Latex Allergy Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a latex allergy injury we can help.
The purpose of this guide is to help anyone who has suffered a latex allergy injury 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
latex allergy injury compensation:
The Health and Safety Executive estimates that between 1-6% of the population has a latex allergy.
Many everyday products contain latex, such as latex gloves, tyres, swimming caps and the foam inside some makes of pillows and mattresses.
Employers and manufacturers must ensure that individuals with a latex allergy are not unreasonably put at risk through exposure to latex-containing products and latex dust.
Where this duty is breached, and the breach results in an allergic reaction, a claim for compensation can usually be made.
Do I have a latex allergy injury claim?
It should be possible to make a latex allergy injury 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.
The amount of money you could claim for your latex allergy injury 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 latex allergy injury 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 latex allergy injury? (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 latex allergy injury 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 latex allergy injury will depend entirely on your specific circumstances.
Your latex allergy injury 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 see the complete judicial college tables?
The table above (excerpted from the Judicial College Tables) shows the most common latex allergy injury claims. To see the complete list see: Judicial College Injury Tables.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a latex allergy injury 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?
Latex allergy injury compensation
Calculating how much compensation you can claim for a latex allergy 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 latex allergy injury claim could be worth now:
How long does a latex allergy claim take?
The length of time needed to settle a latex allergy claim can vary significantly.
For example, a straightforward uncontested personal injury claim can settle in a month or two. However, if liability is denied it could take significantly longer. Usually, a claim should take 6 to 9 months. See: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your latex allergy injury 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.
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. The body believes latex is harmful and produces antibodies in response.
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 an medical evidence will be used to demonstrate the trigger for the allergic reaction.
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
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
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), 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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee, no risk
No win, no fee means that your solicitor will not charge you any fees if your latex allergy injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.
Our no win, no fee guarantee
Our no win, no fee guarantee means there is zero financial risk in making a latex allergy injury 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 latex allergy injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after 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 latex allergy injury claim?
If your latex allergy injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
How do personal injury solicitors get paid?
If your latex allergy injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
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 workplace illness 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
Latex allergy injury 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 latex allergy injury claim?
In general, you have a time limit of up to 3 years from the date of the latex allergy injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your latex allergy injury claim becomes 'statute barred'.
Can I claim for a latex allergy injury 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 latex allergy injury compensation.
In reality, there are a number of factors that can affect whether a latex allergy injury 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.
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