Chemical gas inhalation compensation claims
This easy-to-follow guide sets out everything you must know about making a chemical gas inhalation compensation claim.
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.
Industrial disease compensation claims and other claims for hazardous chemical exposure frequently relate to cases of historic exposure. In such cases, the 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.
To make a successful claim, the cause of the exposure must be established.
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)
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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.
Liver, brain and kidney cells may be damaged by inhalation of certain chemicals, including carbon-tetrachloride, carbon monoxide, mercury, hydrogen, cadmium and cyanide.
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. Your solicitor will arrange an independent medical report.
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.
Regular medical examinations should be provided to monitor any effects of exposure as these may vary with different people. An employee with a known susceptibility to a particular chemical should make this known to his employer, who must then make special provision to ensure that the employee is safe from the risk of chemical or gas inhalation.
Employers must also 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.
The inhalation of toxic substances may have an immediate impact on a person's health, or symptoms of any illness arising from the exposure may take years to appear.
Claims for chemical exposure at work
Anyone sustaining illness or injury through inhalation of chemicals or gases during their employment may be entitled to bring a work-related illness claim.
An employer may be found negligent if it has failed to take precautions, ignored safety measures, or did not provide suitable equipment to protect employees from substances hazardous to their health.
It may be possible to bring a claim, under certain circumstances, even if years have elapsed since the likely cause of the illness, and the worker is no longer employed by the company.
Members of the public claiming for gas or chemical exposure
A gas inhalation No Win, No Fee claim commences with the claimant signing a Conditional Fee Agreement (also known as a CFA) with a lawyer.
The agreement sets out the service provided by the solicitor and, most significantly, the "success fee" to be deducted from the damages after your injury lawyer wins the case.
Choosing a Quittance personal injury lawyer, you have peace of mind with the knowledge that there will be nothing whatsoever to pay up front.
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.
The nationwide network of QLS solicitors help injured people with all types of industrial disease claims, from fast track cases to serious, long-term injury. Our solicitors are selected on the basis of their track record in winning cases and their specialist expertise.
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.
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