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Personal Injury Claims for Lead Poisoning

If you are suffering from an illness or disease caused by lead exposure, 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.

Causes of Lead Poisoning

Symptoms of Lead Poisoning
Making an Industrial Illness Claim
Lead Poisoning Compensation
Specialist Personal Injury Claim Advice

Causes of Lead Poisoning

Although we are now more aware of the potential ill effects that lead can have on our health, and so lead is used less frequently, there are still some circumstances under which a person can suffer lead poisoning if not adequately protected.

For example, there are still lead based paints and batteries being produced, and those working in the demolitions industry may have to break down materials containing lead or lead paint.  If lead fumes are inhaled through smelting, grinding or cutting, they can cause a variety of adverse health effects. 

Older buildings may contain lead pipework, flashings or lead sheets used for protection against any leakages or seepages of water and rain water, lead paint and certain items including toys and pottery may contain lead based paints or glazes. Soil contaminated with lead can also be hazardous if swallowed by children. Handling old lead sheets or batteries can also be harmful as can be burning off old lead paint. Plumbers, carpenters, painters and decorators, persons working in foundries and in the lead smelting industry, workers in the paint industry and the battery manufacturing industry may all be vulnerable as a result of exposures to lead during that employment.

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Symptoms of Lead Poisoning

The symptoms of lead poisoning vary, dependent upon the severity of the poisoning and whether the patient is an adult or a child.

Mild poisoning will often result in lethargy, nausea, headaches and stomach pain.  More severe poisoning can give rise to symptoms including vomiting, insomnia, irritability, weight loss, diarrhoea, anaemia and cognitive problems.

Lead poisoning can cause neurological and fertility problems and, in children, can cause encephalopathy and lead to learning difficulties.

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Making an Industrial Illness Claim

If you are unfortunate enough to be affected by lead poisoning, you may be able to take legal action against the responsible party in the form of an injury claim for compensation.

Whether the exposure is through the negligence of your employer or a third party, there are regulations that control the use of lead, in place to protect employees and members of the public.  These include the Control of Substances Hazardous to Health (COSHH) Regulations 1988, and others dating back as far as 1927. The Law now requires employers to carry out risk assessments for all jobs undertaken by their workers to identify potential health risks. The risk of harm to health must be eliminated or reduced at source where this is possible. Once all such protective measures have been implemented, personal breathing protective equipment can then be provided but only as the last resort.

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 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.

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

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Lead 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 that you used to be able to do before (eg wash your car, look after your garden, walk the dog 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 your illness, so that these can be reclaimed.  The aim is to put you back in a position financially as if the lead poisoning had never occurred.

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Specialist Personal Injury Claim Advice

             

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

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

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