If an air pollution related injury has set you back, we'll help you move forward
Exposure to toxic air pollution can have serious respiratory and health impacts. Compensation claims can address health monitoring, treatment costs, and any long-term care needs.
If your life, or the life of a loved one, has been affected by an air pollution injury, we can help. You can make a No Win, No Fee compensation claim with the help and support of a specialist solicitor.
You are not alone
UK government data estimate that air pollution contributes to between 28,000 and 36,000 premature deaths every year (gov.uk).
The Department for Environment, Food & Rural Affairs (DEFRA) (gov.uk) 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.
If you decide to make an air pollution claim, your work injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.
How much compensation can I claim for air pollution?
The compensation you can claim for air pollution depends on several factors:
- how severe your illness is,
- the way your illness affects your day-to-day life and work,
- any financial expenses or losses you?ve had due to your illness.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages will be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.
These damages will also cover the cost of any medical procedures you might need to treat or recover from your injury such as respiratory treatment.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average air pollution general damages compensation table
The following air pollution payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Asthma & breathing difficulty
| Severity | Example | Amount |
|---|---|---|
| Mild | Mild asthma, bronchitis, colds, & chest problems that resolve within months | Up to £5,710 |
| Modest | Relatively mild asthma-like symptoms | £11,810 to £21,300 |
| Bronchitis/Wheezing | Bronchitis and wheezing that affects your work and social life | £21,300 to £29,170 |
| Chronic | Chronic asthma that causes breathing difficulties and you require an inhaler from time to time | £29,170 to £47,720 |
| Severe | Severe and permanent disabling asthma, and/or prolonged and regular coughing that affects your daily life and ability to work | £47,770 to £72,950 |
Chest injuries
| Severity | Example | Amount |
|---|---|---|
| Toxic fume or smoke inhalation | Some lung damage, but lung function is not affected | £5,910 to £13,970 |
| Damage to chest or lung | Some ongoing disability | £34,740 to £60,840 |
Lung disease
| Severity | Example | Amount |
|---|---|---|
| Temporary aggravation of bronchitis | Temporary aggravation of existing bronchitis or other chest problems, with recovery in a few months | £2,450 to £5,910 |
| Slight breathlessness | Slight breathlessness with no effect on your working life, with full recovery expected within a few years likely | £11,810 to £23,070 |
| Bronchitis and wheezing | Bronchitis and wheezing with little or no impact on your work or social life | £23,070 to £34,740 |
| Breathing difficulties | Breathing difficulties and/or asthma that requires frequent use of an inhaler, and that affects your daily life and ability to work | £34,740 to £60,840 |
| Lung disease | Emphysema and other lung conditions with symptoms including difficulty breathing and impaired lung function that affects your life and work | £60,810 to £77,690 |
| Lung cancer | Typically in an older person, causing severe pain, reduced lung function and lower quality of life | £77,690 to £107,990 |
Am I eligible for air pollution compensation?
You will be able to claim compensation if you've been injured or diagnosed with an illness in the last three years and it wasn't your fault.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Can I make a claim even if I'm partly liable?
Pinpointing liability for an accident will depend on the context, with different legal principles applying to different circumstances.
In our 2024 Work Injury Claimant Survey, 26.02% of injured workers felt they were at least partly responsible for their accident or injuries.
Even if you think you might have been partly responsible, you could still be eligible to make a claim. With workplace injuries, it's often possible to claim compensation from your employer, regardless of whether your own actions or those of a colleague played a role in the incident.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long do I have to start an air pollution injury claim?
In most cases, you have up to 3 years from the date of your accident or injury to start a claim.
You may still be able to claim compensation if you were injured by another's negligence and you only discovered it later. Generally, the clock starts ticking from the date you were diagnosed or became aware of your injury.
Who is responsible for my air pollution exposure?
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.
Your solicitor will gather medical and other evidence to establish the source of the air pollution that caused your ill health, and determine who is liable to pay compensation.
Read more:
Personal Protective Equipment (PPE) injury claims
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.
How did your air pollution injury happen?
The claims process will vary depending on how you were exposed to air pollution. Click the icons below to learn more:
Can I make a no win, no fee injury claim?
Yes. With no win, no fee, you can claim injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to an injury specialist about your claim?
- Calls are FREE
- Confidential consultation
- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
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or arrange a callbackSources
About Air Pollution - Defra, UK (reviewed: 29/07/2024)
Author:
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.