Air Pollution Compensation Claims

If your life, or the life of a loved one, has been affected by an air pollution injury we can help.

The purpose of this guide is to help anyone who has suffered an air pollution injury 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 air pollution compensation:

Introduction

According to the World Health Organisation (WHO), there are 4.2 million premature deaths worldwide every year due to ambient air pollution,

Department for Environment, Food & Rural Affairs (DEFRA) state that air pollution can cause breathing problems, damage to the heart, and some types of cancer. Although air pollution has decreased in recent years, it still has the potential to impact your health in the short and long term.

Air pollution can affect anyone, but factory workers, plant workers, and people employed in construction and engineering are particularly at risk.

If you have been injured or made ill following exposure to air pollution, you may be able to claim compensation.

Who is responsible for air pollution?

If you have experienced ill health because of air pollution in your working environment, it is likely that your employer will be liable - particularly if:

  • health and safety procedures were not followed
  • appropriate training was not provided
  • your employer failed to provide Personal Protective Equipment (PPE), such as masks, gloves, and footwear.

If you have become ill as a result of air pollution from a site near your home or workplace, the organisation responsible for the site (e.g. the building contractor or engineering firm) could be held liable.

It may be that an industrial plant has dumped chemicals without taking appropriate precautions.

What should you do if you have become ill due to air pollution?

After seeking medical assistance you should seek legal assistance. A free consultation with a personal injury solicitor will give you an indication of whether or not your claim is likely to be successful, and how much it might be worth.

If you decide to proceed with a claim, your solicitor will work with you to prove that you have suffered air pollution as a result of the negligence of another party.

Proving that another party's negligence polluted the air and led to your illness or injury can be difficult. If possible, you should gather as much evidence as possible to support your claim. Evidence could include:

  • A diary of events
  • A medical diary (chronology of your symptoms and how they have impacted your day-to-day life.)
  • A medical report from a doctor or specialist
  • Witness statements
  • Accounts from other people affected by the air pollution
  • Photographs from the suspected source of the pollution

You should also keep receipts for all expenses incurred as a result of your illness.

Do I have an air pollution claim?

It should be possible to make an air pollution claim if:

  • you were diagnosed in the last three years and;
  • someone else, such as your employer, was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To get impartial advice on whether you have a claim, speak to injury claims expert on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

How much compensation can I claim?

Compensation is broken down into two parts; General Damages and Special Damages.

General Damages include any pain and suffering you have experienced as well as physical limitations. Awards for general damages are set by the Judicial College and published in their Guidelines for the Assessment of General Damages in Personal Injury.

Special Damages are awarded to compensate for financial losses due to your illness, such as not being able to work, medical expenses, and financial losses.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Calculate compensation

How does no win, no fee work?

No win, no fee removes the risk from making an air pollution claim. If you don't win any compensation, you won't have to pay your solicitor any legal fees.

Our no win, no fee guarantee

Our no win, no fee guarantee means there is no financial risk in making an air pollution claim - even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my air pollution claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after 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 air pollution claim?

If your air pollution claim is not successful then you won't have to pay your solicitor any fees. 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, and 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 376 1001 or arrange a callback:

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Air pollution 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.

Read more about claiming on behalf of another person.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make an air pollution claim?

In general, you have a time limit of up to 3 years from the date of the air pollution to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your air pollution claim becomes 'statute barred'.

Can I claim for an air pollution 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.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim air pollution compensation.

In reality, there are a number of factors that can affect whether an air pollution claim will be taken on by a solicitor.

Calculate your claim limitation date

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.

Read more: Will my injury claim go to court and what if it does?

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.

Read more: Will I have to visit a solicitor's office?

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.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher