£9,500 Compensation Payout For Carbon Dioxide Poisoning – Case Study & Claims Guide To Calculating Carbon Dioxide Poisoning Compensation

£9,500 Compensation For An Injury Caused By Carbon Dioxide

Have you suffered from carbon dioxide poisoning due to third party negligence? Are you considering claiming? This guide aims to answer any questions you may have and direct you to take the next steps that are best for you when seeking carbon dioxide poisoning compensation.

For free, detailed guidance relating to your specific case (with no obligation on your part to proceed), our team of advisors are here for you 24 hours a day, 7 days a week on 0800 408 7825.

Carbon dioxide poisoning claim

Carbon dioxide poisoning claim

Select a Section

  1. A Guide To Calculate Compensation For An Injury Caused By Carbon Dioxide
  2. Injuries From Carbon Dioxide
  3. Financial Loss From Industrial Injuries
  4. What Is A Carbon Dioxide Incident?
  5. Discover More About Care Claims
  6. Solicitors Value Compensation Settlements
  7. Case Study: £9,500 Compensation For An Injury Caused By Carbon Dioxide
  8. Carbon Dioxide Injury Compensation Calculation Estimates
  9. No Win No Fee Carbon Dioxide Poisoning Claims
  10. Seek Specialist Personal Injury Lawyers
  11. Get In Touch For More Advice On Carbon Dioxide Poisoning Compensation Claims
  12. Extra Reads

A Guide To Calculate Compensation For An Injury Caused By Carbon Dioxide

Information on how to claim compensation for carbon dioxide poisoning can sometimes be hard to find. That’s why, in this guide, we aim to provide you with enough information to enable you to be decisive on whether you can claim and how to do it.

After you read our guidance on what injuries qualify for a carbon dioxide compensation claim, you should have an understanding of what your employer’s responsibilities were at the time of the accident and your own too.

You’ll be given an overview of what financial loss is and how workplace accidents or accidents in a public place may affect you monetarily.

Through a case study, you’ll find an example of a carbon dioxide poisoning incident, what the claimant was able to prove and what costs they were able to recover as a result of their accident at work. No Win No Fee claims should also make sense to you by the end of the guide, and we’ll advise how important it is to get the right solicitor for you.

We know that each case is unique to the individual, so if you don’t find all of your answers here, you can call our advisors for free on the number in the top right corner of this page.

Injuries From Carbon Dioxide

Carbon dioxide is in the air we breathe and is not harmful in low concentrations. However, under the Control of Substances Hazardous to Health Regulations 2002 (COSHH), it is recognised as ‘hazardous to health’. 

Too much inhalation of carbon dioxide can lead to headaches, muscle twitching and, in strong doses, it can be fatal. If you suffered any symptoms of carbon dioxide poisoning due to a third party’s negligence your personal injury claim will be considered on the basis of their:

  1. duty of care;
  2. whether they breached that duty and;
  3. whether the accident caused your suffering.

Duty of Care Breach at Work

Under The Health and Safety at Work etc. Act 1974, an employer’s duty of care is to protect, as much as reasonably possible, the health, safety and wellbeing (both physical and mental) of their employees. They must do what is reasonably within their power to prevent workplace accidents. If accidents do occur due to not meeting the standards set out in law (breach of duty), the employer may be liable in a personal injury claim.

If your carbon dioxide poisoning accident took place at work, the Act requires that, despite your employer’s negligence, you should have taken reasonable responsibility for your own health, safety and wellbeing as well as of those around you. Consider the following:

  • Did you take care of your own health and safety and that of others?
  • Did you adhere to your employer’s health and safety at work policy?
  • Did you use the training you have received?

If you’re unsure, speak with our team who can guide you on your particular case.

Duty of Care Breach in Public Spaces

If you suffered due to carbon dioxide poisoning, whether you had permission to be in the public space/private premises or not, you could make a public liability claim.

The Occupiers’ Liability Act 1957 outlines ‘occupiers’ as those who occupy land or property, such as a landlord or your local council. The occupier’s duty of care is to ensure, within what is reasonably possible, that any visitor won’t unknowingly risk injury or their own safety while on their premises.

Breaching this duty of care could include the occupier not taking reasonable steps to:

  • warn you of the risks at the property/of being injured in a public place.
  • ensure any independent contractor(s) would advise you of the dangers.
  • check the contractor(s) would be deemed competent.

As a visitor, you may have breached your duty of care had you understood the risks and carried on regardless. This will be important in considering the strength of your case and your solicitor will discuss the impact with you. Get in touch with our personal injury claims team today to find out more. 

