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Environmental Health – Have You Got a Claim?

It may be possible to claim compensation if you have suffered an illness or personal injury caused by someone else.  Contact The Legal Line today on 0800 032 8511, or by completing a compensation claim enquiry form for specialist claim advice.

Injury or Illness Caused by Hazards in the Environment

Air Pollution and Water Pollution

Land Pollution

Environmental Health and the Workplace

Other Environmental Health Issues
Can You Make an Environmental Health Claim?
Compensation
Our Personal Injury Lawyers

Illness or Injury Caused by Hazards in the Environment

Injuries caused by hazardous substances in the environment are unfortunately a risk in this day and age.  Exposure to materials such as industrial, chemical or radioactive waste, pollutants or other agents can cause disease or personal injury, for which the sufferer may be entitled to claim injury compensation.

In some cases, the illness or injury may be caused by working conditions, in others exposure could be, for example, through pollutants in the air, ground or sea.  Pollution can arise from industrial processes, agriculture, or isolated accidental incidents. Pollutants or harmful agents can be in the form of solids, fluid, dust, gas , steam, aerosol or other particulates and can even include extremes of temperature.

Whatever the circumstances, it is essential to seek medical advice immediately if you become unwell and be sure that your doctor is aware of your suspicion of the cause.  You should also retain any evidence to support the exposure.  It is useful to keep 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.

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Air Pollution and Water Pollution

Most often, air and water pollution is caused by industrial processes or the disposal of waste and, in the case of air pollution, particularly when fuels are burnt. 

Air Pollution

There are regulations in place to control and monitor emissions and waste management that companies must abide by in order to control the levels of pollution in the air.  If they are not adhered to and levels of pollution reach harmful levels, people living or working nearby can suffer illness as a result.  Dust and smoke from businesses, construction sites and demolition can also pose a health hazard. Risk assessments should be carried out.

Water Pollution

Similar regulations apply to water pollution.  If the water supply is not kept to recommended standards, bacteria or chemicals can cause a range of illnesses to those that use it.

If you develop an illness due to the negligence of someone else, it is always advisable to seek legal advice from a specialist solicitor at the earliest opportunity, as you may be entitled to compensation.  It is also important to notify your environmental health officer, so that they may take steps to investigate the matter.

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Land Pollution

Land is considered to be polluted, or contaminated, if it contains hazardous substances at a high enough level to be harmful to humans if they come into contact with the skin, are inhaled or are swallowed.

In general, land that is contaminated tends to have previously been used for industrial purposes.  The most common activities that can cause land contamination include:

• Chemical plants
• Power stations
• Use of pesticides
• Waste recycling
• Engineering activities
  

Other causes of contaminated land could be the disposal of waste, spillages, leaks or the demolition of buildings containing hazardous substances such as asbestos.

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Environmental Health and the Workplace

Each employer has a responsibility to carry out risk assessments and reduce the risk of injury to their employees as far as is reasonably possible.  If you develop a work related illness, it is important to report the matter to your employers, so that they may investigate. The employers are under a duty to repeat the risk assessment where problems arise or if there are changes to the work process.

Employers have to comply with certain regulations relating to safety in the workplace, including the Control of Substances Hazardous to Health Regulations (COSHH) 1988.  If they fail to do so, and you suffer a personal injury or industrial disease as a result, you may have grounds for a compensation claim.

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Other Environmental Health Issues

 

Legionnaires Disease

Legionnaires' disease is a type of pneumonia, caused by the bacterium legionella pneumophila, which contaminates water supplies.

The disease is contracted when a person is exposed to contaminated water and inhales small droplets.  Most often, the exposure occurs through air conditioning systems, cooling towers, humidifiers or other, similar installations that draw upon a common water source.

Many people exposed to the bacterium do not become unwell but the disease can become serious, or even fatal in some cases.  Legionnaires' disease does not spread from person to person.

In order to prevent outbreaks of legionnaires disease, it is important for those responsible for water systems to employ an effective routine of cleaning, management and water treatment.

Food Poisoning

Bacterial food poisoning is most commonly caused through improperly cooked, prepared or handled food. Bacterial food poisoning can cause the sufferer to become extremely ill or, in severe cases, can even be fatal.

It is possible that the poisoning could have occurred due to food consumed in a restaurant, at work, whilst on holiday, or even a product purchased for use at home.

If you believe that you are suffering from food poisoning caused by the negligence of another party, you should seek medical advice and ensure that the matter is reported to an environmental health officer.  Our expert lawyers are specialists in recovering compensation for victims of food poisoning, so may be able to assist you with a claim.

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Can You Make an Environment Health Claim?

In every case, medical evidence will be required.  Detailed expert evidence is often also required in disease 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.

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Compensation

There are two elements to a compensation award.  The first is for the pain and suffering you may have gone through and what is known as loss of amenity.  This is called general damages and can include an award for your inability to do things that you used to be able to do before (eg wash your car, look after your garden, continue with hobbies etc).  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 is for your losses and expenses and is known as special damages.  It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed.  The aim is to put you back in a position financially as if the accident had never occurred.

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Our Personal Injury Lawyers

At The Legal Line, our specialist personal injury lawyers are experienced in all areas of personal injury, including claims for industrial diseases and illnesses caused by exposure to pollutants and hazardous substances. 

They can provide you with expert claim advice, assistance and guidance on your potential case.  This service is offered on a completely cost free, risk free basis to all of our customers, as our solicitors are able to reclaim their costs from the insurance company of the responsible party, following the claim.

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