Carbon Monoxide Poisoning Compensation Claims

If your life, or the life of a loved one, has been affected by a carbon monoxide poisoning, we can help.

Claiming injury compensation with a solicitor

You can make a hazardous substances compensation claim with the help and support of a specialist solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove that the exposure caused your injuries or illness. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a hazardous substances exposure claim on a No Win No Fee basis.

In this article

Claiming carbon monoxide poisoning compensation

If you have been diagnosed with an illness or health condition caused by carbon monoxide poisoning, and you were exposed to the gas by someone else's negligence, you may be able to claim compensation.

What causes carbon monoxide poisoning?

Carbon monoxide (CO) is a gas which is produced from the incomplete burning of fuels such as wood, coal, oil and gas. Carbon monoxide is odourless and colourless. It is extremely dangerous when inhaled, and can cause illness and even death.

Carbon monoxide is frequently found in industrial areas, mines and garages, and can also be found in homes or offices, if a defective heater is in use for example.

How do I know if I have been affected by carbon monoxide poisoning?

People often don't know carbon monoxide is present until they begin to suffer from the side effects of inhaling it.

When carbon monoxide is inhaled into the lungs, it enters the bloodstream and depletes the amount of oxygen present in the blood. When cells in the body are deprived of oxygen they begin to die.

If you think you have been exposed to CO (or are currently being exposed) you should immediately report your concerns and seek medical attention. A GP or hospital visit will confirm whether you are likely to be suffering from CO poisoning. If exposure is confirmed, you should take immediate steps to remove yourself from the hazard until it can be made safe.

What are the symptoms of carbon monoxide poisoning?

The severity of carbon monoxide poisoning symptoms can be affected by how long the sufferer was exposed to the gas, and how concentrated the gas was. Exposure in a small, well-insulated flat can cause more serious symptoms to emerge sooner, compared to intermittent exposure in a larger workplace.

Common CO poisoning symptoms include:

  • Shortness of breath
  • Nausea
  • Headaches
  • Dizziness
  • Vomiting
  • Abdominal pain
  • Tiredness
  • Confusion

Carbon monoxide poisoning can also be fatal.

If you have suffered from carbon monoxide poisoning at work or at home, and a third party is found to be responsible, you may be able to claim compensation for the injury caused.

Who can I claim against?

Who you make a compensation claim against will depend on where you suffered from carbon monoxide poisoning.

I was exposed to CO at home

If you suffered carbon monoxide poisoning at home you may be able to make a claim against:

  • The manufacturer of the appliance emitting carbon monoxide, if the appliance is found to be faulty.
  • The person or company who installed the appliance, if it is found to have been installed incorrectly.
  • The person or company who performed a safety inspection of your home or appliances, if they failed to recognise that the appliance was faulty.
  • If you have a carbon monoxide detector that did not work effectively, you might also be able to make a claim against the company that manufactured or installed it.
  • If you rent your home from the council, a housing association or a private landlord, you may be able to make a claim against them for negligence, for failing to ensure the safety of the property.

Can I claim CO poisoning compensation for a faulty boiler?

Faulty boilers and faulty boiler installations are the most common cause of CO exposure in the home, but defective gas ovens and heating systems can also lead to harmful CO exposure.

Older boilers can also release CO, and should be regularly inspected. You may be able to claim compensation from a professional Gas Safe engineer if they signed off a defective boiler as safe when it wasn't.

I was exposed to carbon monoxide at work

It is your employer's duty to keep you safe at work. Among many other duties, you employer is responsible for ensuring that you are not exposed to dangerous levels of harmful chemicals and gases like carbon monoxide.

If you have suffered from carbon monoxide poisoning at work, this may be due to your employer's negligence, and you may be able to make a compensation claim.

Your solicitor will identify who is responsible for your exposure, and will confirm whether you can claim compensation.

I was exposed to carbon monoxide in a public place

In addition to safeguarding their own workforce, organisations owe a duty of care to the general public to protect them from harm.

Although CO exposure in public places is rare, you may still be able to claim compensation if the exposure happened as the result of another person or company's negligence.

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.

This calculation will factor in 'general damages' and 'special damages'.

General 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

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

Carbon monoxide poisoning compensation amounts

The following carbon monoxide poisoning 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.

Example Amount
Brain injury
Minimal injury with full or near-complete recovery £1,760 to £10,180
Good recovery with a return to work and normal social life £12,210 to £34,330
Resulting in a lower degree of dependence £34,330 to £174,620
Resulting in serious disability and substantial dependence on others £174,620 to £224,800
Very severe with the need for full-time nursing care £224,800 to £322,060
Chest injury
Some permanent tissue damage but no significant long-term lung problem £10,040 to £14,320
Injury from inhaling toxic fumes or smoke £4,240 to £14,320

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Calculate my injury compensation

Calculating how much compensation you can claim for an 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 injury claim could be worth now:

How much can I claim?

How long does a carbon monoxide poisoning claim take?

The length of time needed to secure compensation for carbon monoxide poisoning can vary considerably.

For example, if your employer or responsible party accepts liability, a claim can settle in a couple of months. If liability is denied, the process might take considerably longer. Usually, a hazardous substance injury claim takes between 6 and 9 months. For more information, see: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and 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.

Who pays for this specialist help?

The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 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 decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

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

No win, no fee - the facts

Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

No win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making an injury 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 injury 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%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my injury claim?

If your injury 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.

What is Legal Aid available for?

In 2000, the government abolished the right to legal aid in personal injury and industrial disease cases. Depending on an individual's circumstances, Legal Aid may be available for discrimination cases, criminal cases, family mediation and court or tribunal representation.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How we can help you

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
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

Call me back
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Injury 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:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

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:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

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

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

Can I claim for an injury 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 injury compensation.

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

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

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?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher