By Cat Mulligan. Last Updated 6th April 2023. Are you looking to find out what carbon monoxide claims might be worth? Have you been involved in a carbon monoxide-related accident that wasn’t your fault? Are you trying to work out your next moves in regards to a possible claim? Let us help.
Carbon monoxide claims guide
Our guide uncovers everything you need to know in the world of carbon monoxide claims and could help you with your own claim. If you need specific information and advice from a personal injury solicitor, however, please get in touch. Reach out to our claims team by:
- Calling us on 0800 408 7825
- Using our live chat feature at the bottom-right of this page
- Contacting us directly
Select A Section
- When Could You Make Carbon Monoxide Claims?
- What Are The Symptoms Of Carbon Monoxide Poisoning?
- How Long Does It Take To Get Carbon Monoxide Poisoning?
- Causes Of Exposure To Carbon Monoxide
- Can I Get Compensation For A Carbon Monoxide Gas Leak?
- Calculating Carbon Monoxide Claims
- Talk To Us About No Win No Fee Carbon Monoxide Claims
- Related Illness Claim Guides
When Could You Make Carbon Monoxide Claims?
Carbon monoxide (CO) poisoning occurs when the gas is inhaled. After this, it enters the bloodstream and binds with haemoglobin, forming carboxyhaemoglobin. This leads to the blood no longer being able to carry oxygen, which means the body’s tissue and cells begin to die.
CO can be released when sources of energy such as coal do not burn fully. This gas can also be leaked from incorrectly-fitted appliances and worsened by poorly-ventilated spaces. This could happen in the workplace or while shopping if there are gas-fueled appliances in the environment, for example.
Your employer has a duty of care to take reasonable steps to keep you safe at work as per the Health and Safety at Work etc. Act 1974 (HASAWA). What’s more, under Section 6 of the Workplace (Health, Safety and Welfare) Regulations Act of 1992, employers should ensure ventilation of fresh or purified air.
Employers also have a responsibility to practice regular maintenance of equipment. Failure to do so can cause carbon monoxide poisoning if the equipment is fuel-burning.
If an employer or someone else had a duty of care to protect you and you were injured, you may be able to claim.
A compensation claim awards money to someone who has wrongfully been injured at work or in a public place. The intent of the claim is to restore you to the position you were in before your accident. To find out more about carbon monoxide claims today, contact our claims team.
Time Limits For Carbon Monoxide Claims
If you’ve suffered carbon monoxide poisoning because of another party’s negligence, you may be able to claim compensation. However, when making carbon monoxide poisoning claims, it’s important to make sure that your claim is within the personal injury time limit.
Usually, this limit is three years from the date of your poisoning diagnosis. This limit is outlined by the Limitation Act 1980, and extends to all personal injury claims. However, in some cases, you may still be able to claim if you are not within the time limit.
For example, if you are under the age of 18, then the time limit is suspended until your 18th birthday, at which point it reinstates and ends on your 21st. A litigation friend can make a claim on your behalf before or after the time limit reinstates.
To learn more about the exceptions to the time limit for carbon monoxide poisoning compensation claims, we recommend you contact our advisors today.
What Are The Symptoms Of Carbon Monoxide Poisoning?
Carbon monoxide can be dangerous, and there are an array of symptoms that can be identified. These may make it easier to spot carbon monoxide poisoning. According to the NHS’s guide on carbon monoxide poisoning, these can include:
- Confusion
- Fatigue
- Pains in stomach
- Feeling sick
- Vomiting
- Shortness of breath
If you feel you may have experienced any of these symptoms after a workplace accident, speak to a licensed medical practitioner immediately.
More serious illnesses can occur as a result of the poisoning, such as dizziness, intoxication, and heart attacks.
If there is a low amount of carbon monoxide present in the air, poisoning can occur over a sustained period of time. This long-term exposure can cause:
- Thinking difficulties
- Concentration problems
- Emotional changes
- Depression
If you are experiencing any of the above symptoms, speak to a doctor.
How Long Does It Take To Get Carbon Monoxide Poisoning?
According to the NHS, you can lose consciousness within two hours if there is a high amount of carbon monoxide present in the air.
Recovery from carbon monoxide poisoning can be more complicated. Your recovery time depends on factors such as how long you were exposed to the gas, and how much you were exposed to.
Always speak to your doctor for an accurate diagnosis. A diagnosis led by a doctor can form part of the basis for carbon monoxide claims. Make sure to speak to a medical professional to give your case the best outcome possible.
