Workplace Carbon Monoxide Poisoning Claims Explained
Carbon monoxide is a highly poisonous gas that can seriously harm or even kill human beings. With that in mind, it is important to prevent contact with it as much as possible. Our guide to workplace carbon monoxide poisoning claims discusses how you can seek compensation if your employer failed to take reasonable steps that would have protected you from unsafe exposure.
In this guide, you will learn what is meant by a legal duty of care and what regulations an employer has to follow to uphold the duty they owe you. You might be wondering how to tell when it’s possible to claim compensation for having suffered poisoning due to carbon monoxide at work, so we lay out the eligibility requirements that need to be met.
Many people who discuss personal injury claims with us are interested to know how much compensation they could receive. Read through the guide for important information about how a payout is calculated and what it can comprise. You can then learn about the benefits of getting professional support from one of our panel’s expert solicitors under No Win No Fee terms.
You can ask our advisors about carbon monoxide poisoning compensation and much more, as well as having your potential claim evaluated. All the guidance our advisors give is completely free of charge. Contact us through any of these paths at any time to get started:
- Phone us on 020 3870 4868.
- Go to our ‘Claim Online’ page and fill in the form.
- Start talking to an advisor through the live chat function at the bottom of this page.
Select A Section
- Can You Claim For Workplace Carbon Monoxide Poisoning?
- What Are The Symptoms And Effects Of Carbon Monoxide Poisoning?
- What Could Cause Carbon Monoxide Poisoning At Work?
- How Do You Prove Carbon Monoxide Poisoning Claims?
- How Much Compensation Can You Get For Carbon Monoxide Poisoning?
- Why Choose A No Win No Fee Solicitor For Carbon Monoxide Poisoning Claims?
Can You Claim For Workplace Carbon Monoxide Poisoning?
Carbon monoxide occurs when fossil fuels do not burn fully due to a lack of oxygen. This means that burning fuel anywhere could lead to a carbon monoxide leak. As a result, all employers should be aware of the risk of carbon monoxide poisoning. Employers have a duty of care to take reasonable and practicable steps to protect employees from harm as they work. This is set out under the Health and Safety at Work etc. Act 1974.
Furthermore, according to the Control of Substances Hazardous to Health Regulations 2002 (COSHH), Section 7, employers must ensure that the risk of exposure to substances hazardous to health is either prevented or, when this is not reasonably practicable, controlled adequately.
This does not mean that the employer is automatically liable for carbon monoxide leaks. You can only be eligible to claim compensation through a personal injury claim if you can prove negligence. This means:
- An employer owed you a duty of care, such as under HASAWA and other relevant regulations including COSHH.
- Your employer breached this duty. For example, they ignored safety regulations related to burning fuel.
- This breach caused you to suffer physical and/or psychological damage as a direct result, such as carbon monoxide poisoning.
Call the number at the top of this page to learn more about carbon monoxide poisoning claims, including whether you can seek compensation and the time limit for getting started.
What Are The Symptoms And Effects Of Carbon Monoxide Poisoning?
According to the NHS, any of the following could be symptoms of carbon monoxide poisoning:
- Nausea or sickness.
- Headaches.
- Dizziness or confusion.
- Weakness.
- Chest and muscle pains.
- Breathing issues.
If the carbon monoxide levels are particularly high, a person might suffer with:
- Vertigo.
- Impaired mental ability.
- Loss of physical coordination.
- Unconsciousness.
Carbon monoxide is so toxic that too much exposure can even cause a fatal accident. Although, according to statistics from the Health and Safety Executive (HSE), the regulator for workplace health and safety in Britain, fatal carbon monoxide poisoning at work is fortunately very rare with around 7 people dying as a result of carbon monoxide poisoning each year. However, if you have experienced pain and suffering because of someone else’s negligence, you could make a carbon monoxide poisoning compensation claim.
Call our helpline for free guidance on how to claim for carbon monoxide poisoning.
What Could Cause Carbon Monoxide Poisoning At Work?
As we mentioned previously, it is not necessarily the case that an employer is responsible for a carbon monoxide leak. The following are examples where carbon monoxide poisoning could occur because an employer failed to uphold their legal duty of care.
- An employer uses an old and faulty boiler to heat an office they own and does not put out a working carbon monoxide detector. As a result, employees are not aware of a carbon monoxide gas leak until they start experiencing symptoms.
- The manager of a mechanic business allows car engines to continue running inside all day without providing any ventilation. The workers suffer mild carbon monoxide poisoning as a result of prolonged exposure.
- The foreman of a quarry where dangerous gas is present ignores the outcome of a safety inspection. They do not provide protective equipment they are told to make available to employees. Because of this, unprotected employees suffer the effects of carbon monoxide overexposure.
- Employees are told to use gas appliances and gas-powered equipment in an enclosed space. Workers suffer unconsciousness and brain damage because of heavy carbon monoxide build-up.
