YOU MAY HAVE A CLAIM FOR COMPENSATION Chemical Injury Claims If you have suffered a chemical injury at work which has caused lasting damage, you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed. Start claim Home E Personal Injury E Workplace Accidents E Chemical Injury Overview of chemical injury claims Chemical injury claims are made when a person sustains injuries due to exposure to toxic chemicals in their workplace, household or environment. These injuries can be debilitating and life-altering, resulting in lost wages, medical expenses and reduced quality of life. In this article, we will explore the criteria needed to qualify for a chemical injury claim, the legal arguments and evidence needed to support the claim, the compensation amounts available and the claim process. In this section › Chemical Injury Claims › Claim overview › The criteria needed to qualify › The legal argument for the claim › The evidence you need › A guide to compensation amounts › Claim duration › Common questions Criteria to qualify for a chemical injury claim To qualify for a chemical injury claim, certain criteria must be met. The victim must have sustained some form of injury due to exposure to toxic chemicals at the fault of their employer. The exposure must also have been due to the negligence of a third party, such as an employer, manufacturer, or property owner. Ultimately, the injury has to be proven to be wholly or partially your employer’s fault in order for a claim to be successful. Did you know? The annual costs of work-related injuries average at £7.6 billion Legal argument for a chemical injury claim The legal argument for a chemical injury claim is based on the principle of negligence. Negligence occurs when a third party fails to take reasonable care to prevent harm to others. In the case of chemical injuries, negligence can take several forms, such as: Failure to provide adequate protective gear or training to employees working with toxic chemicals. Failure to label hazardous materials correctly. Failure to properly dispose of hazardous materials. Failure to conduct regular inspections to ensure safe working conditions. Your employer has a duty of care for their workers following the Health and Safety at Work Act 1974. Therefore if they don’t meet the standard duty of care for working with chemicals, they can be deemed negligent to their workers. Key Facts 13,000 deaths a year are linked to past exposure to harmful chemical substances at work. Evidence to support a chemical injury claim To support a chemical injury at work claim, the following evidence is typically required: Medical records These records should include documentation of the injuries sustained, treatment received, and the estimated cost of future medical care. Witness statements Witness statements from co-workers or others who can testify to the exposure and the resulting injuries can be critical in proving negligence. Expert testimony Expert witnesses, such as toxicologists, can provide insight into chemical exposure and the resulting injuries. Employment records Employment records, such as training records, can help establish the employer’s negligence or accident report forms required for businesses and employers for accidents on their premises Photographic evidence Photos of your injuries and what caused the injury can be extremely useful to your solicitor when discussing the details of your case. Camera recordings CCTV in your workplace or other camera recordings can also help to provide your solicitor with a clearer image of exactly what happened. Did you know? Exposure to harmful chemical substances can actually lead to respiratory problems, skin issues and can even be toxic to your internal organs. Financial records If any expenses are incurred because of your injury, you can claim compensation for these special damages as part of your claim. Employment records Employment records, such as training records, can help establish the employer’s negligence or accident report forms required for businesses and employers for accidents on their premises Photographic evidence Photos of your injuries and what caused the injury can be extremely useful to your solicitor when discussing the details of your case. Camera recordings CCTV in your workplace or other camera recordings can also help to provide your solicitor with a clearer image of exactly what happened. Financial records If any expenses are incurred because of your injury, you can claim compensation for these special damages as part of your claim. Guide to compensation amounts The compensation available for chemical injury claims will vary depending on the severity of the injury and the financial losses sustained. Compensation may include: Medical expenses Compensation for past and future medical expenses related to the injury. Lost wages Compensation for lost wages due to the injury. Pain and suffering Compensation for the physical and emotional pain and suffering caused by the injury. Reduced quality of life Compensation for the loss of enjoyment of life caused by the injury. Key Facts In 2019/2020, there were 926 fatal incidents due to exposure or contact with a harmful substance. Mental trauma Compensation for any psychological trauma associated with your chemical injury For example, a victim who has suffered a severe lung injury due to exposure to toxic chemicals may be entitled to significant compensation, while a victim who has sustained minor injuries may be entitled to less. Your solicitor will take every factor into consideration when calculating your compensation amount. To ensure you get the amount of compensation you deserve, it is essential to partner with the right legal team. If you would like guidance when making a claim and choosing legal support, get in touch with Claims Bible today. How long do chemical injury claims take? The length of time it takes to resolve a chemical injury claim will depend on several factors, such as the complexity of the case, the amount of evidence required and the willingness of the parties to settle. In general, chemical injury claims can take several months to several years to resolve. Because a chemical injury claim is classed as a personal injury, there is a 3-year time limit on all claims. This period starts from the date of the incident or when your chemical injuries were diagnosed e.g. if the injury was related to chemical inhalation. Chemical injury claims can experience delays if the third party in question refuses the compensation amount. It’s beneficial to make your claim as soon as possible to ensure evidence can be easily collected and used to support your claim. Summary of a chemical injury claim process The first step in pursuing a chemical injury claim is to consult with a personal injury solicitor who has experience handling these types of cases. For help finding the right solicitor for your needs, visit Claims Bible today. Your solicitor will review the facts of your case and determine if you have a valid claim. If it is determined that you have a valid claim, the solicitor will begin the process of filing a lawsuit on your behalf. The solicitor will work with you to gather evidence to support your claim. This may include medical records, witness statements and other documentation related to your exposure to the chemical. The solicitor may also consult with experts in fields such as toxicology, epidemiology and environmental science to provide additional evidence to support your claim. Once the evidence has been gathered, the solicitor will file a lawsuit in court. The defendant will be notified of the lawsuit and given an opportunity to respond. If the case proceeds to trial, both sides will present evidence and arguments to the court on who’s to blame for the injury. The judge or jury will then determine whether the defendant is liable for the victim’s injuries and, if so, what damages should be awarded as compensation. Common questions What chemicals can cause injury? There are many chemicals that can cause injury, including pesticides, solvents, cleaning products and industrial chemicals. Exposure to these chemicals can cause a range of injuries, from mild skin irritation to serious respiratory problems and be toxic to your internal organs. Who can be held responsible for a chemical injury? The responsible party will depend on the circumstances of the injury. In some cases, it may be an individual who was careless in handling chemicals, while in others it may be a company that failed to provide adequate safety measures or warnings. It can also be the fault of employers failing to provide the appropriate safety equipment to work with chemicals. Government agencies can also be held responsible if they were negligent in enforcing regulations related to chemical use. For more common questions, please refer to the specific claim pages or read our general FAQs page.