PCB Exposure Compensation Claims

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

The purpose of this guide is to help anyone who has suffered a PCB exposure injury 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 PCB exposure compensation:

Introduction

In 1986, polychlorinated biphenyl (PCB) use was banned in the UK for risks to health and the environment. Despite the ban, people have since suffered exposure - most notably in the workplace.

If a person is affected by a PCB-related health condition, which can be related to negligent work practices, they are entitled to make an industrial disease claim.

Do I have a PCB exposure claim?

It should be possible to make a PCB 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.

Where are PCBs found?

PCBs are a group of man-made chemicals with stable, fire resistant properties. They comprise of 209 different chlorinated compounds. From the 1930s they were widely used as coolants, insulating materials and lubricants in electrical equipment.

Despite no longer being manufactured, PCBs can still be found in products dating before the ban. This includes paints, rubber products and plastics. In addition, they can be emitted from old electrical devices such as: refrigerators; televisions; transformers; switchgear; capacitors; and in starter units of fluorescent lights and fractional horsepower motors.

Who is at risk of exposure?

Because PCBs can leak into the environment, anyone is potentially at risk. However, claims relating to PCBs are typically attributed to exposure in the workplace.

Old equipment in plants, factories and industrial sites may still emit PCBs in the manufacturing process. In addition, workers involved in the removal, repair or disposal of PCB containing equipment or material are also susceptible to contamination.

PCBs usually enter the body through contact with the skin. They can also be ingested through breathing in fumes or through swallowing. Inadequate protective equipment is frequently cited as a cause of PCB exposure, and may be evidence of an employer's negligence.

Work-related PCB conditions

People who have been exposed to polychlorinated biphenyls and gone on to make claims have been affected by a number of health conditions. These include:

  • Chloracne - which produces pustules, blackheads and cysts
  • Liver damage
  • Encotrine disorders - of the pituitary gland, thyroid gland, adrenal gland
  • Inhibited immune system
  • Nervous system disorders
  • Workplace-related cancer

If a person believes they have been affected, it is recommended they seek legal advice at the earliest opportunity. A solicitor can help arrange a medical examination to confirm diagnosis. A doctor can also assess whether PCB exposure is a likely cause by asking questions relating to employment history.

Where workplace exposure to PCB is probable, a person has three years from the diagnosis to make a claim.

What legislation is in place to protect workers?

There are two main pieces of legislation which guide employer actions in relation to PCB exposure in the workplace.

  1. The Health and Safety at Work etc Act 1974 requires employers protect the health, safety and welfare of their workers, as is reasonably practical. This includes ensuring employees are suitably trained to use safety equipment and the correct working practices.
  2. The Control of Substances Hazardous to Health Regulations COSHH (2002) places more specific duties on an employer in relation to PCB. This includes:
  • Identifying PCB in the workplace - often equipment is labelled but not always
  • Ensuring exposure is either prevented or controlled
  • Assessing the risks to health and adopting suitable measures to control them
  • Monitoring exposure Informing employees of the risks of PCBs and safe working practices

Where an employer has breached their legal duties in preventing exposure to PCB, resulting in a connected health condition, a claim can be made.

Common workplace PCB claims

Examples of employer breaches resulting in PCB exposure include a failure to:

  • provide suitable personal protective equipment such as impervious boilersuits or overalls, gloves, overshoes, chemical resistant goggles or a respirator
  • provide adequate training on the risks of PCB or effectively ensure adherence to recommended working practices
  • carry out sufficient equipment checks resulting in a preventable leakage of PCB into the work environment
  • appropriately deal with a PCB leakage or damaged PCB equipment or arrange a specialist contractor

In order to prove these types of negligent breaches occurred, relevant evidence is required. Alongside medical reports, this can include company health and safety records, witness statements or other registered cases of PCB in the same workplace.

What if a claim relates to a former employer?

Because of the history of PCB manufacture and usage, PCB exposure claims often relate to past employment. In these cases, a solicitor can help trace a former employers insurers using the Employers Liability Tracing Office (ELTO) and records held at Companies House. Even if an employer has ceased trading or a business has been taken over, the insurers can still be traced.

How much compensation can I claim for PCB exposure?

The amount of money you could claim for your PCB 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 PCB 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 PCB 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 PCB 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 PCB exposure will depend entirely on your specific circumstances.

Your PCB 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.

PCB exposure compensation

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

Calculate compensation

How long does a PCB exposure claim take?

How long it can take to process a PCB exposure claim can vary significantly.

For example, if your employer or responsible party accepts liability, a claim might be concluded in a few weeks. If liability is denied, however, a compensation claim can take considerably longer. Typically, a hazardous substance injury claim will take 6 to 9 months. See more: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your PCB 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.

No win, no fee, no risk

No win, no fee takes the risk out of making a PCB exposure claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.

Our no win, no fee guarantee

If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of claiming compensation for your PCB exposure injury. Read more about making a No win, no fee claim

What do I pay if I win my PCB 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%. You and your solicitor can agree the success fee before you start your claim.

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

If your PCB exposure claim is not successful then you will not have to pay any fees. 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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PCB 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 PCB exposure claim?

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

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

Can I claim for a PCB 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 PCB exposure compensation.

In reality, there are a number of factors that can affect whether a PCB 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