MTBE Exposure Compensation Claims

If your life, or the life of a loved one, has been affected by MTBE exposure we can help.

The purpose of this guide is to help anyone who has suffered MTBE exposure 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 MTBE exposure compensation:

Introduction

Methyl Tertiary Butyl Ether (MTBE) is a flammable, colourless liquid that is added to petrol to help reduce the amount of carbon monoxide emissions. It is also used medically, in the treatment of gallstones. Exposure to small doses of the chemical appears to pose no risk to human health.

At certain concentrations, however, MTBE is believed to have a poisonous effect on the body. Laboratory tests on rats have linked exposure to the chemical to cancerous tumours and leukaemia.

Anyone who has fallen ill after ingesting or inhaling MTBE may be entitled to make a claim for compensation.

What are the problems with MTBE?

Despite lowering harmful fuel emissions, MTBE has some properties that can cause problems. It is much more soluble in water than other components of petrol, which means that it is much more likely to contaminate the water supply if it is spilled or if it leaks out of underground storage tanks. Once spilled, MTBE does not biodegrade easily, so it is very difficult to clean up.

Ingesting, inhaling or handling MTBE can cause various symptoms, including:

  • Skin irritation
  • Eye irritation
  • Abdominal pain
  • Nausea
  • Headaches
  • Dizziness
  • Weakness
  • Breathing difficulties.

Laboratory studies conducted on animals suggest that exposure to MTBE at high doses over a long period may cause tumours of the kidneys, liver and some other organs. However, the levels of MTBE used in these studies were generally far higher than humans would normally experience in a typical work accident or spillage.

As an initial step, a simple medical examination is necessary to establish the extent of the MTBE exposure and the long-term effect this might have on the claimant's life. The medical report is used as basis for negotiating the settlement award.

Who is at risk of MTBE poisoning?

The majority of MTBE poisoning cases occur in workers who routinely handle the chemical and who have not been issued with the proper protective equipment. As such, MTBE poisoning claims usually fall within the category of hazardous substances compensation claims against an employer.

However, MTBE exposure can also occur in other ways. In the worst reported incident in the UK, MTBE was mass ingested by members of the public after a spillage at an air base in East Anglia contaminated local water supplies. Where a spillage is responsible for the MTBE exposure, the company responsible for transporting the fuel will be liable.

Do I have a MTBE exposure claim?

It should be possible to make a MTBE exposure 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 612 7456.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

How much compensation can I claim for MTBE exposure?

The amount of money you could claim for your MTBE exposure 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 MTBE exposure 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

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

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a MTBE exposure? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for a MTBE exposure claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a MTBE exposure will depend entirely on your specific circumstances.

Your MTBE exposure compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following a mtbe exposure injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

MTBE exposure compensation

Calculating how much compensation you can claim for a MTBE exposure 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 MTBE exposure claim could be worth now:

Calculate compensation

How long does a MTBE exposure claim take?

The length of time needed to process a MTBE exposure claim can vary significantly.

For instance, if your employer or responsible party accepts liability, a claim could be completed in a month or two. However, if liability is denied it could take longer. Normally a hazardous substance injury claim should take 6 to 9 months. For more information, see: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your MTBE exposure 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.

Hazardous Substances Rules

Employers who handle hazardous substances are required by law to follow the Control of Substances Hazardous to Health Regulations, known as COSHH.

COSHH places legal obligations on employers to control exposure to hazardous substances with a view to minimising the risk. In short, they must:

  • Identify hazardous substances used in the course of work
  • Assess the risk associated with handling or using the hazardous substance
  • Eliminate each significant risk or reduce it to insignificant levels
  • Implement safety precautions for the remaining risks, for example, by issuing personal protective clothing and equipment or improving ventilation systems for workers exposed to dangerous fumes
  • Train employees in the proper use of safety measures.

If an employer has failed in their duty to protect staff from MTBE exposure, they may be liable.

Where the MTBE exposure affects members of the public, the injury lawyer will gather evidence to show that:

  • Another entity (e.g. the company that was responsible for storing, transporting or disposing of the MTBE) was legally responsible for the accident
  • The claimant's injuries were sustained as a result of the exposure.

Once a link is established, the injury lawyer can begin to build a compelling case to achieve the maximum amount of compensation for the injuries that have been sustained.

No win, no fee

No win, no fee means that your solicitor will not charge you anything if your MTBE exposure claim is unsuccessful. 'No win, no fee' is also called a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee promise

Our no win, no fee guarantee means there is no financial risk in making a MTBE exposure claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my MTBE exposure 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%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my MTBE exposure claim?

If your MTBE exposure claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, 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 612 7456 or arrange a callback:

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MTBE exposure 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.

Read more about claiming on behalf of another person.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a MTBE exposure claim?

In general, you have a time limit of up to 3 years from the date of the MTBE exposure to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your MTBE exposure claim becomes 'statute barred'.

Can I claim for a MTBE exposure 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 612 7456 to find out if you are still able to claim MTBE exposure compensation.

In reality, there are a number of factors that can affect whether a MTBE exposure claim will be taken on by a solicitor.

Calculate your claim limitation date

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.

Read more: Will my injury claim go to court and what if it does?

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.

Read more: Will I have to visit a solicitor's office?

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.

Read more about interim compensation payments.

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.

Read more about this Quittance Legal Expert