If mercury poisoning has set you back, we'll help you move forward
If your life, or the life of a loved one, has been affected by mercury poisoning, we can help.
You can make a No Win, No Fee compensation claim with the help and support of a specialist solicitor.
You are not alone
Although the use of mercury has generally reduced over the years, exposure from breathing contaminated air, eating contaminated food or water, or by skin contact, is still possible (gov.uk).
If you have suffered mercury poisoning after being exposed at work, you may be eligible make a claim against your employer.
How much compensation can I claim for mercury poisoning?
The amount of compensation you can claim for mercury poisoning depends on:
- the degree of your illness,
- the impact of your illness on your daily life and ability to work,
- any expenses or financial setbacks caused by your illness.
Mercury poisoning
compensation calculator
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Updated December 2024
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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 are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings, including lost overtime, holiday pay, benefits and pension contributions, special damages can cover any care costs and medical procedures you need, such as chelation therapy, regular blood tests 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 mercury poisoning general damages compensation table
The following mercury poisoning 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 |
|---|---|---|
| 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 |
Bowel injury
| Severity | Example | Amount |
|---|---|---|
| Some permanent damage | Returning to natural function & bladder control | £13,970 to £27,150 |
| Impairment of function from abdominal injury | You require a temporary colostomy, your diet, daily life and work is affected | £49,470 to £77,360 |
| Faecal urgency and passive incontinence | Surgery is required, and/or your symptoms cause embarassment & distress | Around £88,660 |
Eye injury
| Severity | Example | Amount |
|---|---|---|
| Short-term eye injury | Complete recovery within a few weeks | £2,450 to £4,380 |
| Minor eye injury | Pain and temporary interference with vision during your recovery | £4,380 to £9,690 |
Head & brain injuries
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minimal brain damage with headaches and/or ongoing symptoms | £2,450 to £14,160 |
| Moderate - level 1 | Good recovery, but with ongoing symptoms (e.g. poor concentration and memory) | £17,000 to £47,770 |
| Moderate - level 2 | Your ability to work is reduced, and ongoing symptoms include poor concentration and memory, and a risk of epilepsy | £47,770 to £100,650 |
| Moderate - level 3 | Your ability to work is greatly reduced, and you have ongoing care needs | £100,650 to £166,540 |
| Moderate - level 4 | Ongoing symptoms include a moderate to severe intellectual deficit, personality change, damage to sight, speech and/or senses, and a risk of epilepsy | £166,540 to £243,040 |
Kidney injury
| Severity | Example | Amount |
|---|---|---|
| Risk of loss of kidney function | Risk of future UTI or total loss of natural kidney function | Up to £70,980 |
| Loss of one kidney | Loss of one kidney with no damage to the other | £34,140 to £49,780 |
| Loss of both kidneys | Serious damage to both kidneys | £187,940 to £233,440 |
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 |
| Lung disease | Emphysema and other lung conditions with symptoms including difficulty breathing and impaired lung function that affects your life and work | £60,810 to £77,690 |
Do I qualify for mercury poisoning compensation?
If you've been injured or made ill in the last three years and it wasn't your fault, then you will be entitled to claim compensation for mercury poisoning.
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 do I have to start a mercury poisoning claim?
For most injury claims, you have up to 3 years from the date of your injury to start the claims process.
You may still be able to claim compensation if you were injured by another's negligence and you only discovered it later. Generally, the clock starts ticking from the date you were diagnosed or became aware of your injury.
Mercury poisoning risks
Mercury is a naturally occurring element that is found in water, soil and air. Almost everyone will come into contact with some level of mercury, often through dental fillings, the consumption of shellfish and routine vaccination. Low doses of mercury are not considered to be a significant health threat.
However, some people are exposed to excess levels of mercury either through regular (chronic) low-level exposure or acute exposure that occurs in a single event. An example of acute exposure would be an industrial accident that results in the spillage of mercury. Inhaled or ingested, mercury can cause breathing difficulties, eye irritation and, possibly, serious damage to the nervous and immune systems (who.int).
Who is at risk of contracting a mercury-related illness?
Mercury poisoning typically occurs when a person inhales mercury in vapour form or when mercury in compound form makes contact with the skin. As such, workers in industries that use mercury regularly may have a greater risk of developing a mercury-related illnesses. Workers employed in the production of chlorine gas, batteries, fungicides, biocides, thermometers and dental fillings are particularly at risk (gov.uk).
This list is not exhaustive. Anyone exposed to mercury, including members of the public who come into contact with mercury after a spillage, may be eligible to make a compensation claim.
What are the health problems associated with mercury poisoning?
Exposure to mercury can lead to a number of short and long-term health problems including:
- Vomiting and diarrhoea
- Respiratory problems
- Coughing blood
- Inflammation of the mouth and gums
- Mood swings
- Muscle spasms
- Kidney damage
- Damage to the nervous system.
How severe the poisoning is usually will depend on the dose and the method of exposure (inhalation, ingestion or dermal contact). As a preliminary step, the injury lawyer will arrange an independent medical examination to assess whether mercury is present in the and to establish the extent of the poisoning. The medical expert will also recommend any treatment that is needed such as drug therapy.
The medical report is used as a basis for the compensation claim.
Is my employer liable?
Any employer who uses mercury is required to follow the Control of Substances Hazardous to Health Regulations (COSHH). COSHH places a legal duty on employers to minimise the impact mercury and other toxic chemicals might have on a worker's health (hse.gov.uk).
Specifically, an employer must:
- Assess the health risks that come from mercury and use alternatives wherever possible
- Monitor a worker's exposure to mercury
- Keep exposure within strict workplace exposure limits defined as 0.02mg/m3 averaged over an 8 hour working day
- Take measures to limit exposure for example by issuing personal protective equipment such as masks and skin protection
- Store and dispose of mercury properly to prevent spillages
- Train employees in safe use and handling of the compound.
An employer who fails in their duty to protect staff from mercury exposure may be liable for any illness that arises as a result.
Liability of employers' in mercury poisoning claims
Most injury claims for mercury poisoning involve employer negligence. Click the icon below to learn more about the claims process.
Can I make a no win, no fee mercury poisoning claim?
Yes. With no win, no fee, you can claim mercury poisoning 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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Mercury: general information - GOV.UK (reviewed: 01/08/2024)
Author:
Jenny Jones, Senior litigator
About the author
With over 20 years' experience in the law, Jenny Jones has spent the last decade specialising in personal injury, with a particular focus on industrial disease cases.