Accidents involving hazardous substances could have a profound impact on your physical health, psychological well-being, and financial security. Generally, the amount of hazardous materials accident compensation that might be awarded in a successful claim will depend on the physical and/or psychological impact and whether there have been financial losses. You can claim compensation if the harm you suffered because of a hazardous material resulted from a third party’s negligent actions.
The effects of being exposed to a hazardous substance can be devastating and, in some cases, lifelong. They can lead to severe burns, permanent scarring, sight loss, and lasting psychological harm. If you’ve experienced anything like this, you also know that such harm can prevent you from working and carrying out daily tasks and affect other activities, such as hobbies or sports.
Our advisors and solicitors understand the catastrophic impact this type of injury can have and are ready to help with your hazardous materials accident compensation claim. Here at Legal Expert, we provide compassionate, knowledgeable support throughout the process, and you can rest assured that your solicitor will be with you every step of the way.
Contact us today using the methods below to find out how we could help with your personal injury compensation claim.
4.8 (466 reviews) What Is A Hazardous Materials Accident?
A hazardous materials accident is an incident in which dangerous substances that pose a serious risk to human health (such as chemicals or biological agents) are involved in a spill, exposure, or another form of uncontrolled release. Such materials must be used and stored in line with applicable regulations, such as the Control of Substances Hazardous to Health Regulations 2002 (COSHH).
Under COSHH, employers and others must ensure hazardous substances are stored, used, and disposed of safely. The failure to do so may place them in breach of their legal responsibility under this legislation.
The Health and Safety Executive (HSE), Britain’s regulator for health and safety in the workplace, explains that COSHH covers various hazardous substances, including:
- Fumes: Exposure to fumes can make you seriously ill if inhaled. This could arise from a garage’s failure to ensure adequate ventilation, leaving a mechanic with permanent lung damage from carbon monoxide poisoning.
- Chemicals: Many substances are hazardous and can cause long-term harm. This might occur because a building contractor doesn’t provide adequate personal protective equipment (PPE), resulting in a worker suffering severe chemical burns and extensive scarring.
- Products containing chemicals: Hazardous products are present in various workplaces, and can include corrosive battery acid and ammonia. As an example of an accident involving them, a car factory doesn’t make timely repairs to a leaking waste-treatment tank. A worker subsequently suffers a loss of sight in 1 eye after coming into direct contact with chemicals.
- Biological agents: For instance, a laboratory provides technicians with insufficient training in handling hazardous substances and biosafety protocols. The lab’s failure results in a technician mishandling a biological agent, leading to respiratory issues and severe skin blistering.
Please contact our team if you have been affected by any of these (or other) types of exposure. They are here to provide free, confidential advice and can help determine if you have a case to claim compensation.
Warehouse Accidents Caused By Hazardous Materials
Warehouse accidents can expose workers to a wide range of hazardous substances, resulting in chemical burns, respiratory issues, and scarring. Such incidents can occur for various reasons, including employers failing to:
- Properly store or dispose of hazardous materials.
- Supply workers with PPE.
- Provide appropriate training on handling substances and emergency procedures.
- Conduct regular risk assessments and equipment maintenance.
- Ensure the workplace has adequate ventilation.
- Clearly label products containing hazardous substances.
Whether your exposure resulted from these failures or from a different issue, you may have a valid claim for the harm you’ve suffered. Please talk to our team to find out if you could seek compensation.
How To Claim For A Hazardous Materials Accident At Work
To claim for a hazardous materials accident at work, you must show that your employer had a responsibility to ensure your safety, that they failed to fulfil this obligation, and that you were harmed as a result. This involves being able to establish the following:
- You were owed a duty of care by your employer. This simply means that they have a legal obligation to take reasonable steps to ensure your health, safety, and well-being. Employers owe this duty of care to workers under the Health and Safety at Work etc. Act 1974.
- Your employer breached this duty through negligent actions, such as failing to provide sufficient staff training with regard to the handling, use, storage, or disposal of hazardous substances.
- The breach caused your exposure. You need to show that your exposure and subsequent illness or injury directly resulted from this breach.
An advisor could help you understand more about how to claim hazardous material accident compensation.
Can A Hazardous Materials Accident Occur Outside Of Work?
Yes, a hazardous materials accident can occur outside of work, in public places and at home. Those in control of a public area are termed occupiers and have a duty of care under the Occupiers’ Liability Act 1957 to take practical action to ensure visitors are reasonably safe. That might, for instance, involve marking hazardous substances with warning signs or conducting assessments to identify potential risks to the public.
The following scenarios show how an occupier might cause serious harm due to hazardous materials:
- A hair salon doesn’t give staff training on how to apply and mix chemicals. This results in a member of staff using incompatible chemicals together, leaving a client with severe burns and scarring.
- A supermarket fails to cordon off a part of the store or display any warning signs when using industrial-grade chemicals for intensive cleaning. This results in a customer being splashed in the face with a chemical, causing facial scarring and permanently reduced vision.
