Air pollution compensation claims

Updated: October 8, 2018

Introduction

According to DEFRA, 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 on your health in both the short and long term.

Air pollution can be caused by working in a factory or plant, and by emissions from construction or engineering activities in the public domain.

If you have suffered because of air pollution, you may be able to claim compensation.

Air polluting chimneys
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Do I have an air pollution claim?

If you have been injured in the last three years and someone else was to blame, then we can help you make a compensation claim.

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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 is responsible. This is particularly relevant if health and safety procedures have not been followed, if you have not been given appropriate training, or if your employer has failed to provide Personal Protective Equipment (PPE) such as masks, gloves and footwear.

If you have become ill as a result of air pollution caused by a site near your home or workplace, the organisation responsible for the site can be held liable. This could be a building contractor or engineering firm. If the firm has dumped chemicals without taking appropriate precautions, for example, you can attribute your illness to their lack of care.

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

After seeing a doctor, and ensuring that you have received appropriate medical attention, you should contact a solicitor.

Quittance's panel of solicitors have the knowledge and experience to deal with air pollution compensation claims and can advise you on every step of the process. The Quittance panel can give you an indication of whether or not your claim is likely to be successful, and how much it might be worth.

Your solicitor will work with you to prove that you have suffered air pollution as a direct result of the negligence of a person or organisation. Therefore, it is important to gather as much evidence as possible to support your claim. You should also keep receipts for all expenses incurred as a result of your illness, and it is a good idea to keep a diary of your symptoms and how they have impacted on your day to day living.

A claim for air pollution compensation comprises two parts: General Damages and Special Damages.

General Damages include any pain and suffering you have experienced as well as physical limitations. Special Damages are awarded to compensate for financial losses due to your illness, such as not being able to work or additional medical expenses.

It is important that you seek legal advice as soon as you can, as there is usually a time limit applied to claims for compensation.

This is usually three years, although there are some exceptions to this rule. For example, people under the age of 18 usually have three years from their 18th birthday to lodge a claim, regardless of when the injury was sustained. If you are in any doubt, the Quittance panel of solicitors can advise you on how the time limits might apply to your case.

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How does No Win, No Fee work for air pollution claims?

No Win, No Fee agreements, also known as CFAs or "Conditional Fee Agreements", are the basis of a claim for personal injury compensation.

The CFA is essentially the contract between you and the lawyer.

The agreement details the service delivered by your lawyer as well as a "success fee". The "success fee" will be the percentage that will be taken from your total compensation after your case is successful.

Choosing a Quittance solicitor, you have peace of mind with the knowledge that there will be nothing whatsoever to pay at the outset.

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How much compensation can I claim for an air pollution injury?

The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.

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Meet the QLS team

The national network of QLS solicitors help injured people with all types of industrial disease claims, from relatively minor claims to catastrophic injury. Chosen for their track record in winning claims, Quittance's panel solicitors have years of experience handling claims on behalf of injured claimants.

Click here to meet more of the team.

Kevin Walker Serious Injury Panel Solicitor
Tim Fieldhouse Industrial Disease Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor
Paul Carvis, Personal injury solicitor

About the author

Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.

Read more about this Quittance Legal Expert

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