Causes Of Exposure To Carbon Monoxide
As mentioned above, your employer has a duty of care to look after you at work. This is outlined in HASAWA. The NHS states that there are around 60 deaths each year in England and Wales as a result of carbon monoxide poisoning. This could emphasise the important duty of care that employers have.
Carbon monoxide poisoning can happen through a lack of ventilation. Forcing employees to work in poorly-ventilated spaces where there is a carbon monoxide leak can cause poisoning. Another problem that can arise is failing to regularly maintain equipment and appliances at work. This can include:
- Boilers
- Cookers
- Water heaters
These appliances could leak and potentially cause carbon monoxide poisoning. As such, this may leave you eligible to start a personal injury claim if your employer failed to properly maintain the appliance or knew of a leak but didn’t take steps to ensure your safety, for example.
Can I Get Compensation For A Carbon Monoxide Gas Leak?
If you have been affected by carbon monoxide poisoning in an accident that wasn’t your fault, you may be able to start a carbon monoxide claim. This is possible if your solicitor can prove that someone, like an employer, had a duty of care to look after you, and this duty was not met.
Should a failed duty of care have resulted in your carbon monoxide poisoning illness, you may be able to claim. In this case, you may wish to speak to a personal injury solicitor.
Collecting Evidence
If you have had an injury, the first thing you should do is seek immediate medical attention. Once you are well, you could begin the process of getting evidence together for your claim. Useful pieces of proof to collect could include:
- Photographs
- Eyewitness contact details for statements at a later date
- Footage from CCTV cameras
Medical notes can also be used as evidence. However, don’t worry if you think your medical records aren’t strong enough. When making your claim using the services of a solicitor, they would arrange a medical assessment, so this can be a good source of evidence. Its purpose is to:
- Prove the severity of your injuries
- Prove that your injuries were caused or worsened by the accident.
Take your evidence to a personal injury solicitor, who may be able to continue your claim. They may also be able to do this on a No Win No Fee basis.
If you want to discuss your potential carbon monoxide poisoning claim further, contact our claims team who could connect you with a panel of solicitors.
Calculating Carbon Monoxide Claims
If you have suffered a carbon monoxide-related accident, you may be wondering what compensation can be gained from carbon monoxide claims.
We have created a compensation table, below, using figures from the Judicial College Guidelines. Legal professionals use this publication to help them when valuing injuries. (It must be stressed that these figures are still guidelines and not guaranteed.)
Though using a personal injury calculator can be helpful, it is recommended that you speak to a personal injury solicitor for the most relevant advice possible.
Injury Nature of Injury Potential Compensation
Brain Injury Very severe brain damage: life expectancy reduced, some ability to follow basic commands, but no response to environment. £282,010 to £403,990
Brain Injury Moderately severe brain damage: will be seriously dependent on a carer, may experience paralysis of limbs, reduce cognitive function. £219,070 to £282,010
Brain Injury Moderate brain damage (i): more independent than previous tiers, but with risk of epilepsy and reduced speech and senses. £150,110 to £219,070
Brain Injury Less severe brain damage: will recover and return to normal social and work life but may still suffer with concentration problems. £15,320 to £43,060
Lung disease (f) Some slight breathlessness but no effect on working life and a full recovery expected within a few years. £10,640 to £20,800
Lung disease Temporary chest problems that resolve within a few months. £2,200 to £5,320
For more specific guidance, contact our claims team who can give you a free estimate of what you could claim and perhaps connect you with our panel of solicitors.
Talk To Us About No Win No Fee Carbon Monoxide Claims
You may be wondering about carbon monoxide claims. You might be curious how to start your own after an accident at work that wasn’t your fault. If so, you may be interested in a Conditional Fee Agreement (CFA), also known as a No Win No Fee agreement.
This means that if you make a claim that is unsuccessful, you do not have to pay your solicitor’s fees. On the other hand, in the event of a win, you are charged a fee for your solicitor’s success, which is always capped by law.
This type of agreement may be attractive if you are worried about starting a claim. Our claims team could connect you with our panel of personal injury solicitors who could help with your case.
If you want to know more about carbon monoxide claims, please speak to our advisors. You can do so by:
- Calling us on 0800 408 7825
- Using our live chat feature at the bottom-right of this page
- Contacting us directly
Related Illness Claim Guides
Carbon Dioxide Injury Compensation Case Study Guide
Inhaling Toxic Fumes Case Study Guide
Injury Caused By Fire Compensation Case Study Guide
Reporting of Incidents, Diseases and Dangerous Occurrences Regulation 2013
Domestic gas health and safety
Government guidance on carbon monoxide
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
Article by EC
Publisher UI