Chemical Poisoning Claims

The Health and Safety at Work etc. Act 1974 states that employers have a duty of care for employees and must protect them from health risks in the workplace. There is even more legislation to follow if hazardous chemicals are involved.

You should always be told:

• What the hazards and risks are
• If there is a workplace exposure limit and what it is
• The results of any exposure monitoring and health surveillance
• What to do if there is an accident or an emergency.

If you have to work with hazardous substances, a risk assessment under the 2002 Control of Substances Hazardous to Health Regulations should have been carried out by your employer or they should have designated a responsible person to carry it out.

Any risks should be controlled and employees should be given the relevant safety information and personal protective equipment (PPE), including:

• Gloves
• Overalls
• Boots
• Goggles.

When working with hazardous chemicals, respiratory protective equipment (RPE) is often required, such as face masks.

The PPE and RPE you are given also needs to be right for the job. If you weren't given the correct PPE or RPE or you weren't given any information on the dangers involved with your work, then your employer's negligence could have put you at risk.

Usually, you need to make a compensation claim within three years of becoming aware that your illness might be linked to exposure to chemicals at your work.

In fatal cases, the family of the deceased has three years to make a claim, starting from either the date your loved one died or the date you received the post-mortem results.

If the chemical exposure occurred while working outside of the UK, the time limit can be shorter, so it's vital that you contact us as soon as possible if this was the case.

Yes, even if your employer has gone out of business, you can still make a claim. The company will have been insured to deal with claims like yours, so it will be the insurer’s responsibility for any compensation payments.

For more information, please visit our page on claiming if your employer has ceased trading.