If a chemical gas injury has set you back, we'll help you move forward
Chemical gas inhalation from spills or leaks can lead to respiratory distress, chemical burns, and long-term lung damage.
If your life, or the life of a loved one, has been affected by toxic gas inhalation, we can help. You can make a No Win, No Fee compensation claim with the help and support of a specialist solicitor.
With over 19,000 cases of work-related lung problems a year, you're not alone
An estimated 19,000 new work-related cases of lung problems, and 12,000 lung disease deaths are reported every year (hse.gov.uk).
Industrial disease claims and claims for hazardous chemical exposure frequently relate to cases of historic exposure. The Health and Safety Executive (hse.go.uk) estimate that over 10,000 deaths each year can be linked to historic exposure.
If you have been harmed after breathing in chemical fumes or gas, you may be entitled to claim compensation. Even if your symptoms developed years after the exposure, you have three years from the date you learned your symptoms could be linked to chemical exposure to start a claim.
How much compensation can I claim for gas inhalation?
The compensation you can claim for inhalation of a gas or toxic fumes depends on several factors:
- how serious the injury is,
- the way your injury affects your day-to-day life and work,
- any financial liabilities or costs you?ve incurred from your injury.
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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 oxygen therapy, hospital monitoring and psychological support.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average chemical gas inhalation general damages compensation table
The following chemical gas inhalation 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 |
| Chest injury (no damage to lung) | A chest injury with no significant, permanent lung damage (e.g. a penetrating chest wound) | £13,970 to £19,930 |
| 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 |
Am I entitled to make a chemical gas inhalation claim?
In general, you can claim compensation if you were hurt:
- in the last 3 years, and;
- another person or organisation was to blame, and;
- they owed you duty of care.
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.
What if I was partially at fault?
Personal injury claims where both the defendant and claimant share some responsibility are relatively common.
In our recent 2024 Work Injury Claimant Survey, 26.02% of injured workers thought they could be partially to blame for their accident.
You could still be able to claim even if you were partly responsible for your illness. If you were injured at work, you can claim compensation from your employer under the principle of vicarious liability - even if you or another employee caused your illness.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after a chemical gas inhalation injury do I have to start a claim?
An injury claim will usually need to be made within 3 years of the date or your accident or injury.
If you were injured due to someone else's negligence but didn't realise it at the time, the clock starts ticking from the 'date of knowledge' - the day you become aware of your injury.
Claiming chemical inhalation compensation
Employees working in a very wide range of industries are at risk of exposure to hazardous chemicals.
Exposure commonly occurs as a result of the inhalation of gases knowingly or unknowingly given off in circumstances including manufacturing processes, cleaning products and waste processes.
An affected individual may not realise for some years that their illness relates to gas inhalation. The worker may not even have been aware of the exposure at all.
Expert legal advice and medical evidence can make a crucial difference to the success of these claims.
Causes of harmful fumes and gas in the workplace
To make a successful claim for chemical exposure, your solicitor will use a medical assessment, expert opinion and other evidence to identify what caused your illness or injury.
Causes of chemical and gas inhalation accidents in the workplace include:
- Spillages of a noxious substances by colleagues
- Undetected gas leaks from defective, old or damaged machinery (many toxic gases are odourless and colourless)
- Inadequate or unsuitable Personal Protective Equipment (PPE)
If your ill health cannot be traced to a single event or cause, you may still be able to claim. An independent medical assessment will confirm if the cause of your condition is likely to be work-related chemical exposure more generally.
What chemical exposure symptoms can I claim for?
Chemical exposure can result in a wide range of symptoms that an affected worker can seek compensation for. Common symptoms include:
- Gases such as sulphur dioxide, ammonia and phosgene may cause eye, mouth, throat and nose irritation.
- Sulphuric acid and nitrogen oxide may cause irritation to the lungs with long continuous exposure permanently damaging the affected areas.
- Respiratory syndromes may be triggered where normal oxygen content of the air has been compromised by gases such as acetylene.
- Employees working in an environment that exposes them to inhalation of bauxite dust and asbestos may sustain serious lung damage.
- Skin allergy, dermatitis, chronic asthma and permanent disability of lungs have been observed by the inhalation of toluene, di-isocyanate (TDI) and amine hardeners.
- Liver, brain and kidney cells may be damaged by inhalation of certain chemicals, including carbon-tetrachloride, carbon monoxide, mercury, hydrogen, cadmium and cyanide.
You will receive compensation for the specific symptoms you have experienced, regardless of the chemical that caused your ill health.
Read more:
Dermatitis compensation claims
Do I need a medical diagnosis to claim compensation?
Given the wide range of potential sources of exposure and of symptoms, specialist medical evidence is necessary to diagnose the specific condition in support of a claim.
The report will also be used to assess how much compensation you should receive, taking into account the impact, seriousness and duration of your symptoms.
Is my employer responsible for my injury?
The Health and Safety at Work Act 1974 sets out wide-ranging duties on employers, and they must protect the health, safety and welfare at work of all their employees.
This includes safeguarding employees from exposure to substances hazardous to their health - or where this cannot be avoided, ensuring that exposure is managed in a way that is safe.
The Health and Safety Executive (HSE) lists around 400 chemicals and products requiring workplace exposure limits for hazardous substances within the Control of Substances Hazardous to Health Regulations (COSHH). The HSE does not include asbestos as this has separate regulations.
Can I still claim for chemical exposure if I had a pre-existing medical condition?
Yes. Employers should give workers to opportunity to report if they have an existing medical condition, allergy or susceptibility to a particular chemical.
Your employer must make special provision to ensure that you are safe from an avoidable risk of chemical or gas inhalation that could cause you additional harm or worsen your condition.
If you have been exposed (or may have been exposed) to a harmful chemical, your employer should carry out regular medical examinations to monitor any effects of exposure.
Effects of exposure may vary with different people, and different levels of exposure could lead to sigificantly different degrees of harm.
The Personal Protective Equipment at Work (Amendment) Regulations 2022
The Personal Protective Equipment at Work (Amendment) Regulations 2022 (hse.gov.uk) came into force on 6 April 2022.
This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.
Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.
Employers must train employees on chemical handling and inform them of the potential risks associated with each toxic compound.
Employees must be provided with personal protective equipment (PPE) such as respirators, face covers, gloves and safety masks to avoid hazardous substance exposure.
If your employer committed a health and safety breach by failing to provide adequate training, PPE and a safe working environment, and you were harmed by exposure to a harmful chemical as a result, you are likely to have a strong claim.
Read more:
Personal Protective Equipment (PPE) injury claims
Industrial disease compensation claims
Hazardous chemical exposure injury claims
Health and safety breach compensation claims
What caused your gas inhalation injury?
The claims process will vary depending on how your chemical gas inhalation happened. Click the icons below to learn more:
Can I make a no win, no fee chemical gas inhalation claim?
Yes. With no win, no fee, you can claim chemical gas inhalation 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
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or arrange a callbackAuthor:
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.