Industrial Air Pollution Compensation Claims
If your life, or the life of a loved one, has been affected by industrial air pollution we can help.
The purpose of this guide is to help anyone who has suffered industrial air pollution and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
industrial air pollution compensation:
Any type of air pollution that can trace its origin to industrial processes is known as industrial air pollution. Industrial air pollution is typically comprised of dust, gases and fumes that are discharged into the air from factories, power stations and engineering activities, such as large-scale demolition. These substances are not necessarily toxic when used or handled correctly. However, when inhaled, they can have an adverse effect on health.
Any employee who has fallen ill after inhaling polluted air at work may be eligible to make a claim for industrial disease compensation.
What are the effects of industrial air pollution?
Inhaling or swallowing polluted air can give rise to respiratory illnesses of various severity depending on the type of fumes that have escaped and their intensity. These include:
- Chest pain
- Breathing difficulties
- Inflammation of the throat, lungs, windpipe, nose and mouth
- Bronchitis and other respiratory complaints.
Compensation is awarded by reference to the severity of the illness and the effect it has had on the claimant's life. As a preliminary step, the injury lawyer will arrange a simple medical examination to establish the extent of the illness and the health consequences that might arise in the future. The medical report is used as basis for negotiating the settlement award in the compensation claim.
Who is at risk of industrial air pollution exposure?
The majority of industrial air pollution cases occur in workers who are exposed to dangerous fumes in the workplace without the proper protective equipment such as masks and breathing apparatus. As such, industrial air pollution claims usually fall within the category of hazardous substances compensation claims against an employer.
Members of the public can also experience health problems if the air is polluted to harmful levels. While accidents occur only rarely, factories and power stations do sometimes leak industrial waste into the air. In this scenario, the company responsible for the discharge will be liable if it can be shown that they failed to exercise the proper care.
Do I have an industrial air pollution claim?
It should be possible to make an industrial air pollution claim if:
- you were diagnosed in the last three years and;
- someone else, such as your employer, was to blame.
Even if these two points don't apply to you, you may still be able to make a claim.
To get impartial advice on whether you have a claim, speak to injury claims expert on 0800 376 1001.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
The amount of money you could claim for your industrial air pollution will depend on:
- the extent 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 industrial air pollution has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an industrial air pollution? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for an industrial air pollution 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 industrial air pollution will depend entirely on your specific circumstances.
Your industrial air pollution 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.
Will an industrial disease claim affect my benefits?
It may. The receipt of a compensation award could affect the calculation of any means-tested benefits. One approach to protecting your benefits, would be to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Calculate my industrial air pollution compensation
Calculating how much compensation you can claim for an industrial air pollution 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 industrial air pollution claim could be worth now:
How long does an industrial air pollution claim take?
The length of time needed to get compensation for an industrial air pollution injury can vary considerably.
For example, if your employer or responsible party accepts liability, a claim might be concluded in a month or two. If liability is denied, however, it could take considerably longer. Normally a hazardous substance injury claim should take 6 to 9 months. For more information on how long your claim could take, read: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your industrial air pollution claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to 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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
No win, no fee means that your solicitor will not charge you any legal fees if your industrial air pollution claim is unsuccessful. 'No win, no fee' is also referred to as a 'Conditional Fee Agreement' or 'CFA'.
No win, no fee promise
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of making an industrial air pollution injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my industrial air pollution claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my industrial air pollution claim?
If your industrial air pollution claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Industrial air pollution 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.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
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.
How long do I have to make an industrial air pollution claim?
In general, you have a time limit of up to 3 years from the date of the industrial air pollution to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your industrial air pollution claim becomes 'statute barred'.
Can I claim for an industrial air pollution 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 industrial air pollution compensation.
In reality, there are a number of factors that can affect whether an industrial air pollution claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.