Key points when you claim for Legionnaires' disease compensation
- The owners and managers of workplaces, hotels, pools and other public premises, owe a duty of care to protect staff and visitors from avoidable health risks, including air- and water-borne disease.
- You can claim if you were infected by Legionnaire's disease due to a poorly maintained air conditioning system, hot tub, shower, pool or water system.
- You have up to 3 years from when you discovered the cause of your illness to begin your claim, but you should start as soon as you can to give your claim the best chance of success.
- Your claim will be stronger if other staff or guests also became ill.
- Your compensation is based on the severity of your symptoms, along with your financial losses and expenses. Check our compensation calculator to see how much you could claim.
- Compensation will also reflect the longer-term health impact of your infection, such as chronic fatigue and breathing difficulty.
- Your claim can proceed on a no win, no fee basis.
Legionnaires' disease: Your rights to claim compensation explained
Legionnaires' disease is a serious lung infection caused by inhaling contaminated water droplets, often from air conditioning systems, hot tubs, or other water sources.
If you've contracted Legionnaires' disease due to someone else’s negligence, you can claim compensation. Whether it was the result of poor maintenance in a public building, hotel, or workplace, your solicitor will help you hold the responsible parties accountable, and get the No Win, No Fee compensation you need to support your recovery.
With 100s of cases of Legionnaires' disease each year, you are not alone
An analysis of NHS figures show that there were 245 cases of Legionnaires' disease admitted to hospital in 2022-23 (nhs.uk).
If you decide to claim compensation for Legionnaires' disease, your 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 need to move forward.
If you need information on Legionnaires' disease symptoms and treatment, visit: Legionnaires' disease (nhs.uk).
How much compensation can I claim for Legionnaires' disease?
The amount of compensation you can claim for Legionnaires' disease is determined by:
- the degree of your illness,
- the extent to which your illness impairs your daily life and work,
- any financial losses or costs you have incurred due to your illness.
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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 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 future earnings loss and retraining costs), 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 legionnaires disease, including antibiotics, fluid resuscitation, monitoring and oxygen therapy.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Am I eligible for legionnaires disease compensation?
You are entitled to make an injury claim for Legionnaires' disease, if:
- you were injured in the last 3 years, and;
- someone else was responsible, and;
- they owed you a duty of care.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Who is liable for my Legionnaires' disease claim?
Legionnaires' disease is caused by the presence of dangerously high levels of Legionella pneumophila bacteria in water. Legionnaires' disease is most frequently contracted by:
- Drinking contaminated drinking water
- Inhaling contaminated water vapour or droplets - such as from fountain spray
Legionella pneumophila bacteria are naturally present in small, non-toxic quantities in lakes, rivers and reservoirs. Because the bacteria do not thrive, it is extremely rare for Legionnaires' disease to be contracted in natural, outdoor surroundings. Legionnaires' disease is also not contagious.
Legionnaires' disease is most often contracted in large, public access facilities, such as:
- Cruise ships
- Hotels
- Nursing homes
- Offices
- Hospitals
The cause of Legionnaires' outbreaks is inadequately cleaned and maintained water systems and equipment. Poor hygiene provides the conditions for Legionella pneumophila bacteria to multiply to toxic levels.
Likely sources of outbreaks
Typical sources of Legionnaires' disease outbreaks include:
- Air conditioning systems and humidifiers
- Cooling towers
- Hot and cold water systems
- Fountains
- Spas and pools
The property owner, landlord, employer or local authority has a legal responsibility to have health and safety procedures in place to prevent the spread of Legionnaires' disease. Health and safety procedures should include:
- Regular inspections, cleaning and disinfecting of water systems
- Regular elimination of build-up of rust, algae, lime scale and any organic matter which could encourage bacterial growth
- Maintaining cold water temperatures below 20ºC (68ºF) and hot water temperatures above 60ºC (140ºF) to inhibit bacterial growth. Legionella pneumophila bacteria cannot reproduce below 20ºC (68ºF) or above 60ºC (140ºF)
Legionnaire's disease claims can be made where negligence in cleaning and maintaining systems and equipment is identified as the cause of a Legionnaires' outbreak. Liable parties in Legionnaires' disease claims can include those responsible for:
- Design, construction and manufacture of systems and equipment
- Cleaning, maintenance and repair
- Owners of the building or ship
- Operational management team of the building or ship
If you contracted Legionnaires' disease while on holiday abroad, or on a cruise ship, you may still be able to make a personal injury compensation claim
What affects the process when claiming for legionnaires disease?
The way your legionnaires' disease illness developed will affect your claim. Click the icons below for more details.
Can I make a no win, no fee legionnaires disease claim?
Yes. With no win, no fee, you can claim legionnaires disease 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
Interested in talking to an injury specialist about your claim?
- Calls are FREE
- Confidential consultation
- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
We are open until 9pm this evening.
or arrange a callbackSources
Hospital Admitted Patient Care Activity, 2021-22 - NHS Digital (reviewed: 28/07/2024)
Legionnaires' disease - NHS (reviewed: 29/07/2024)
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.