Personal injury advice from
Thompsons Solicitors
COSHH Injury Claims
If you have suffered a personal injury or developed an illness or industrial disease because your employer failed to protect you from a harmful substance covered by the COSHH regulations, you may be entitled to make a compensation claim.
At The Legal Line, our lawyers have a wealth of experience in recovering compensation for the victims of accidents at work and work-related diseases. Contact us on 0800 0328511, or by completing a claim enquiry form online, for expert legal advice.
What are COSHH regulations?
COSHH regulations and employers’ responsibilities
Which substances are covered by COSHH?
COSHH Injuries
Can I make a COSHH injury claim?
Making a compensation claim for a COSHH injury
COSHH injury compensation
Our personal injury solicitors
Previous COSHH injury claims
What are COSHH regulations?
The COSHH Regulations, or Control of Substances Hazardous to Health Regulations 2002, are regulations that employers must adhere to in order to protect their employees and visitors from exposure to harmful substances in the workplace.
The regulations apply to irritant, corrosive, poisonous and carcinogenic substances in the form of liquids, fumes, dusts, mists or solids. Biological hazards are also included, for example where there is a risk of causing infection or disease.
COSHH regulations and employers’ responsibilities
Employers have a duty to carry out risk assessments for any tasks involving the use of hazardous substances, then implement measures to prevent employees from being exposed to them, or reduce the risk of exposure as far as reasonably possible. This may include, for example, substituting a harmful substance for a safer one, the use of fume extraction systems or enclosed working systems, or the provision of personal protective equipment (PPE).
The use of hazardous substances should be controlled and monitored and anyone using them should be properly trained and supervised. Information about the substance and what to do in the event of an accident should also be readily available within the workplace. Dependent upon the substance involved, it may also be appropriate for employers to have a system of health monitoring in place.
Employees themselves also have a duty to follow the procedures and guidance they are given and use any safety equipment provided.
Which substances are covered by COSHH?
A wide range of substances, used in a variety of industries, are covered by the COSHH regulations. Some of these are listed below:
• Chemicals
• Dusts – e.g. flour, wood, silica, grain, animal feedstuffs
• Fumes – e.g. welding fumes
• Pesticides
• Solvents
• Lubricants
• Adhesives
• Paints and dyes
• Cleaning chemicals
• Hairdressing and beauty products – e.g. hair dyes, bleach, acrylic
• Latex – e.g. use of gloves containing natural rubber latex
People working in engineering, manufacturing, bakeries, laboratories, healthcare, printing, vehicle repair, dry cleaning, agriculture, welding, woodworking, metalworking and domestic work are all likely to come into contact with COSHH controlled substances, amongst many other industries.
COSHH injuries
If a harmful substance comes into contact with the skin, is inhaled or is ingested, injuries may occur or illnesses may develop, including:
• Skin diseases – e.g. occupational dermatitis
• Respiratory diseases – e.g. occupational asthma, emphysema, farmer’s lung
• Chemical burns
• Chemical poisoning
• Latex allergy
• Pneumoconiosis – e.g. including silicosis
• Cancers – e.g. bladder cancer
• Sharps injuries – e.g. needlestick injuries
• Neurological conditions – eg Parkinson’s Disease.
Injuries caused by hazardous substances can occur through a one-off exposure (e.g. a chemical spilt onto the skin), or through prolonged exposure as a result of inhalation of the substance or as a result of skin contact (e.g. daily contact with dust leading to the development of a respiratory illness or contact with chemicals leading to dermatitis).
Can I make a COSHH injury claim?
If your personal injury has occurred due to the negligence of someone else, such as your employer or a colleague, a personal injury claim may be possible.
For example a hazardous substance may have been incorrectly labelled, stored or disposed of, you may not have received sufficient training or your employer may not have provided a safe system of work or the protective equipment required. If another employee acts irresponsibly and causes an accident, your employer could be held vicariously liable for their actions.
Making a compensation claim for a COSHH injury
If you are unlucky enough to suffer an industrial illness or personal injury caused by a breach of COSHH regulations; it is possible that you may be entitled to make an injury compensation claim.
In order to establish whether a personal injury claim can be made, it is necessary to collect as much information as possible. In every case, medical evidence will be required. Detailed expert evidence is often also required in COSHH cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
Therefore, if you believe that you may be entitled to make a compensation claim, it is important that you seek medical advice, making sure that your doctor/s are made aware of the circumstances, and keeping a record of your symptoms and any treatments. You should also retain any evidence to support the exposure, together with details and receipts of any personal expenses that have arisen as the result of your injury or illness as well, as it may be possible to reclaim these at a later date.
COSHH injury compensation
There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.
The second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the COSHH injury had never occurred. It is important to keep receipts for any expenditure you have related to your condition so that these can be reclaimed.
In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If you are still able to work but not in the same role as before an extra amount may be awarded for loss of ‘congenial employment’, particularly if you held a public service role such as a doctor or police officer. A court can also make a financial award to recognise that your prospects on the open labour market may be limited.
Our personal injury solicitors
The Legal Line’s lawyers are specialists in all areas of personal injury and industrial disease and can therefore provide expert claim advice, guidance and assistance. If you have suffered an injury due to exposure to a hazardous substance controlled by the COSHH regulations, we may be able to assist you in making a compensation claim.
It may also be possible to make a posthumous claim in respect of a relative that has died as the result of such an injury or illness.
Previous COSHH injury claims
We have assisted many innocent victims of COSHH injuries to recover compensation. Details of some of these cases can be found below, or by visiting our news and personal injury clients sections:
Compensation Claim for Respiratory Condition Caused by Welding Fumes
Compensation Awarded in Occupational Dermatitis Claim
Group Claim for Employees With Work-Related Respiratory Illness
Claim Against MoD for RAF Painter Exposed to Dangerous Chemicals
Occupational Asthma Compensation for Factory Employee Exposed to Chemicals
Machine Operator Receives Damages in Occupational Dermatitis Claim
Compensation Awarded in Occupational Dermatitis Claim
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"This compensation is not going to bring my health back. But it will make sure my wife will be looked after. It's a big relief to know that this has all been sorted out in my lifetime."
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