Perchlorate-Related Illness Compensation Claims

If your life, or the life of a loved one, has been affected by a perchlorate related illness we can help.

The purpose of this guide is to help anyone who has suffered a perchlorate related illness 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 perchlorate-related illness compensation:

Introduction

Perchlorates are a known toxin identified as having a negative impact on health, in particular, thyroid function, metabolism and hormonal balance. Although perchlorates, or perchlorate salts, occur naturally, they are also manufactured in significant amounts because of their slow reacting, volatile properties.

Because of this, people who work in certain industries are particularly at risk of exposure. This includes manufacturers of rocket fuel, explosives, airbags, fireworks and fertilisers.

If an individual experiences a perchlorate related illness having suffered exposure in the workplace, they could be entitled to claim for compensation if the employer was at fault.

Do I have a perchlorate-related illness claim?

It should be possible to make a perchlorate-related illness 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 perchlorate-related illness?

The amount of money you could claim for your perchlorate-related illness 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 perchlorate-related illness 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 perchlorate-related illness? (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 perchlorate-related illness 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 perchlorate-related illness will depend entirely on your specific circumstances.

Your perchlorate-related illness 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.

Can I claim for prescription costs?

Special damages?are awarded for costs or losses incurred as a result of the perchlorate-related illness injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?

Perchlorate-related illness compensation

Calculating how much compensation you can claim for a perchlorate-related illness 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 perchlorate-related illness claim could be worth now:

Calculate compensation

How long does a perchlorate-related illness claim take?

How long it can take to process a perchlorate-related illness claim can vary significantly.

A straightforward liability accepted injury claim could be completed in a few weeks. If liability is denied, however, a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. See more: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your perchlorate-related illness 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.

Understanding perchlorate

A perchlorate (CIO4) is a negatively charged group of atoms consisting of a central chlorine atom bonded to four oxygen atoms. When combined with positively charged ammonium or alkalis, they become an inorganic compound known as perchlorates or perchlorate salts.

Five perchlorates are manufactured in significant amounts:

  • magnesium
  • potassium
  • ammonium
  • sodium and
  • lithium perchlorates

Perchlorates can enter the body through ingestion, which is more common in general environmental exposure. However, in workplace exposure, inhalation is the most likely route. Once inside the body, perchlorates are thought to affect the thyroid, partially inhibiting its uptake of iodine - the building block for the thyroid hormone.

As the thyroid function regulates a number of body functions, when affected, a range of symptoms can occur.

Diagnosing a perchlorate related illness

One of the first steps in a perchlorate related illness claim is establishing a firm medical diagnosis. Many of the symptoms of perchlorate exposure are common to a range of thyroid disorders. Recognised symptoms include:

  • Fatigue
  • Weight gain
  • Slow heart rate
  • Dry skin and brittle nails
  • Numbness of tingling in the hands
  • Hair loss

It is important when being assessed that a person provides details on their work history. This can help a doctor establish any links between the symptoms and possible perchlorate exposure. Urine and blood tests can also be performed to detect whether or not there is perchlorate in the body.

What are the responsibilities of an employer regarding perchlorates?

Perchlorates are colourless and odourless; however, any employer who knows their industry and who has carried out a full risk assessment - a legal requirement - should have identified the risk.

In addition, although the use of perchlorates is necessary in some industries, an employer should do everything that is 'reasonably practical' to ensure employees do not become ill due to neglectful exposure. This could include:

  • Installing adequate installation
  • Supplying suitable personal protective equipment (PPE), such as breathing masks
  • Providing adequate training on the risks of perchlorates and the agreed control measures
  • Limiting weekly exposure times

This 'duty of care' falls under a range of legislation including the Health and Safety at Work etc Act 1974, the Management of Health and Safety at Work Regulations 1999 and the Control of Substances Hazardous to Health 2002 (COSHH).

If an employer fails to meet any of these requirements, they could be liable if negligence can be proven.

How can negligence be proven?

Proving negligence, and ultimately establishing liability, is not always straightforward in perchlorate related illness claims. As exposure can occur in everyday situations, proving that the workplace was the causal factor will often require a range of evidence.

This could include medical reports demonstrating high levels of perchlorate, which is found predominantly in people exposed on a daily basis. It could also include company health and safety records which show that a risk has not been identified or a control was not adequate.

No win, no fee, no risk

'No win, no fee' means that if you do not win your perchlorate-related illness claim, you will not have to pay any legal fees whatsoever. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a legal agreement entered into between you and the solicitor.

No win, no fee guarantee

Our no win, no fee guarantee means there is absolutely no financial risk in making a perchlorate-related illness 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 perchlorate-related illness 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 perchlorate-related illness claim?

If your perchlorate-related illness claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.

How do personal injury solicitors get paid?

If your perchlorate-related illness claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

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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Perchlorate-related illness 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 perchlorate-related illness claim?

In general, you have a time limit of up to 3 years from the date of the perchlorate-related illness to make an injury claim.

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

Can I claim for a perchlorate-related illness 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 perchlorate-related illness compensation.

In reality, there are a number of factors that can affect whether a perchlorate-related illness 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