Did the accident cause suffering?

As a result of carbon dioxide poisoning, you may have suffered in a number of ways—mentally, physically and financially. If you had pre-existing conditions that were exacerbated by the accident, it may impact the compensation you receive. It is important to keep medical evidence and discuss it with your personal injury lawyer as outlined later in the guide.

Financial Loss From Industrial Injuries

As part of your claim, your solicitor may advise you to claim for financial loss. You may not realise just how much the carbon dioxide poisoning incident has affected you (and may affect you in the future) monetarily.

Taking unpaid leave from work, losing out on a workplace bonus and missing out on a pre-booked, non-refundable holiday are examples of financial loss as a consequence of the accident. If you paid for your own therapy or any medical expenses or even paid for travelling to these appointments, you may be able to claim the money back, but it is important to keep evidence of this through, for example, receipts and tickets.

For a deeper understanding of what financial losses you may be compensated for, call our advisors for free on the number at the top of the page.

What Is A Carbon Dioxide Incident?

The Health and Safety Executive (HSE) reports that air with carbon dioxide concentrations below 7% may only be mildly toxic, but danger rises with the increase in percentage.

Depending on how much carbon dioxide you inhaled and how long for, you may have experienced headaches, difficulty breathing, a fast heart rate, dizziness, twitching, confusion or unconsciousness. According to HSE, inhaling just 3% concentration for 1 hour can result in headaches.

Over a century ago, carbon dioxide was recognised as being a significant workplace accident hazard and this still stands today. However, dangerous levels of carbon dioxide can also contribute to accidents in public places.

Most fire suppression systems use carbon dioxide as a gas extinguishing agent. Household appliances, such as gas heaters, can also use carbon dioxide. Poor ventilation, maintenance, construction, installation and modifications can lead to intoxication caused by carbon dioxide.

Our panel of expert personal injury lawyers is dedicated and willing to analyse what may have caused your carbon dioxide poisoning and what that could mean for your compensation. Contact our team today to find out more.

Discover More About Care Claims

As part of your claim for financial loss, your solicitor may ask you about any additional care you received. The lower the percentage of carbon dioxide you inhaled, the less likely it is that you needed significant care.

For example, if you inhaled so much that you were rendered unconscious or endured adverse effects on your central nervous system, you may have needed a family member, friend or even hired additional help to care for you while you recovered. 

You may have endured multiple injuries, having to pay for childcare or cleaning services that you were unable to fulfil as a result of the accident. Even if you continue to pay for these services as a result of intoxication due to carbon dioxide, you may be able to recover the costs through your personal injury claim.

Solicitors Value Compensation Settlements

Every personal injury claim must be supported by medical evidence. It’s highly recommended that you seek medical attention as soon as you are able to after exposure to dangerous levels of carbon monoxide. The notes your doctor will make in your medical records will serve as useful evidence for your claim. 

Your solicitor will be able to support your case further by arranging for you to be examined by an independent medical expert who will produce a report for the court. This report can then be used by your solicitor to value and prove your claim.

The compensation you receive from a carbon dioxide lawsuit (including carbon dioxide poisoning) is divided into two main strands.

General damages 

Provided you have medical evidence from a doctor, you may be compensated for any physical pain, psychological suffering or impact on your quality of life as a consequence of the carbon dioxide poisoning. This makes up the basis of your general damages.

Special damages

Any financial loss resulting from the accident (such as medical bills the NHS can’t cover, additional care, the cost of travelling to and from medical appointments) are referred to as special damages. The level of compensation you receive may be affected by the evidence you provide, so it is crucial to retain tickets, bills, receipts and anything else your solicitor advises can be used to support your case.

You may have found yourself unable to work in your profession due to the incident, which could entitle you to higher levels of compensation. However, again, it is important to provide evidence for this and your personal injury solicitor should be able to guide you.

Our team of advisors can help with your compensation queries if you call on the number at the top of the page.

Case Study: £9,500 Compensation For An Injury Caused By Carbon Dioxide

Mr Tomlinson was an engineer and had been asked to do maintenance on a generator located in the basement of a tall office building in Manchester. On arrival, Mr Tomlinson noticed that, though he expected the building to be old, it was not kept very well. Concerned about the building, Mr Tomlinson asked his client if there was sufficient ventilation in the basement and his client was unsure. However, he reviewed maintenance paperwork which stated that the basement was a safe environment, with an extraction system, albeit an old one.