Housing disrepair can also lead to incidents involving harmful materials. Landlords have a responsibility under Section 4 of the Defective Premises Act 1972 to fix issues they know about within a reasonable timeframe. Say your landlord is aware that your home’s boiler is leaking but takes no steps to address the disrepair. If this leads to carbon monoxide poisoning, you could pursue compensation for the harm you suffered.
If you’ve experienced something similar or would like tailored guidance on whether you have grounds to claim compensation, please contact our team today.
What To Do If You Have Suffered A Hazardous Materials Accident
If you have suffered a hazardous materials accident and been harmed by a third party’s negligent actions, you will want to take steps to protect your health, gather evidence of what happened, and seek legal guidance from a solicitor.
1. Get Immediate Medical Treatment
It is important to seek immediate medical treatment after exposure to hazardous substances, either at a hospital or from your GP. Doing so aids your recovery and can create valuable medical evidence for any claim you make.
2. Gather Evidence Of Your Accident, Injuries, And Their Impact
Once safe to do so, collect evidence of how the accident happened, the harm caused by the hazardous materials, and the impact it had on you. This can help support your account of events and may include:
- Photos and/or video of the accident scene, hazard, and incident taking place.
- Photos of chemical burns or other visible injuries.
- Documents such as accident reports and workplace training manuals.
- Details of any witnesses. A solicitor may use this contact information to obtain eyewitness testimony.
3. Ensure The Accident Is Reported
Employers and occupiers of public spaces may keep records of incidents in an accident report log. You can request a copy of this report for your own records.
4. Record The Impact Your Injury Or Illness Has On You
Recording the impact of your injury or illness can help to illustrate how your life, work, and finances have been affected, further supporting your case. You may want to record:
- Your (in)ability to work.
- Medical treatment and appointments.
- Daily symptoms and pain levels.
- Financial losses, such as lost earnings and other costs.
5. Get Support From A Personal Injury Solicitor
A personal injury solicitor can provide expert guidance and handle various aspects of the claims process, including filing paperwork and communicating with other parties. They can also value your claim and ensure that any compensation payout reflects the full extent of the harm you suffered.
6. File Your Claim Within The Limitation Period
Personal injury claims must generally be filed within 3 years of the hazardous materials accident, as set by the Limitation Act 1980. There are instances in which this time limit may vary; you can learn more in our guide to the limitation period.
Please contact our team to learn more about the steps you can take to make a hazardous materials accident compensation claim.
How Much Could You Be Owed In The Event Of An Accident Involving Chemicals?
Generally, how much you could be owed in the event of an accident involving chemicals will depend on the injury you suffered, its severity, and the resulting financial loss you experienced. Compensation can also account for the wider impact of a chemical injury on you, including its psychological effects and how your overall life has been affected.
How much compensation you could be owed in the event of chemical exposure or other hazardous substances claims may be calculated by reference to the Judicial College Guidelines (JCG). Legal professionals sometimes use this document, as it contains guideline brackets for different forms of harm at varying levels of severity.
We have used some JCG brackets to populate the following table. Please note that the top row is not from the JCG, and all entries are included for guidance only.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple types of very severe injury and special damages covering lost income, medical bills, and care costs | Severe | Up to £500,000+ |
| Sight | Loss of sight in 1 eye with remaining eye having reduced vision (i) | £117,150 to £219,400 |
| Chest | (a) Such as serious heart damage and/or complete removal of a lung | £122,850 to £183,190 |
| Scarring to other parts of the body | Significant burns covering 40% or more of the body | Likely to exceed £127,930 |
| A number of noticeable (laceration) scars, or 1 disfiguring scar. Affecting the chest, back, arms, hands, or legs | £9,560 to £27,740 | |
| Facial disfigurement | (a) Very severe scarring in a young claimant (teens to early 30s) | £36,340 to £118,790 |
| (b) Less severe scarring, substantial disfigurement and significant psychological reaction | £21,920 to £59,090 | |
| (c) Significant scarring where plastic surgery can or has reduced the worst effects | £11,120 to £36,720 | |
| (d) Less significant scarring. There may be a number of small scars, or one scar | £4,820 to £16,770 | |
| (e) Trivial scarring, where there is only a minor effect | £2,080 to £4,310 | |
| Dermatitis and other skin conditions | Dermatitis affecting both hands, affecting domestic capability and employment | £16,770 to £23,430 |
Special Damages In Hazardous Materials Accident Compensation Claims
Special damages take account of the financial impact of your injuries, such as lost income, medical bills, and the need to pay for care. Hazardous materials can lead to significant injuries that can have a profound effect on your finances, such as:
- Lost income and earnings, whether that has already been lost due to time off work whilst recovering, or reduced earning power in the future.
- Medical bills for private treatment, ongoing medication, or future medical needs.
- Care in the home (or other spaces) provided by loved ones or professional services.
- Specialist equipment, such as cosmetic aids or a wheelchair.
- Counselling or therapy.
Compensation for harm caused by hazardous chemicals or other substances can provide financial relief and help you recover your losses. However, please keep in mind that you will need payslips, bank statements, or other documents to prove your losses and claim for them.
Talk to one of our advisors today for an assessment of your case.
