Hazardous substances compensation claims
If you have been exposed to a dangerous substance at work and it has made you unwell or caused injury, then you may be able to claim. Thompsons has been dealing with hazardous substances compensation claims for employees in Scotland for years and our personal injury lawyers work to secure compensation in your case.
One of the most common workplace hazards, from construction and manufacturing to agriculture and health care, is exposure to dangerous substances. The consequences vary hugely from a simple skin irritation to severe, chronic lung disease or even cancer.
COSHH regulations 2002 were put into place to ensure the safety of employees but sometimes these are ignored by employers and this is something you are entitled to take action against.
Following a severe allergic reaction to latex at her place of work, our client received £6,000 in personal injury compensation from her employer. Allergic Reaction To Latex At Work - Case Studies
What Are Hazardous Substances?
A dangerous substance is anything that can cause harm upon contact and is a fairly inclusive term. In the workplace you could come into contact with any number hazardous substances including industrial cleaning products, fumes from manufacturing processes, biological agents, solvents, and even dust. Injuries varies depending on the hazardous substance and we see everything from dermatitis or a burn to asthma, respiratory problems and cancer.
Most dangerous substances are covered under the COSHH regulations 2002 (Control of Substances Hazardous to Health). COSHH presents requirements for controlling employee exposure, carrying out a risk analysis, implementing control measures and providing adequate training and protective gear. If your employer failed to do this and you were harmed, you have a potential claim.
Hazardous substances can be found in virtually any working environment or workplace from offices, factories, and farms to hospitals and building sites. These substances may be created as a by-product of work activity (welding fumes for example), naturally occurring (grain dust, silica) or biological in nature (bacteria in hospitals or sewage processing). Examples of such substances are chemicals deemed dangerous as per the CHIP Regulations 2002, biological agents in hospitals or refuse treatments, dusts in excess of the COSHH concentration limits or asphyxiants such as argon or helium replacing oxygen in enclosed spaces.
Your employer's responsibilities under COSHH
Employers have a lot of legal responsibilities. Under the COSHH regulations 2002, employers have a legal duty to prevent employees' exposure to hazardous substances and take all reasonable steps to ensure a safe working environment. If they get it wrong the consequences can be fatal - both for the individual worker and the employer.
There are eight steps that any employer should take. They should first evaluate the risks of any dangerous substances that could be used or produced during work, and consider what precautions to take before work even starts. Then they should eliminate, or where that's not possible, control the exposure, for example by using local exhaust ventilation or personal protective equipment.
Control measures should be maintained and staff properly trained on their use. Employers should then monitor exposure levels, and provide any health surveillance required. Emergency procedures should be established for accidents and emergencies, and workers should be informed, trained and supervised when required.
The obligations are in place because the fallout from non-compliance can be so dire. And if your employer didn't do something properly and you suffered as a result, that is exactly the sort of thing a compensation claim is built for.
Injuries and illnesses caused by hazardous substance exposure
The damage caused by hazardous substances can be from relatively trivial to life-changing. Respiratory problems, like occupational asthma, are very widespread. Skin problems such as dermatitis affect cleaners, hairdressers, builders and factory workers.
Burns that occur from chemical exposure cause scars that last a lifetime. Chronic exposure causes cancer: this is not a wild hypothesis but an established trend across industries from farming to manufacturing.
Timing is another factor. You don't always fall ill immediately after being exposed. Some industrial diseases can develop over many years, in some cases a lifetime.
Mesothelioma, caused by exposure to asbestos, is the best known case of this as symptoms may not appear for 20 or 30 years.
Non-Controlled Hazardous Substances
Certain hazardous substances lie outside the scope of COSHH. Asbestos, lead and radioactive material are all covered by their own regulations as seen in the Control of Asbestos Regulations 2012, the Control of Lead at Work Regulations 2002. These substances are not excluded from COSHH because they are considered less hazardous, but because they are hazardous enough to require their own regulations.
Working with non-controlled substances still comes with significant risks. Employers are still required by law to follow the correct safety procedures and legislation. If you or a family member have been exposed to asbestos, lead or any other non-controlled dangerous substance and been injured or fallen ill, we can help you claim compensation.
We have vast experience of this type of case and will guide you every step of the way.
The Carriage of Dangerous Goods Regulations and the European Agreement (ADR) also regulate the carriage of dangerous items, and accidents during transit can lead to claims for damages.
How to make a hazardous substances compensation claim
There are two parts to a successful claim. First, you must prove that a dangerous substance caused your injury or illness. Second, you must prove that your employer or the person responsible did not fulfil their duty of care.
Our solicitors will take care of the legal aspect, but the evidence you accumulate in the early stages will be important. Save everything that establishes a connection between your condition and exposure to a substance. This includes medical records and records of treatments, your employer's record of the accident, photographs of your workplace or the substances involved, contact details for colleagues present at the time of the incident, and receipts for any expenses caused by the injury.
Time limits for hazardous substance claims
There is generally a three-year time limit for making a compensation claim. For a simple accident at work, the three years begin from the date of the accident. For industrial diseases, which take a long time to develop, the three years begin from the "date of knowledge" - the date on which you knew, or ought reasonably to have known, that your condition was caused by your work.
This is a very important factor in a claim for industrial disease such as mesothelioma or chronic respiratory disease, where the time lag between exposure and symptoms is extreme.
Getting legal advice early is recommended if you believe you could bring a claim.
Frequently asked questions
COSHH covers substances classified as hazardous, biological agents such as bacteria and viruses, any dust above certain concentration levels, and asphyxiants that cause a depletion of oxygen in confined spaces. Asbestos and lead are covered by their own separate regulations.
The illnesses caused by hazardous substances vary and include dermatitis, occupational asthma, chemical burns, chronic respiratory disease and many forms of cancer. The impact will depend on the nature of the material, duration of contact and dose received.
Within three years of the event, or from the date you became aware that your condition was a result of substance exposure.
Start your hazardous substances compensation claim
If you or someone close to you has been harmed by hazardous substances at work, contact us today.
We are able to advise you on all aspects of your claim from the COSHH regulations all the way through to court proceedings. We offer a free, no-obligation consultation in which we will review your case and guide you through your options.
Contact Thompsons Solicitors today. We are here to help you receive the compensation you deserve.
