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Certain industries entail a degree of exposure to toxic or harmful chemicals, and it is the employer’s responsibility to prevent any incidents of chemical poisoning. However, if you are injured in a chemical accident due to your employer’s failure to adhere to relevant health and safety regulations, there may be a basis for hazardous chemicals at work claims.
We understand how chemical injuries can lead to permanent consequences, including blindness and a loss of taste and smell. You may also be suffering from psychological trauma due to the accident at work and the prospect of not being able to work. As such, you could be entitled to compensation for your physical harm, emotional damages and any out-of-pocket money you spent on coping with these injuries. Having the support of a personal injury solicitor during the claims process will help you secure the payout you deserve.
Advice’s experienced personal injury solicitors have been working for many years to secure compensation for workers. It doesn’t matter whether you are a full-time employee or on a contract; Advice is here to ensure that your employer is held legally responsible. Contact our advisors now for more information on the services offered by our solicitors.
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- Can I Make A Hazardous Chemicals At Work Claim?
- What Is The Control of Substances Hazardous to Health Regulations 2002 (COSHH)?
- What Workplace Hazardous Chemical Accidents Can Compensation Be Claimed For?
- The Common Injuries Resulting From Hazardous Chemicals At Work
- How Much Compensation Could Be Awarded For Hazardous Chemicals At Work Claims?
- What Do I Need When Bringing A Workplace Claim For Hazardous Chemical Injuries?
- How Advice’s No Win No Fee Solicitors Can Help Me
- More information
Can I Make A Hazardous Chemicals At Work Claim?
Yes, you can make a hazardous chemicals at work claim if your injuries were due to your employer’s negligent acts.
Your employer has a responsibility to ensure the safety and well-being of all those who work for them by taking reasonable and practicable steps to prevent harm. The Health and Safety at Work etc. Act 1974 underlines obligations, such as providing protective equipment and training on safe practices. Additionally, the Management of Health and Safety at Work Regulations 1999 emphasise the importance of conducting sufficient risk assessments when employees work with chemicals. This type of responsibility or obligation is known as a duty of care.
Therefore, in order for hazardous chemicals at work claims to be valid, claimants need to prove the following elements:
- Your employer owed you a duty of care.
- They breached their duty of care as an employer.
- You suffered a chemical injury due to this breach.
Contact a friendly advisor now to discuss the eligibility of your potential hazardous chemical injury claim. They can assess whether you have good grounds to make an accident at work claim.
What Is The Control of Substances Hazardous to Health Regulations 2002 (COSHH)?
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) is legislation which requires employers to protect their workers from the health risks associated with hazardous chemicals. Under the COSHH Regulation 7, the following steps need to be taken:
- Emergency planning for chemical accidents or any incidents involving hazardous substances.
- Implementing measures to ensure the minimum possible exposure to toxic chemicals.
- Ensuring the availability of adequate instructions and information on the risks of hazardous substances and the control measures.
- Conducting risk assessments to identify potentially toxic substances and their associated risks.
The Health and Safety Executive (HSE), Great Britain’s workplace safety regulatory body, has provided some guidance on the COSHH, which defines ‘substances’ to include:
- The chemicals themselves or products containing chemicals.
- Fumes or vapours
- Dust
- Mist
- Gases, including asphyxiating gases.
- Biological agents
- Germs, including those that cause infections.
Speak to one of our advisors now for more information on claiming for an injury at work and hazardous chemicals at work claims.
What Workplace Hazardous Chemical Accidents Can Compensation Be Claimed For?
Compensation can be claimed for hazardous chemical accidents which occurred due to an employer’s breach of duty of care. Some common examples of accidents which lead to hazardous chemicals at work claims include:
- Lack of safety equipment: An employer doesn’t provide protective gloves to a worker handling caustic alkaline chemicals. The worker sustains chemical burns in their hands due to direct contact with the chemicals.
- Poor storage and labelling: Hazardous liquids are stored and labelled in a laboratory. However, a glass container containing a clear liquid has been placed next to some water bottles without a label. An assistant working in the laboratory accidentally ingests the clear liquid and suffers from burns in their stomach and throat.
- Accidental inhalation: An employer hasn’t conducted an inspection in their factory, and they fail to detect a leak in a chemical tank. Therefore, the tank leaks, causing employees to suffer from long-term respiratory issues.
- Chemical injection accidents: There is no proper waste disposal mechanism in a particular clinical setting. Therefore, while cleaning up, a worker comes in direct contact with a hypodermic syringe containing chemical residue. In addition to a piercing injury, the worker ends up with a toxic chemical directly injected into their bloodstream, causing them to collapse.
Did you suffer a chemical injury at work due to inadequate training? Call an advisor now, and you can also discuss more examples of hazardous chemicals at work claims
The Common Injuries Resulting From Hazardous Chemicals At Work
Here are some common injuries resulting from hazardous chemicals at work:
- Chemical burns.
- Skin irritation or dermatitis
- Breathing or respiratory issues
- Nausea and vomiting
- Allergies
- Pain in the affected area.
