Hazardous Chemicals At Work Claims Guide

Many businesses and industries use hazardous chemicals that can significantly impact the health of employees. Taking appropriate safety measures can make all the difference in a potentially dangerous working environment, but not every employer fulfils their responsibility to protect employees. That can lead to severe harm, as our guide to the hazardous chemicals at work claims process will show.

Key Takeaways

  • Hazardous substances are used in agriculture and farming, as well as various industries like manufacturing, pharmaceuticals, and construction.
  • Numerous chemical substances can be found in various workplaces, including ammonia, benzene, and hydrochloric acid.
  • Causes of chemical accidents at work include improper storage, insufficient training, and inadequate ventilation.
  • Skin irritation, burns, scarring, respiratory issues, and organ damage can result from chemical exposure.

Our panel of personal injury solicitors are dedicated to delivering a client-focused service that aims to be as supportive as possible. That has helped clients nationwide, and you could benefit next from their commitment. Contact our advisors today to find out more and get a free no-obligation consultation:

A scientist wears protective clothing and glasses around hazardous material, toxic waste, and radioactive substances

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What Are Hazardous Chemicals At Work Claims?

Hazardous chemicals at work claims are the legal process in which a worker or employee can seek compensation for injuries caused by dangerous substances. Such claims can compensate workers for the effects of chemical exposure, as well as for any associated financial losses.

Some of the most common hazardous chemical injuries are sustained because of direct exposure. These can impact the:

  • Skin: Defective machinery causes a serious accident and a substantial chemical spillage at a construction site, but no attempt is made to cordon it off or alert workers. You later fall heavily and suffer severe burns.
  • Eyes: You routinely work with dangerous chemicals at a food processing facility, but management knowingly supplies defective protective goggles. A subsequent ammonia leak leaves you with permanent loss of sight.
  • Organs: Warehouse management does not adequately train employees on handling potentially hazardous substances at work. This results in you suffering severe respiratory problems and lung damage due to exposure to harmful chemicals.

In the following sections, we’ll provide an in-depth breakdown of the hazardous chemicals at work claims process. You can also reach out to an advisor for more tailored guidance.

Can I Make A Claim For A Hazardous Chemical Work Injury?

You can make a claim for a hazardous chemical work injury, but you must first check whether you have a valid case. That means answering ‘yes’ to the following questions:

  • Did your employer owe you a duty of care?
  • Did they breach this duty?
  • Did you sustain a chemical injury as a result?

Answering in the affirmative to all 3 may mean you have a valid hazardous substances claim. In short, employers have a responsibility to their workers that is primarily laid out in the Health and Safety at Work etc. Act 1974 (HASAWA). This is termed a duty of care and involves taking reasonable protective measures to ensure a worker’s health, safety, and overall well-being.

The Control of Substances Hazardous to Health Regulations 2002

Alongside the HASAWA, employers must also comply with The Control of Substances Hazardous to Health Regulations 2002. This legislation requires employers to:

  • Conduct risk assessments.
  • Prevent exposure to harmful substances or at least adequately control exposure where not (reasonably) practical.
  • Provide training, information, and appropriate instruction.
  • Supply sufficient personal protective equipment (PPE).
  • Ensure emergency planning is in place.

What If I Was Partially Responsible For My Hazardous Chemical Injury?

If you were partially responsible for your hazardous chemical injury, your claim may be settled on the basis of contributory negligence. This would see your compensation adjusted according to the degree of fault you have for your injuries.

Say you and factory management share responsibility for your injuries. If you are later found 30% liable, you would receive 70% of the compensation payout. Our advisors can provide further details and help determine whether you have grounds to claim compensation, so please get in touch today.

A man holds a red container while wearing PPE to guard against lung disease and other serious illnesses

The Average Compensation For Hazardous Chemical Accidents

Rather than looking at the average compensation for hazardous chemical accidents, it may be more beneficial to consider how payouts are calculated. This process involves a solicitor using medical evidence and the Judicial College Guidelines (JCG) to assess the potential value of a claimant’s injuries. The JCG is useful for calculations as it pairs suggestive compensation brackets with various injuries.