4.8 (466 reviews) How To Start Hazardous Materials Accident Claims
To start the hazardous materials accident claims process, you can connect with a solicitor to get help with collecting evidence, filing paperwork, and negotiating a compensation settlement. Here at Legal Expert, the first step in finding a solicitor is to contact an advisor. They will first review and assess your case during a free consultation, considering all the details of your situation.
If our advisors believe that you have a valid claim, they can connect you to one of our specialist personal injury solicitors. These solicitors understand the physical, psychological, and financial impact that incidents involving hazardous substances can have, and adapt their service to meet the unique circumstances of each case.
Whether you are ready to start a hazardous materials accident compensation claim or want to learn more about how a solicitor could help you, we are here to answer your questions.
Why Choose Us For Your Hazardous Materials Accident Claim?
By choosing Legal Expert for your hazardous materials accident claim, you can get compassionate support and leverage our solicitors’ experience and expertise from start to finish. Aside from being able to offer you a No Win No Fee service (discussed in-depth in the next part of this guide), one of our solicitors could:
- Further explain the personal injury claims process and any legal terms used.
- Connect you to support and rehabilitation services, such as occupational or physical therapists.
- Organise for you to have an independent medical assessment of your injury, illness, or condition.
- Help you collect evidence of your accident, injury, and reduced quality of life.
- Negotiate with other parties to secure a settlement that aligns with the harm you suffered.
With decades of combined experience, our solicitors have to date helped claimants secure more than £80 million in compensation. They are dedicated to providing the highest level of service, so you can rest assured that you will get the support you deserve. Get in touch today to learn more.
No Win No Fee Hazardous Materials Accident Claims
At Legal Expert, No Win No Fee hazardous materials accident claims allow our clients to pursue compensation without being asked to pay any service fees to their solicitor at the start of the process. Our solicitors provide this No Win No Fee service using a Conditional Fee Agreement (CFA).
A CFA simply means you do not have to pay your solicitor a service fee at various stages of the claims process:
- In advance of making a claim.
- During the claims process.
- If you are unsuccessful.
If you do win, your solicitor will deduct a success fee as a percentage of your hazardous materials accident compensation. There is a legal cap in place for this percentage to ensure that you receive the majority of the compensation.
Please contact us to have your hazardous substances injury claim assessed by one of our advisors today.
Hazardous Materials Claims FAQs
Hazardous materials claim FAQs can help you understand more about this type of accident, what materials may be involved, and when you could make a claim.
What Are Hazardous Substances And Materials?
Hazardous substances and materials (including biological agents) are those which can cause injury, illness, death, or otherwise harm people, animals, and the natural world. They can include chemicals, fumes, vapours, and even germs.
What Are Some Examples Of Hazardous Materials?
Examples of hazardous materials include toxic and corrosive chemicals, flammable liquids, and biological agents. They may consist of ammonia, bleaches, pesticides, batteries, and solvents.
What To Do If You Come Into Contact With Hazardous Materials
If you come into contact with hazardous substances or are exposed to radiation, leave the area, take off any contaminated clothing, and rinse exposed skin. The NHS has an overview of acid and chemical burns.
What Steps Would You Take If You Found Hazardous Materials On Site?
The steps you would take if you found hazardous materials on site include evacuating yourself and others, not attempting to clean up the hazard (unless trained and specifically equipped to do so), and contacting the site manager and/or emergency services.
What Is PPE?
PPE, or personal protective equipment, refers to clothing or other items designed to protect the person from hazards, infections, illnesses, and injuries. Common examples of PPE include goggles and eyewear, helmets, gloves, masks, and other specialised clothing.
What Is Employer Negligence?
Employer negligence occurs when an employer causes a worker to suffer illness, injury, or even death by failing to meet their legal responsibilities to the employee. This failure may result from a lack of PPE or training, unsafe working conditions, or other factors.
Do I Have Grounds To Claim?
You may have grounds on which to claim hazardous materials accident compensation if someone else caused you harm through their negligent actions or inactions.
How Can A No Win No Fee Agreement Help?
A No Win No Fee agreement can help by enabling you to claim compensation for harm caused by hazardous substance exposure without having to pay upfront or ongoing solicitor service fees.
How Can Legal Expert Help?
Legal Expert can help you access independent medical assessments, connect you to support services, and help you secure evidence, building your case. That ensures our team can provide advice, information, and legal representation throughout your case.
How Can I Contact Legal Expert?
You can contact Legal Expert by phone, live chat, or via our online form.
Call Today For Free Advice And To Start A Claim
Call Legal Expert today for free advice and to start a claim by:
- Calling 0800 073 8804.
- Using the online chat.
- Contact us here.
Useful Links
Find further useful guides and resources below:
- Learn more about accident at work claims here.
- Find out more about burn injury claims in this resource.
- See if you could claim if you were injured by a rubbish bag at work.
References:
- Government information on hazardous materials and radiation exposure incidents.
- Find further government guidance for the public about what to do in a chemical emergency.
- Find information from the Health and Safety Executive on the Control of Substances Hazardous to Health.
Please get in touch with our team if you have any further questions about hazardous materials accident compensation claims.
