Pesticide Poisoning Compensation Claims
If your life, or the life of a loved one, has been affected by pesticide poisoning we can help.
The purpose of this guide is to help anyone who has suffered pesticide poisoning 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
pesticide poisoning compensation:
Pesticides are substances used to control and kill pests including plants and animals. They are manufactured using natural and synthetic chemicals to create different varieties including herbicides, insecticides, fungicides, rodenticides and molluscicides.
Pesticides are widely used in agriculture as well as in textile manufacture, catering and in domestic gardens. Because they are manufactured to kill plants and animals, they can also be a danger to humans if inhaled, ingested or through direct contact with skin. If you have been poisoned by pesticides, you may be able to make a hazardous substances-related compensation claim.
Types of pesticide poisoning
Poisoning from pesticides is usually categorised into three types:
- Single, short-term (acute) very high level exposure. Usually from inhaling or ingesting a large quantity of pesticide
- Long-term (chronic) high-level exposure. This can happen to pesticide formulators and manufacturers from coming into contact with the substances
- Long-term (chronic) low-level exposure. Often resulting from exposure to pesticide residues in food, air, water, soil, plants and animals
What are the harmful effects of pesticide poisoning?
Pesticides are substances that are crafted to be deliberately poisonous to the plants of animals they are designed for. This usually means that the concentration of poisonous chemicals is not high enough to kill humans in small quantities, but if exposed, health can be adversely affected.
The most common effects include:
Less common long-term effects can include:
- Cancers including leukaemia, lymphoma, brain, kidney, breast, prostate, pancreas, liver and skin
- Neurological effects including Parkinson's disease and dementia
- Reproductive issues including birth defects, foetal death and altered foetal growth
Who might be affected by pesticide poisoning?
Those who work in agriculture, textiles, or the formulation, manufacture or handling of pesticides are at the highest risk of exposure and poisoning from pesticides. Members of the public can also be affected if pesticides are used in close proximity to their home or place of work.
Pesticide spillages or improper drainage can cause water and soil contamination. If food is handled, transported, prepared or treated improperly, pesticides can be ingested.
If you have been exposed to pesticides at work
Employers have a duty of care to their employers to provide a safe workplace and to reduce the risk of injury.
Necessary safety precautions should be taken when there is a chance that staff may be exposed to harmful pesticides. Failure to provide adequate training, and failing to provide suitable Personal Protective Equipment such as goggles, filtration masks and chemical resistance suits may be evidence of an employer breaching their duty. Employers must also ensure that chemicals are properly labelled and safely stored.
If you believe that your employer has failed in their duty of care and this failure resulted in harmful pesticide exposure, you may be able to make a work-related illness claim.
If you have been exposed to pesticides at home or in a public space
Pesticides should be safely sprayed or applied to avoid coming into contact with the public. If you have been exposed to pesticides, you should be able to make a claim against the company responsible for the pesticide exposure.
Your solicitor will be able to help identify the party responsible for the exposure.
Do I have a pesticide poisoning claim?
It should be possible to make a pesticide poisoning 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.
What can I claim compensation for?
If you have suffered any of the above symptoms from pesticide exposure, you may be able to claim compensation for the pain and suffering caused, the impact on quality of life and lifestyle, the psychological impact, and for any income lost due to incapacitation.
The amount of money you could claim for your pesticide poisoning 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 pesticide poisoning 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 a pesticide poisoning? (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 a pesticide poisoning 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 pesticide poisoning will depend entirely on your specific circumstances.
Your pesticide poisoning 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 pesticide poisoning 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?
Can I claim for physiotherapy and private care costs?
Private treatment can be expensive, but funding towards the cost of this treatment frequently comprises part of a compensation award. Your solicitor may even be able to arrange access to private medical care as soon as your claim is accepted.
Pesticide poisoning compensation
Calculating how much compensation you can claim for a pesticide poisoning 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 pesticide poisoning claim could be worth now:
How long does a pesticide poisoning claim take?
The length of time needed to get compensation for pesticide poisoning can vary significantly.
If your employer or responsible party accepts liability, a claim might be concluded in a couple of months. If the employer denies liability, the process might take significantly longer. Usually, a hazardous substance injury claim takes between 6 and 9 months. To read more about how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your pesticide poisoning 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
Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .
No win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a pesticide poisoning injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my pesticide poisoning 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 pesticide poisoning claim?
If your pesticide poisoning 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.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. pesticide poisoning claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
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:
if you can claim
to start a claim
Pesticide poisoning 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 a pesticide poisoning claim?
In general, you have a time limit of up to 3 years from the date of the pesticide poisoning to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your pesticide poisoning claim becomes 'statute barred'.
Can I claim for a pesticide poisoning 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 pesticide poisoning compensation.
In reality, there are a number of factors that can affect whether a pesticide poisoning 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.