Chemical injury claims

Why seek compensation for chemical injuries

Under the Health and Safety at Work Act 1974, UK employers have a legal duty to ensure the health and safety of their employees at work.

The Control of Substances Hazardous to Health Regulations 2002 (COSHH regulations) outline specific guidance on how to manage hazardous substances in the workplace. Some of the specific legal duties employers have to prevent chemical burns include:

• Assessing the risks of chemical burns in the workplace and taking steps to eliminate or control those risks.

• Providing employees with adequate training and instruction on how to work safely with chemicals.

• Providing employees with the appropriate personal protective equipment (PPE) to protect them from chemical burns.

• Ensuring that chemicals are stored and handled safely.

• Having a plan in place to deal with chemical emergencies.

If you’ve suffered a chemical burn at work, your employer may be liable for your injuries if they failed to meet their legal duties to prevent your chemical burns from happening.

What substances can cause chemical burns?

Chemical burns can be caused by contact with the skin, eyes, or respiratory system. The severity of the burn will depend on the type of chemical, the amount of chemical exposure, and the duration of exposure.

A wide variety of substances can cause chemical burns, including:

• Acids: Acids are corrosive substances that can dissolve skin, tissue, and other materials. Common acids include sulfuric acid, nitric acid, hydrochloric acid, and acetic acid.

• Alkalis: Alkalis are also corrosive substances that can dissolve skin, tissue, and other materials. Common alkalis include sodium hydroxide, potassium hydroxide, and ammonia.

• Solvents: Solvents are liquids that can dissolve other substances. Some solvents, such as acetone and benzene, can also irritate or burn the skin.

• Toxic fumes: Toxic fumes can irritate or burn the lungs and other respiratory tissues. Common toxic fumes include chlorine gas, ammonia gas, and hydrogen sulfide gas.

• Other chemicals: There are many other chemicals that can cause chemical burns, such as bleach, battery acid, and cleaning products.

Common types of chemical injuries

Chemical injuries are the result of any part of your body, internal or external, coming into contact with a dangerous chemical. The two main types of chemical injuries are chemical burns and chemical poisoning.

Chemical burns can range from minor to severe. Minor chemical burns may cause redness, pain, and swelling. Severe chemical burns can cause deep tissue damage, scarring, and even death.

Chemical poisoning at work is a condition that occurs when a worker is exposed to a chemical that causes harm to their body, e.g. industrial chemicals, such as solvents, acids, and bases, pesticides and herbicides, cleaning products, paints and varnishes, fumigants, welding fumes, exhaust fumes, and dust.

More specifically, chemical injuries can include:

• Skin burns: Chemical burns can be caused by exposure to acids, bases, or other corrosive chemicals. Chemical burns can range from mild to severe, and can cause pain, redness, swelling, and blistering of the skin. In severe cases, chemical burns can cause permanent disfigurement or even death.

• Eye injuries: Chemical exposure to the eyes can cause a variety of injuries, including irritation, inflammation, and corneal burns. Chemical eye injuries can be very painful and can lead to vision loss or even blindness.

• Respiratory injuries: Inhalation of toxic fumes can cause a variety of respiratory problems, including irritation, inflammation, and acute respiratory distress syndrome (ARDS). ARDS is a serious condition that can lead to death.

• Gastrointestinal injuries: Ingestion of poisonous substances can cause a variety of gastrointestinal problems, including nausea, vomiting, diarrhea, and abdominal pain. In severe cases, ingestion of poisonous substances can lead to organ damage or even death.

• Neurological injuries: Exposure to certain chemicals can cause a variety of neurological problems, including headaches, dizziness, seizures, and coma. In severe cases, chemical exposure can lead to permanent neurological damage or even death.

The severity of a chemical injury will depend on the type of chemical involved, the amount of chemical exposure, and the route of exposure (e.g., skin contact, inhalation, or ingestion).

Can I make a chemical burns compensation claim if I’ve been injured in an acid attack?

Yes, you can make a chemical burns compensation claim if you’ve been injured in an acid attack. Acid attacks can cause serious injuries, including burns, respiratory problems, and blindness. These injuries can have a significant impact on your life, both physically and emotionally.

If you were the victim of an acid attack, you could make a chemical injury claim through the Criminal Injuries Compensation Authority (CICA), an executive agency of the UK Government funded by the Ministry of Justice. It deals with compensation claims by blameless victims of violent crimes such as acid attacks.

If you have been the victim of an acid attack, report the incident to the police as soon as you can. This is a critical step if you want to claim compensation through the CICA.

How much compensation could I get for a chemical injury claim?

The amount of compensation you could claim for a chemical injury will depend on the severity of your injuries and the impact they have had on your life.

Compensation is typically divided into two categories: special damages and general damages.

• Special damages are designed to reimburse you for any financial losses you’ve incurred as a result of your injury, such as medical expenses, lost wages, and travel expenses.

• General damages are designed to compensate you for the pain and suffering you’ve experienced, as well as the loss of amenity you have suffered. This can include things like scarring, disfigurement, and loss of function.

The Judicial College Guidelines provide guidance on the amount of compensation that should be awarded for certain types of injuries. For example:

• Up to £33,250 after an acid attack

• Up to £25,500 for injuries caused by chemical pool chlorination negligence

• £3,950 to £11,020 for damage to hair caused by chemical products

• Over £104,830 for burns that cover 40% or more of the body

• £1,540 to £5,860 for minor psychiatric damage

It is important to note that these guidelines are just a starting point. The actual amount of compensation you receive will depend on the specific facts of your case.

Chemical burn injury claims process

The process for claiming compensation can be complex, but if you go down the personal injury claims route, you’ll have a specialist solicitor by your side all the way, and you won’t have to pay a penny for them either, until you win your case.

• Initial consultation: It all starts with an initial consultation. Call 0800 234 6438 and speak with a trained legal advisor. If they believe you have a valid claim they’ll partner you with a specialist solicitor.

• Conditional Fee Agreement (CFA): If your solicitor believes you have a valid claim, they will offer you a Conditional Fee Agreement (CFA), also known as a “no win, no fee” agreement. This means you won’t have to pay legal fees if your case is not successful.

• Gathering evidence: Your solicitor will work with you to gather evidence to support your claim. This may include medical records, photographs of the injury, witness statements, and any other relevant documents.

• Assessment of Liability: Your solicitor will investigate and assess who is liable for your injuries. This could be an individual, a company, or an organisation.

• Letter of Claim: When liability is established, your solicitor will send a Letter of Claim to the responsible party outlining the details of the claim, the injuries sustained, and the compensation sought. Your solicitor will be keep you updated on the progress of your claim and answer any questions you have.

• Negotiations: The defendant’s legal team will likely respond with their position. Negotiations may occur between the parties to reach a settlement. Your solicitor will advise you on whether the proposed settlement is fair or if further action is needed.

• Issuing proceedings: If a fair settlement cannot be reached, your solicitor may advise you to issue court proceedings. This involves starting a formal legal process.

• Court proceedings: Both parties will present their evidence and arguments to the court. This can be a lengthy process, and the court will ultimately decide on the outcome.

• Recovery of costs: If you win, the defendant may be ordered to pay your legal costs, including solicitor’s fees and other expenses. If you lose your case, you won’t have to pay your solicitor’s fees. However, you may have to pay the other party’s legal costs.

• Receiving compensation: Once a settlement or judgment is reached, you will receive your compensation. Your solicitor will deduct their fees from this amount.