If an air pollution injury has set you back, we'll help you move forward
Exposure to harmful pollutants in industrial settings can cause long-term health problems, leading to claims for extensive medical treatment and reflect the breach of environmental and workplace health regulations.
If your life, or the life of a loved one, has been affected by industrial air pollution, we can help. You can make a compensation claim with the help and support of a specialist solicitor.
In this article
You are not alone
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?
As a basic rule, you will be eligible to make an injury claim if you were injured:
- in the last 3 years,
- by someone elses actions or negligence, and
- they owed you a duty of care.
Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
How long after an industrial air pollution injury do I have to claim compensation?
In most cases, you have 3 years from the date of your accident or injury.
If your injury or illness is not immediately apparent, the 3-year time limit starts from the date that you injury or illness was diagnosed and your were informed of the likely caused.
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.
Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.
Updated December 2023
Compensation Calculator v3.04
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 is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include loss of earnings (including future earnings loss and retraining costs), and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as respiratory treatment.
How long does an industrial air pollution claim take?
The 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, it could take considerably longer. Normally a hazardous substance injury claim should take 6 to 9 months.
Claiming injury compensation with a 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.
Why do most claims never go to court?
Solicitors settle the vast majority of claims out of court.
Less than 2% 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.
Claiming compensation depends on the cause of your industrial air pollution. Click the icons below for read more:
How we can help you with your injury claim
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.
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If you have any questions, or would like to start a No Win No Fee injury claim, we are open:
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Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
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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 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.
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.
Will I need to meet my solicitor face to face?
There's no need to visit your solicitor's office in person if you are thinking about making an industrial air pollution claim.
You can talk to a legally-trained advisor about your accident or injury, before you choose to start a claim.
If you decide to claim, a specialist solicitor will take you through the work injury claims process over the phone. You will be able to speak to your solicitor at any stage and you wlll receive regular updates.
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.
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.