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).
How much compensation can I claim for a latex allergy?
Compensation for a latex allergy is dependent on:
- the severity of your illness,
- how your illness disrupts your life and work,
- any financial impacts or losses resulting from 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 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
How is compensation calculated if I have multiple injuries?
Average latex allergy injury general damages compensation table
The following latex allergy injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Asthma & breathing difficulty
| Severity | Example | Amount |
|---|---|---|
| Mild | Mild asthma, bronchitis, colds, & chest problems that resolve within months | Up to £5,710 |
| Modest | Relatively mild asthma-like symptoms | £11,810 to £21,300 |
| Bronchitis/Wheezing | Bronchitis and wheezing that affects your work and social life | £21,300 to £29,170 |
| Chronic | Chronic asthma that causes breathing difficulties and you require an inhaler from time to time | £29,170 to £47,720 |
| Severe | Severe and permanent disabling asthma, and/or prolonged and regular coughing that affects your daily life and ability to work | £47,770 to £72,950 |
Dermatitis
| Severity | Example | Amount |
|---|---|---|
| Short-term dermatitis | Affecting hands or other parts of the body (other than your face and scalp), where symptoms resolve with treatment, or short term aggravation of an existing condition | £1,890 to £4,380 |
| Longer-term dermatitis | Affecting hands or other parts of the body (other than your face and scalp), where symptoms take several months or years to resolve with treatment | £9,590 to £12,660 |
| Dermatitis lasting years or indefinitely | Symptoms that last indefinitely, and that affect your daily life and ability to work | £15,250 to £21,300 |
Lung disease
| Severity | Example | Amount |
|---|---|---|
| Temporary aggravation of bronchitis | Temporary aggravation of existing bronchitis or other chest problems, with recovery in a few months | £2,450 to £5,910 |
| Slight breathlessness | Slight breathlessness with no effect on your working life, with full recovery expected within a few years likely | £11,810 to £23,070 |
| Bronchitis and wheezing | Bronchitis and wheezing with little or no impact on your work or social life | £23,070 to £34,740 |
| Breathing difficulties | Breathing difficulties and/or asthma that requires frequent use of an inhaler, and that affects your daily life and ability to work | £34,740 to £60,840 |
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.
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:
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 factors affect the latex allergy claims process?
How your latex allergy injury occurred will impact the claim process. Click the icons below to explore further.
Can I make a no win, no fee latex allergy injury claim?
Yes. 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.
Get expert advice now
Interested in talking to a workplace illness specialist about your claim?
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Control of substances hazardous to health (COSHH) - health and safety topics in cleaning (reviewed: 30/07/2024)
Latex Allergy | Anaphylaxis UK (reviewed: 30/07/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.