Personal injury advice from
Thompsons Solicitors
Chemical Injury Claims
If you have suffered a chemical injury and you believe that someone else was to blame, you may be in a position to make a personal injury claim for compensation.
Our specialist personal injury solicitors are experts in all areas of accident and industrial disease cases and can provide you with cost-free injury claim advice and assistance. You keep 100% of your compensation. We will not charge you a penny in legal fees. Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online.
Chemical Injuries
Symptoms of a Chemical Injury
Effects of Chemical Injuries
Making a Chemical Injury Claim
Chemical Injury Compensation
Expert Personal Injury Claim Advice
Chemical Injuries
There are a great many chemicals and substances that are hazardous to human health, some of which are used in workplaces for various purposes and some are found in household products or in the environment. If they are improperly used, handled, stored or controlled, they can cause harm.
A chemical injury can occur from an isolated incident, for example if a chemical solution is spilt onto the skin, or over a period of time through repeated, low-level exposure. You may sustain a chemical injury as a result of an accident at work, accident in the home, because of a faulty product, or due to environmental pollution.
Some of the known causes of chemical injuries are:
• Benzene
• Carbon Monoxide
• Chlorine
• Chromium
• Colophony
• Cleaning solutions and detergents
• Dioxins
• Isocyanates
• Lead
• Mercury
• MTBE
• Organophosphates
• PAH / Hydrocarbons
• PCBs
• Perchlorates
• Pesticides
• PVC (VCM)
• Soil contamination
• Solvents
• Suds and cutting oils
• Teflon (PTFE)
• Toluene
• Trike or Trichlorethylene or Genclene (TCE)
• Welding fumes
• Household chemicals – e.g. paint, chlorine, ammonia, bleach, insect repellents, rodent poison, adhesives, oven cleaners, paint thinner, lighter fluid, hair colourants and sprays, talcum powder etc
Employers have a responsibility to keep their employees as safe as possible at work. If chemicals are used in the workplace they must comply with the COSHH (Control of Substances Hazardous to Health) Regulations and ensure that they are stored, labelled, handled and used correctly at all times.
Risk assessments should be carried out for all tasks, members of staff should receive any necessary training and controls such as ventilation and safe working practices should be implemented. Where it is not possible to eliminate or failing that control exposure to harmful chemicals altogether, personal protective equipment (PPE) should be provided.
Businesses must ensure that they put measures into place to prevent harmful chemicals from leaking out into the environment and contaminating the air, ground and water supply surrounding their premises.
Manufacturers of products that could cause a chemical injury must also take care to ensure that adequate information is provided on the packaging about the ingredients and directions for use and that clear warning labels are affixed where necessary.
Symptoms of a Chemical Injury
There are certain symptoms to look out for if you believe that you may be suffering from a chemical injury or illness, such as: headaches, nausea, fatigue, confusion, memory problems, flu-like symptoms, difficulty breathing, stomach cramps, vomiting, blurred vision, eye irritation, skin irritation and burns.
Anyone with a suspected chemical injury should seek immediate medical advice.
Amongst those most at risk from suffering a chemical injury are: farm and agricultural workers (pesticide exposure), laboratory workers, young children (household chemicals and lead poisoning), print industry and dye industry workers, plastic and rubber production workers, dry cleaners, metal and metal alloy production workers (chromium) and foundry workers (hydrocarbons).
Effects of Chemical Injuries
The effects of exposure to hazardous chemicals can vary, dependent upon the substance involved and the length and type of exposure. Many people injured by chemicals will make a full recovery with the correct treatment, however others can be left with chronic conditions. Some chemical injuries include:
• Chemical burns – Caustic, corrosive chemicals can cause chemical burns if they come into contact with the skin.
• Chemical poisoning – Ingesting chemicals, inhaling them or absorbing them through the skin can result in chemical poisoning.
• Dermatitis – Exposing the skin to irritant substances can cause occupational dermatitis, a skin condition.
• Asthma – Inhaling certain hazardous fumes, dusts and particles can cause occupational asthma, a respiratory condition.
• Bladder cancer – Exposure to certain chemicals, particularly those used in dyes and rubber production, can cause an increased risk of bladder cancer.
• Neurological damage – A chemical injury can cause neurological damage leading to impaired speech or motor functions, or mental confusion.
• Infertility – Certain chemicals can cause damage to the reproductive system and cause infertility or birth defects.
• Liver and Kidney Damage – The liver and kidneys are the filtration systems for the body and when exposed to high levels of toxins they can become damaged.
Making a Chemical Injury Claim
If you believe that you are suffering from an injury, illness or condition caused by exposure to chemicals, it is important to seek medical advice as soon as possible, keeping a record of your symptoms and any treatments, as you may be entitled to claim personal injury compensation. If applicable, also retain any evidence to support the exposure and in particular the specific chemicals that you feel may have caused the condition. There can be an exposure to just one substance or perhaps even a cocktail of chemicals so please try and identify the problematic materials if you can with labels from tins or containers and any employers / manufacturers guidance / safety / usage instructions or hazard data sheets that may be available. It is useful to keep details and receipts of any personal expenses that have arisen as the result of your injury or illness as well, as it may be possible to reclaim these at a later date.
In order to investigate whether a chemical injury claim can be made, it is necessary to collect as much detailed information as possible. In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
In any personal injury claim it is necessary to show that the person you are making a compensation claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. There may also be a breach of a statutory regulation.
Chemical Injury Compensation
There are two elements to a chemical injury compensation award. The first is for the pain and suffering you have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after your condition developed that you used to be able to do before, eg, wash your car, look after your garden, walk the dog, etc. The award for loss of amenity can be for a short period after you develop a chemical related illness or injury, or forever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to your chemical injury, so that these can be reclaimed. The aim is to put you back in a position financially as if the condition had never developed.
If you are unable to continue your employment, or you may be vulnerable on the open labour market if you lose your job or wish to work elsewhere, there may be further heads of compensation that you can claim. Also, the loss of a vocational job such as a healthcare role can be very distressing and again the Court may award some compensation for this disappointment (known as loss of congenial employment).
Expert Personal Injury Claim Advice
Our lawyers have a wealth of experience in recovering compensation for the victims of personal injury, industrial disease and illnesses caused by hazardous substances. We always aim to achieve the maximum compensation possible in the shortest time for our clients.
We never work for employers or insurance companies, so you can be sure that we will act in your best interests at all times and your case will be handled by a specialist lawyer in a sympathetic and efficient way.
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