If you have suffered the effects of poisoning make sure you seek medical advice as soon as you can. As well as being worthwhile for your well-being, it would allow you to collect proof of how you were affected. This is useful evidence, which is always important in a carbon monoxide poisoning claim.
Additionally, you can call us to discuss your experience and see if you’re eligible to seek compensation for harm you have suffered in the workplace.
How Do You Prove Carbon Monoxide Poisoning Claims?
As mentioned, medical records count as one form of evidence that can help prove employer liability in carbon monoxide poisoning claims. You could also gather:
- CCTV footage. Carbon monoxide is invisible, but any footage capturing the cause of a gas leak could be relevant.
- Images of the scene and any visible symptoms.
- A copy of the employer’s workplace accident book entry.
- Witness contact information.
Help with collecting evidence is among the potential benefits of having the help of a personal injury solicitor during the carbon monoxide claims process. Find out what else a solicitor from our panel could do for you if you have a valid compensation claim by calling our free helpline today.
How Much Compensation Can You Get For Carbon Monoxide Poisoning?
If you make a successful accident at work claim, you would be awarded compensation. Depending on the unique circumstances of your case, a payout can cover up to two different heads of loss:
- General damages. This head compensates for physical pain and psychological harm caused by carbon monoxide poisoning.
- Special damages, a potential second head of claim accounting for financial loss. You could be compensated for the likes of rehabilitation costs, travel expenses and lost earnings.
You can prove a loss of earnings and other losses through payslips, receipts and other documents. It is important to keep this evidence, because in many cases the compensation awarded under the special damages head of claim can be higher than general damages compensation.
General damages compensation is always awarded in successful carbon monoxide poisoning claims. Those responsible for valuing this head can look at medical reports as well as refer to guideline compensation figures in the Judicial College Guidelines (JCG), a document we have used to compile the table you see below.
Compensation Table
The top line aside, all entries in this table are from the JCG. This table is only a guide, so if you’d like a more in-depth conversation about compensation claim payouts, please don’t hesitate to call our helpline today.
| HARM | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Numerous Types Of Serious Harm, Plus Related Costs Or Losses | Serious | Up to £500,000+ | Compensation for numerous forms of serious harm suffered due to carbon monoxide poisoning at work, in addition to resulting financial damage including lost earnings, medical bills or domestic care fees. |
| Brain Damage | Moderately Severe | £267,340 to £344,150 | The affected person is very seriously disabled and relies on others for full-time care. |
| Moderate (i) | £183,190 to £267,340 | A moderate to severe deficit in intellect is coupled with impacted sight, speech and senses. | |
| Moderate (ii) | £110,720 to £183,190 | There is a significant reduction in the ability to work, if this isn't removed completely, and a moderate to modest drop in intellect. | |
| Less Severe | £18,700 to £52,550 | Despite some problems with the likes of concentration and memory, the affected person makes a good recovery and returns to normal working and social life. | |
| Chest | Toxic Fume Inhalation | £6,500 to £15,370 | Fume or smoke inhalation that leaves residual damage that is not serious enough to permanently interfere with lung function. |
Why Choose A No Win No Fee Solicitor For Carbon Monoxide Poisoning Claims?
Our panel’s solicitors are personal injury experts and could help you claim by offering their services under a Conditional Fee Agreement which is a type of No Win No Fee contract. This typically means the following:
- There are no upfront solicitor fees.
- You do not need to pay running fees for the solicitor’s work during the claim.
- You wouldn’t pay for the solicitor’s work if the claim fails.
When workplace carbon monoxide poisoning claims are successful, the solicitor takes a success fee. However, that fee accounts for only a small percentage of the compensation. A legal cap established by The Conditional Fee Agreements Order 2013 ensures this.
Contact Us
Get in touch today for a free consultation and you can find out whether you can make a carbon monoxide poisoning claim. If you have a valid case, you can be connected to a No Win No Fee solicitor from our panel to get started. However, there is no obligation, so you can call us simply for free and useful guidance if you like.
Just use any of these routes and find out how straightforward it can be to make a workplace accident compensation claim:
- Call 020 3870 4868.
- Ask about your claim online with our contact form.
- Use the live chat feature below.
More Information
We have further guides answering key questions like:
- Are you entitled to full pay if you are injured at work?
- What happens if you don’t report a workplace accident?
- Can you sue your employer while still working for them?
These sites also have useful information:
- The Health and Safety Executive (HSE), which regulates UK workplace health and safety, offers guidance on gas safety in the catering and hospitality industry.
- An overview of Industrial Injuries Disablement Benefit from GOV.UK.
- NHS guidance on when to call 999 for emergency care.
Thank you for reading our guide on workplace carbon monoxide poisoning claims. Just call or get in touch online if you’d like to discuss your potential case with a helpful advisor.
