at least since diesel fumes were classified as a ‘probable' or ‘definite' cause) should be taking the risk of cancer into account in their planning. This includes employing adequate measures to prevent or minimise exposure, such as ensuring adequate ventilation/extraction apparatus is in place and providing staff with sufficient personal protective equipment like breathing masks.
If these measures were not taken, it is possible that the diesel fumes present could have caused the cancer. Even when such measures were taken, if they were not done sufficiently, for example, the protective equipment was faulty or ill-fitting, the employer's negligent actions could still have contributed to the cancer.
Making a case for diesel fume cancer compensation
If a person has become ill with cancer as a result of exposure to diesel fumes, whether at work or otherwise, they deserve the best in medical care and treatment. They also deserve to be reimbursed for any financial losses they have incurred as a result, such as being unable to work for an extended period.
Ultimately, an employer is responsible, but only if it can be proven that they did not uphold their responsibilities to protect the employee from harm. In order to prove this, evidence is likely needed to demonstrate the role the employer played in the exposure.
Finding this may be difficult, as cancer can take years to develop. The claim may have to rely on witnesses and company records, with more recent medical reports being used to show prognosis.
This is why seeking help from legal professionals can be extremely worthwhile. The team at Quittance specialise in personal injury claims and can assist in the process.
No win, no fee - the facts
No win, no fee means that your solicitor will not charge you anything at all if your diesel exhaust fumes cancer claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.
No win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a diesel exhaust fumes cancer injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my diesel exhaust fumes cancer claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my diesel exhaust fumes cancer claim?
If your diesel exhaust fumes cancer claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Diesel exhaust fumes cancer FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a diesel exhaust fumes cancer claim?
In general, you have a time limit of up to 3 years from the date of the diesel exhaust fumes cancer to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your diesel exhaust fumes cancer claim becomes 'statute barred'.
Can I claim for a diesel exhaust fumes cancer after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim diesel exhaust fumes cancer compensation.
In reality, there are a number of factors that can affect whether a diesel exhaust fumes cancer claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.