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Arsenic Poisoning Compensation Claims

If you are suffering from an industrial disease caused by exposure to arsenic, you may be entitled to claim compensation.  Our specialist personal injury solicitors can provide expert claim advice and assistance, so contact us on 0800 032 8511 or by completing a claim enquiry form.

Arsenic

Exposure to Arsenic
Can I Make a Compensation Claim?
Arsenic Poisoning Compensation
Specialist Claim Advice

Arsenic

Arsenic is a naturally occurring, metallic element.  We are all exposed to very small amounts of arsenic on a regular basis, through sources such as our water supply.

It is well known that arsenic is a harmful and toxic substance and that, in large enough doses, it can cause death.  Exposure to smaller amounts can also cause a person to suffer from a range of injuries or illnesses, especially in the case of repeated exposure over a period of time.  Examples of these are certain cancers, damage to the liver, skin, respiratory system and circulatory system.

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Exposure to Arsenic

Arsenic occurs in a number of forms, dependent upon the industry in which it is used. It can be swallowed and ingested in liquid or other, powdered forms and it can be absorbed into the skin causing harm. It can be inhaled in a gas, dust or spray particulate form.  A gas, arsine, contains arsenic and is commonly used in electronics, however arsenic can also be found in pesticides, herbicides and insecticides, and in the pharmaceutical and chemical industries.

It has been used in industries involving timber treatment and wood preservation, glass production, non ferrous metal alloys, semi conductors and the electronic industry, metal foundry and smelting processes. Indeed, its toxicity in very mild dosages was deemed to be an advantage for water purification but with subsequent filtration. Arsenic has also been added to animal feed to try and control disease in livestock.

Exposure can occur either at work or outside the workplace, for example if arsenic escapes into the atmosphere when certain substances are incinerated, causing air pollution.  The resultant ash following the burning of materials and timber contaminated or treated with arsenic may still require careful handling because there may be a residue of arsenic present that can still be potentially extremely harmful to health. Arsenic can also build up in groundwater and soil causing environmental pollution

Any organisations and individuals using substances that contain arsenic have a responsibility to do so safely.  In the workplace, the Control of Substances Hazardous to Health Regulations 1988 (COSHH) apply. All employers or occupiers of commercial undertakings must carry out risk assessments and then monitor and control the use of arsenic in light of its toxicity. Preventative safety measures should be taken to eliminate or reduce the risk of arsenic escape or poisoning at the likely or probable source. Once all measures to prevent or reduce escape of arsenic at the source have been , personal protective equipment in the form of respiratory masks then needs to be considered but only as the last resort.

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Can I Make a Compensation Claim?

If you or a family member are suffering a condition caused by arsenic exposure, you may be able to claim damages. 

Anyone who has been exposed to an irritant or hazardous substance and suspects that this may have caused a personal injury or disease, should seek medical advice immediately.  In the case of arsenic, a urine test will confirm whether a recent exposure has occurred.

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.

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.

If a family member has died from a disease caused by exposure to arsenic, it may still be possible to make a claim posthumously.

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Arsenic Poisoning 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 after the arsenic poisoning 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 arsenic poisoning, so that these can be reclaimed.  The aim is to put you back in a position financially as if your illness had never occurred.

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Specialist Claim Advice

             

At The Legal Line, our lawyers specialise in all areas of personal injury, including recovering compensation for the innocent victims of industrial disease.

They can provide expert claim advice and assistance in reviewing your case and working towards the best possible outcome.

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