He went to work in the generator room and found that there was some ventilation provided by the noisy extraction unit, but, after a few minutes, he had a headache. He left the generator room but felt dizzy outside and was rendered unconscious.

After being taken to A&E he was treated for carbon dioxide poisoning until his levels of oxygen returned to normal in his bloodstream and tissues. A leak in the carbon dioxide fire suppression system in the basement was found to be the source of the incident.

It took Mr Tomlinson three weeks to recover not only from the poisoning but also from the mental anguish the experience caused him to have. His workplace offered sick pay for two and a half weeks, so three of these days were unpaid.

He called a personal injury lawyer and made a claim.

The defendant argued that they had reason to believe the fire suppression system was safe due to maintenance paperwork, and that Mr Tomlinson entered the room despite knowing the risks (having asked the client about ventilation). However, when the maintenance paperwork was produced as evidence, it was over a year old and Mr Tomlinson was able to argue that the system was not regularly checked, resulting in leakage.

He was awarded a total of £9,500. This amount to £8,590 in general damages, and for special damages, we can see the breakdown below.

Type of Special Damages:Includes:How Much?:
Travel ExpensesTo and from medical appointmentsFor the taxi from the hospital he received £30
Medications/PrescriptionsPrescriptions, treatment, walking aids, etc.For counselling Mr Tomlinson received £420
Medications/PrescriptionsLoss of EarningsFor three days of unpaid sickness absence he received £460

Mr Tomlinson’s case is fictional, though formulated on our experiences of dealing with and appraising claims. The example serves only to convey how incidents can occur and the way they may be valued.

Carbon Dioxide Injury Compensation Calculation Estimates

The outcome of compensation claims depends on individual cases, evidence and the severity of the impact of the injury. It’s therefore difficult to place a precise valuation on your case without knowing more about it.

For carbon dioxide poisoning, compensation can range from around £1,000 up to £50,000. Our panel of dedicated personal injury lawyers will be able to advise you on how much you could recover in a successful case.

If you’d prefer to get free advice with no obligation to proceed before hiring a personal injury lawyer, you can call our advice team or send a message in the live chatbox. Once they know more about your potential claim, they can provide more specific advice in relation to compensation awards.

No Win No Fee Carbon Dioxide Poisoning Claims

No Win No Fee claims were introduced to protect those who have been injured, experienced psychological or financial suffering or had their quality of life impacted as a result of third party negligence. Essentially, you will not need to pay your personal injury solicitor fees if you lose your case.

Your personal injury solicitor is sharing the risk with you so, if your claim wins, they will deduct a small success fee (capped by law) to cover their costs.

There are no upfront fees and you don’t have to pay a penny while the claim is ongoing.

So as you can see, there are many benefits to making a No Win No Fee claim. To find out more, please get in touch with our team.

Seek Specialist Personal Injury Lawyers

When seeking out a professional to support your carbon dioxide poisoning claim, it is important to choose the solicitor best for you.

Solicitors may under settle, meaning you recover only a portion of the settlement you deserve. They may not prioritise you and be unresponsive to your calls or messages, causing you to lose trust and feel stressed. 

To avoid this, we recommended that you research the company before signing anything. Unbiased online reviews are often a solid reflection of the competency of a solicitor.

Our panel of well-experienced personal injury lawyers offer No Win No Fee agreements to all prospective clients, and we take pride in their professionalism. 

You can discuss your options and carbon dioxide poisoning compensation with any of our advisors for free and with no obligation to use our services. Just call the number at the top of this page or send a message using our live chat, bottom right.

Get In Touch For More Advice On Carbon Dioxide Poisoning Compensation Claims

Our advisors are on hand 24/7 and the advice they provide is free without any obligation on your part to make a claim.  You can get in touch with them in any of the following ways: 

Extra Reads

Members of the Public Accident Claims Hotspots – A guide to where most public accidents occur and what to do if you’ve had an accident in a public place.

How to Claim Third Party not Admitting Liability – Comprehensive guide on how you can claim even though the third party won’t admit liability.

£14,000 Compensation Payout For Food Poisoning – Case Study & Guide To Calculating Food Poisoning Compensation – Have you experienced food poisoning? Read our guide.

Health and Safety Executive – HSE Homepage

NHS Services – NHS Homepage

Assessment of the Major Hazard Potential of Carbon Dioxide – HSE in-depth report on the hazards of carbon dioxide.

 

Thank you for reading our guide to carbon dioxide poisoning compensation claims.

 

Guide by UI

Edited by II