These chemical injuries may result from direct skin contact, inhalation, or ingestion, as discussed in the section above.
Get in touch now to discuss the things to know more about your rights after an accident at work.
How Much Compensation Could Be Awarded For Hazardous Chemicals At Work Claims?
The compensation you could be awarded for hazardous chemicals at work claims depends on factors such as the chemical you were exposed to and its effects on you. Exposure to certain chemicals will cause more significant injuries than other chemicals.
As far as your chemical injuries are concerned, the compensation for them would come under general damages. These are usually calculated with guidance from the Judicial College guidelines (JCG), which provide estimated compensation ranges for different injuries, including those to the internal organs.
Our table below provides some examples of the JCG figures which may be considered for chemical exposure. However, you must see this only as guidance, and the top figures aren’t from the JCG. If you would like to discuss your exact injury with an advisor and find out how much compensation you could claim, call today.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | There may be more than one injury or scar and a loss of earnings, extensive treatment and cosmetic procedures. | Up to £1,000,000+ |
| Injuries affecting sight- Total blindness | There is loss of vision in both the eyes. | In the region of £327,940 |
| Scarring to other body parts- Burns Covering 40% or more of the body | The compensation will depend on the cosmetic impact of the burns and percentage area of the body affected. | Likely to exceed £127,930 |
| Facial Disfigured- Very Severe Scarring | The cosmetic impact as well as the mental trauma is quite extreme in a relatively younger person | £36,340 to £118,790 |
| Facial Disfigurement- Less Severe Scarring | There is substantial cosmetic as well as psychological impact for a long time. | £21,920 to £59,090 |
| Facial Disfigurement-Significant Scarring | The worst effects may have been reduced due to plastic surgery and the psychological is minimal. | £11,120 to £36,720 |
| Injuries affecting the taste and smell- Total loss of taste and smell | In almost all cases of smell being lost, there is some impact on the sense of taste as well. | In the region of £47,810 |
| Dermatitis and Other Skin Conditions- Severe (a) | There is dermatitis in both the hands, along with soreness and cracking, which affects employment and domestic abilities until at least a few years. | £16,770 to £23,430 |
| Dermatitis and Other Skin Conditions- Severe (b) | One or both the hands has been impacted by dermatitis for a significant period of time, but it settles with treatment or by using gloves for certain tasks. | £10,550 to £13,930 |
Special Damages In Hazardous Chemicals At Work Claims
In addition to general damages, you may be able to include special damages in your hazardous substances claim. This category accounts for the financial losses you’ve faced due to exposure to hazardous materials.
Some examples of special damages include:
- Costs of medical treatment, including travelling to various appointments.
- Cosmetic surgery for serious scarring and burns.
- Specialist creams and ointments for deeper marks on the skin.
- Physical aids, such as a nebuliser.
- Loss of earnings due to an inability to work for some time or even permanently.
Speak to our advisors now for more insight into compensation payouts.
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What Do I Need When Bringing A Workplace Claim For Hazardous Chemical Injuries?
You need to determine the correct time limit and start collecting evidence when bringing a workplace claim for hazardous chemical injuries. We will discuss both these steps in some detail below:
The Time Limit For Bringing A Workplace Claim
The Limitation Act 1980 generally provides a time limit of 3 years to start a workplace injury claim. However, there may be certain cases where this time limit is paused.
For more information on the exceptions, you can read our article on work injury time limits.
How Can I Prove Employer Negligence Caused A Hazardous Chemical Injury?
You can prove that employer negligence caused a hazardous chemical injury by collecting supporting evidence, such as medical reports or photographs.
Get in touch with our advisors now for more information on proving an injury at work.
How Advice’s No Win No Fee Solicitors Can Help Me
Advice’s No Win No Fee solicitors can help you in the process of making hazardous chemicals at work claims through their knowledge and expertise. They provide the following services for your convenience:
- Assistance in drafting witness statements.
- Calculating how much compensation you could potentially claim.
- Helping you in the process of gathering evidence.
- Reminding you of the applicable time limits and any relevant exceptions.
- Negotiating with your employer’s insurer on your behalf.
- Arranging a medical examination to record your injuries.
Our personal injury solicitors offer these services through a cost-effective Conditional Fee Agreement (CFA). This is a specific type of No Win No Fee agreement, meaning our solicitors don’t charge solicitors’ fees upfront or in the middle of the claim for their work. There is also no solicitor’s fee if you lose your claim. If your claim succeeds, you will have to pay only a small percentage of your compensation. This is the success fee, which has a legal cap to prevent any extortion.
Get In Touch With Our Experts
For more information on No Win No Fee agreements and hazardous chemicals at work claims:
- Contact us online.
- Call on 0161 509 2856.
- Speak to us on live chat.
More Information
You can check out our other guides:
- Information on making construction accident claims.
- Our guide on claiming for injuries on a production line.
- Details on claiming for a hand injury at work.
For additional information, you can read through these resources:
- Government guidance on employment status.
- Information from the government on the National Minimum Wage.
- Details from the NHS on acid and chemical burns.
