Hydrocarbon poisoning compensation claims
The following guide sets out everything you should know about making a successful hydrocarbon poisoning compensation claim.
Hydrocarbons are produces by vehicles, in the mining industry, during refuse incineration and in the oil refining process. The hydrocarbons cited in harmful exposure claims include:
- Polycyclic aromatic hydrocarbons
Exposure to different hydrocarbons can result in different symptoms, and it is the symptoms, injury and illness that determines the amount of compensation that a claimant is likely to receive.
If ingested or inhaled, hydrocarbons can cause lung problems such as pneumonia. They can also affect the central nervous system, the heart, bone marrow and kidneys. Polycyclic aromatic hydrocarbons (PAHs) are highly carcinogenic and can result in various types of workplace-related cancer. The symptoms may include:
- Severe coughing
- Stomach problems
- Poor coordination
If you have experienced any symptoms as a result of hydrocarbon exposure that result in injury or illness, you may be able to make a compensation claim.
I have a strong claim - why won't a solicitor take it on?
Exposure to hydrocarbons may occur in a number of ways. Hydrocarbons may be ingested, inhaled, or come into contact with skin.
Exposure may occur at work if incorrect or insufficient Personal Protective Equipment (PPE) has been issued.
If inadequate health and safety measures during disposal or incineration are followed, site visitors and members of the public may be exposed to hydrocarbons in the atmosphere, water or soil.
To make hydrocarbon poisoning or polycyclic aromatic hydrocarbon exposure claims, you must be able to prove that a third party is responsible for the exposure. This may be your employer if you were exposed to hydrocarbons at work, or the company responsible if the exposure occurred in public.
There are regulations in place to prevent workers from excessive exposure to PAHs in the workplace, including the Control of Substances Hazardous to Health Regulations is the most powerful regulation. A breach of these regulations may amount to a criminal offence.
All employers have a duty to provide protective clothing, specialist equipment, and training and risk assessments to prevent exposure. If your employer has failed to do so, you may have grounds to make a claim.
You will be able to claim compensation for the injuries or illness that resulted from hydrocarbon exposure. If the injuries or illness has impacted on your ability to work, you may also be able to claim for the income lost due to incapacitation.
A medical professional will assess the impact the illness or injury has had on your health long-term, and if your health is likely to be affected for the rest of your life. The amount of compensation will be calculated based on these factors.
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.
Our national network of solicitors take on all types of industrial disease claims and have a wealth of expertise with short-term, serious and life-changing injury claims. Chosen for their track record in winning claims, our solicitors have years of dedicated experience.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.
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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