Air pollution injury
compensation claims

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

According to the World Health Organisation (WHO), there are 6.7 million premature deaths worldwide every year due to ambient air pollution (who.int).

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.

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.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

• the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

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.

How is compensation calculated if I have multiple injuries?

Special damages

If it can be proved that your injury left you unable to work, special damages can 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

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 injury happen?

The claims process will vary depending on how your air pollution happened. Click the icons below to learn more:

Work accidents Public places Other accidents

Citations

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.