Our table below includes several JCG brackets, none of which represent a guarantee of how much compensation you might receive. Please also note that the initial figure isn’t sourced from the JCG.

InjurySeverityCompensation
Multiple Very Severe Injuries + Financial Impact (e.g. Medical Expenses)Very SevereUp to £1 million +
SightTotal BlindnessIn Region of £327,940
Loss of Sight in 1 Eye with Reduced Vision in the Remaining Eye (ii)£78,040 to £129,330
Complete Loss of Sight in 1 Eye£60,130 to £66,920
Bodily ScarringBurns Covering 40% or More of the BodyLikely Exceeding £127,930
Multiple Noticeable Laceration Scars or 1 Single Disfiguring Scar£9,560 to £27,740
Facial DisfigurementVery Severe Scarring£36,340 to £118,790
Less Severe Scarring£21,920 to £59,090
Significant Scarring£11,120 to £36,720
Dermatitis/Other Skin ConditionsDermatitis of Both Hands (a)£16,770 to £23,430

Can I Claim For Special Damages In Hazardous Chemicals At Work Claims?

You can claim for special damages in hazardous chemicals at work claims if your injuries have had a financial impact. Chemical injuries can lead to significant costs like occupational therapy and private cosmetic procedures, as well as:

  • Lost earnings: Also considers future impact, as a serious illness may mean you are unable to return to work.
  • Medical: Private treatments, medications, and physiotherapy can help manage scarring, nerve damage, and weakened immune systems.
  • Adaptations: You may need to install grab rails, improve ventilation, or purchase accessible appliances.
  • Care: This may involve full-time professional care or day-to-day assistance from family.

No matter the expense, you’ll need to prove the loss with evidence, such as payslips and invoices. Please speak with an advisor for further guidance about using financial evidence in chemical injury claims.

A cleaner carries a bucket of products that contain potentially toxic chemicals and other hazardous substances

How Can I Make A Claim For A Workplace Hazardous Chemical Injury?

To make a claim for a workplace hazardous chemical injury, you will need evidence that shows how your employer was at fault for the harm you suffered.

Evidence can vary, but commonly includes:

  • Photographs/CCTV footage: Can document visible injuries, such as permanent scarring from chemical burns, and provide insight into the accident.
  • Medical reports: Test results, diagnoses, and notes can show how you’ve been impacted by exposure to hazardous substances at work.

  • Eyewitness details: Your solicitor can use this contact information to collect supportive witness statements from other injured workers or family.

One of the solicitors from our panel can help gather evidence and also ensure your claim is filed within time. Generally, a personal injury compensation claim must be started within 3 years of an accident, but exceptions apply. You can read our guide on time limits and contact our advisors to find out more.

Get Help With A Hazardous Chemical Claim From Public Interest Lawyers

You can get help with your hazardous chemical claim from the moment you reach out to Public Interest Lawyers’ advisory team. If you have an eligible case, you can be put in touch with a specialist solicitor from our panel. They understand that an empathetic approach can make all the difference when navigating the claims process.

Mindful of that, they take on every case with the firm belief that their clients should always feel valued and heard. Of course, that commitment isn’t the only advantage to working with one of them:

  • Consistent support: Your solicitor will take the time to listen, keep you informed, and ensure they are always there to advise you throughout the process.
  • Case building: You’ll get help with gathering evidence of employer negligence and building a strong narrative for compensation.
  • Rehabilitation: A personalised care plan will support your recovery and coordinate access to specialist services, including counselling and occupational therapy.

A specialist solicitor from our panel can offer a Conditional Fee Agreement. This No Win No Fee agreement ensures you won’t be charged any ongoing or upfront solicitor fees, and none at all if the claim is lost.

In fact, you’ll only pay for your solicitor if you win, via a success fee. This fee is fully explained from the start and is taken as a capped percentage of the compensation.

Contact Our Team Of Advisors

If you’re ready to get started with your claim, please contact our team of advisors today by:

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Learn More

You can learn more about accident at work claims in some of our other guides:

The following resources may also be useful:

Please feel free to get in touch for more tailored guidance on the hazardous chemicals at work claims process.