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

Latex allergy injuries caused by workplace or medical exposure can lead to serious allergic reactions. Compensation claims can cover medical treatment for the allergic response, as well as any related loss of earnings or expenses you incur.

If your life, or the life of a loved one, has been affected by a latex allergy injury, we can help. If your illness were caused by your employer or a co-worker, you may be entitled to claim compensation.

You can make a No Win, No Fee work illness compensation claim with the help and support of a work injury solicitor.

With up to 6% of people being sensitive to latex, you are not alone

Up to 6% of people may be sensitive to latex (anaphylaxis.org.uk).

Many common products contain latex and must be clearly labelled as such (including latex gloves, tyres, and certain pillows and mattresses).

Employers and manufacturers have a responsibility to protect people with latex allergies from unnecessary exposure. This includes providing non-latex alternatives for required personal protective equipment (PPE) in workplaces and managing areas with potential latex dust exposure. If this duty is breached leading to an allergic reaction, compensation claims can typically be made.

If you decide to make a latex allergy injury claim, your work illness 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.

For information on allergy symptoms and treatment, visit: allergies (nhs.uk).

Am I entitled to make a latex allergy injury claim?

If you've been injured or diagnosed with an illness in the last three years and it wasn't your fault, you will be able to claim compensation.

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.

How long do I have to make a latex allergy injury claim?

An injury claim will usually need to be made within 3 years of the date or your accident or injury.

For injured children, a claim can be started by a parent or guardian at any time before they turn 18. Thereafter, the injured individual has until their 21st birthday to make a claim on their own.

How much compensation can I claim for a latex allergy 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.

Latex allergy injury compensation calculator

Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.

Updated June 2024 Compensation Calculator v3.04

General damages

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.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages is compensation for quantifiable financial losses you've incurred as a result of your latex allergy injury. Compensation can include lost wages, bonuses, benefits and other perks, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as removal from exposure, antihistamines, epinephrine and corticosteroids.

Read more:

A complete list of recoverable losses in a personal injury claim

Causes of latex allergies

Latex Allergy is an allergic response to:

  • Proteins present in natural rubber latex or
  • Chemicals used in processing natural rubber latex

Following exposure to natural rubber latex, some individuals may develop extreme sensitivity to these proteins or chemicals. The body's immune system is triggered and will react to any future exposure to latex.

Finding the cause

It will be necessary to determine the source of the latex allergy when making a claim. For the claim to be successful, In the context of work-related illness, it must be established that the latex allergy was caused by a breach by the employer. Sources of an allergic reaction to latex can include:

  • Latex gloves (e.g. when mislabelled as latex-free)
  • Latex balloons
  • Inhalation of latex particles
  • Rubber balls and other rubber products

Witness statements and medical evidence may be used to demonstrate that your allergic reaction happened due to your working conditions.

Read more:

Work-related illness claims

Symptoms of a latex allergy

There are two applicable categories of latex allergy response: Type I and Type IV.

Type I Latex Allergy Response

Type I is the most severe type of allergic response. Symptoms occur immediately following contact with latex and can include respiratory difficulties, skin reactions and asthma. In very serious cases Type I latex allergy can produce anaphylaxis. This is a potentially life-threatening allergic response which severely restricts the ability to breathe.

Type IV Latex Allergy Response

A Type IV Latex Allergy response presents symptoms several hours after contact with latex. Symptoms typically include an itchy rash at the site of exposure, such as the hands if latex gloves have been worn.

Compensation is calculated based on the severity of the injury, so more general damages compensation is paid for most claims for a Type I response than for a Type IV reaction.

Compensation is also paid for the impact the symptoms have had on your life. If complications result from a Type I reaction, and claim can also be made for resulting injuries and longer-term conditions such as asthma.

Diagnosing a latex allergy

Medical tests will be used to identify the type of latex allergy:

  • Type I Latex Allergy - blood and skin prick tests, combined with a detailed clinical history
  • Type IV Latex Allergy - 'patch testing' can confirm which chemicals are producing the latex allergy reaction

Type II and Type III allergies are more commonly associated with autoimmune diseases than isolated exposure to an allergen.

If you are unsure if your injury or illness resulted from an allergic response to latex, you can still make a claim. Your lawyer will arrange for an independent medical report to confirm the latex allergy diagnosis.

Risks of latex exposure in the workplace

Employees who are regularly in contract with products containing latex could be at risk of developing a latex allergy.

Higher-risk latex exposure occupations include:

  • Medical staff, including doctors, nurses and surgeons
  • Dental surgeons and nurses
  • Electricians
  • Cleaners

The most common latex allergy producing product is latex rubber gloves. Latex gloves are often powdered to stop them sticking together. Latex allergy may be triggered from this airborne power, even where no direct contact is made with the gloves.

Latex allergy regulations

Under the Control of Substances Hazardous to Health Regulations 2002 (COSHH) (hse.gov.uk), employers must assess the risks of exposure to hazardous substances in the workplace, including latex.

Employers must take reasonable steps to control the risks of latex exposure. Employers must also provide training and information on latex exposure in the workplace.

Preventative measures in the workplace can include:

  • Provision of non-latex gloves
  • If latex gloves must be worn; providing a powder-free, low protein option
  • Screening employees who have excessive exposure to latex products for latex allergies

If an employer is proven to have failed in their duty of care under COSHH Regulations, they could be held liable for latex allergy compensation claims.

What happened?

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

No win, no fee latex allergy injury compensation claims

With no win, no fee, you can claim latex allergy injury 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.

Find out more about how no win, no fee claims work

Get expert advice now

Interested in talking to a workplace illness specialist about your claim?

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Call 0800 376 1001

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Citations

Source: (reviewed: 10/12/2023)

Chris Salmon, Director

Author:
Chris Salmon, Director