Spillage injury
compensation claims

If a spillage injury has set you back, we'll help you move forward

If your life, or the life of a loved one, has been affected by a spillage accident, we can help. You can make a hazardous substances compensation claim with the help and support of a specialist solicitor.

You are not alone

According to the Health and Safety Executive (HSE), slips and trips are the most common causes of accidents at work.

Members of the public visiting shops, cafes or other commercial premises can also be injured because of slipping on a spillage.

Oil spills are also a cause of road traffic accident claims, particularly motorcycle accident claims. Department of Transport figures suggest that motorcyclists are twice as likely to be seriously hurt by diesel spillages on the road than other road users.

If you decide to make a spillage injury claim, your work injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.

Identifying who is responsible for a spillage

At work

The party responsible for a spillage accident is dependent on the location and circumstances of what has happened. If you have been injured as the result of a spill at work, your employer may be responsible.

This is particularly relevant if the employer has failed to follow health and safety procedures, such as responding promptly to reports of a hazard.

In public

If your injury occurred while you were visiting commercial premises, the organisation responsible for those premises may be to blame for what has happened.

For example, if you slipped in a supermarket, the owner of the shop could be at fault. This is more likely to be the case if the people in charge have failed to erect warning signs around an area that is being cleaned, or to promptly eradicate spillages caused by other factors.

See also:

Supermarket injury claims

Public place injury claims

Occupiers' liability claims

On the road

If you have been in a road accident as the result of an oil spill, another road user could be responsible. If you are not able to identify the road user, compensation can be claimed through the Motor Insurers Bureau (MIB).

It is also possible that local authorities can be held responsible for injuries caused by diesel spills, if it can be shown that they failed to clean the area to make it safe for road users.

Do I qualify for spillage injury compensation?

You will usually be eligible to claim compensation if you have been injured in the following circumstances:

• 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.

Compensation claims with shared fault

It's not unusual for personal injury claims to involve fault on both sides.

In our 2023 Work Injury Claimant Survey, we found that 26.02% of injured workers felt they had at least some responsibility for the injuries they sustained.

Even if you think you might be partly liable, you could still be eligible to make a claim. With workplace injuries, it's possible to claim compensation from your employer, regardless of whether your own actions or those of a colleague contributed to your injury.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How long do I have to make a spillage injury claim?

For most injury claims, you have up to 3 years from the date of your injury to start the claims process.

If you were injured due to someone else's negligence but didn't realise it at the time, you may have longer to make a claim. Typically, you have three years from the date you either received a diagnosis or became aware of the negligence (known as the 'date of knowledge') to start your claim.

Improving your chances of a successful claim

Whether the spill occurred on the road, in a shop or in the workplace, you can improve the likelihood of winning your claim by gathering as much evidence as possible.

• If you are able, you should take a photograph of the spill at the scene of the accident, noting the time.
• If you have been hurt because of an oil or diesel spill on the road, you should also report the details to the police.
• If the incident occurred in a shop, you should ask for a written record to be noted in the accident book. This evidence could support an allegation that either the premises owner or occupier knew of the spill but failed to take prompt action to clean it up, or failed to carry out reasonably regular inspections.

How much compensation can I claim for a spillage 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.

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.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of earnings, including potential lost commission, bonuses or promotions, or any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your spillage injury, including pain medication and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

Can I claim for PTSD or other psychological trauma?

Although psychiatric injuries are less obvious than physical injuries and illness, mental health conditions can be no less debilitating.

Our 2023 Personal Injury Claimant Survey found that 29.03% of claimants reported a psychological injury, with 70.97% of these relating to a physical injury.

Spillage injuries can lead to heightened anxiety about safety in similar environments and a possible phobia of re-injury.

Your solicitor will help ensure that any psychological harm you have suffered as the result of another party's negligence is recognised and included in the calculation of your compensation award or settlement. In addition, you can also claim for mental health treatment costs that may not be readily available on the NHS.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

How did your injury happen?

Claiming compensation depends on the cause of your spillage injury. Click the icons below for read more:

Work
accidents

Public
places

Other
accidents

FAQs

How long does an injury claim take?

What are my chances of winning my claim?

Will my claim go to court?

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What if a child was injured?

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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Author:
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.