We will assess your injury claim We will assess your injury claim

Compensation for Toxic Gas Exposure in Factory

Can compensation for toxic gas exposure in factory be awarded to cover loss of future earnings? My husband is unable to work after sustaining nerve damage from breathing hydrogen sulphide fumes at the factory where he worked. What can affect the chances of him being able to make a toxic gas injury claim?

Question:

Can compensation for toxic gas exposure in factory be awarded to cover loss of future earnings? My husband is unable to work after sustaining nerve damage from breathing hydrogen sulphide fumes at the factory where he worked. What can affect the chances of him being able to make a toxic gas injury claim?

Answer:

It would be very rare that workers injured due to the release of toxic gas in the workplace would not be able to make claims for compensation for toxic gas exposure in factory. Any toxic gas release – such as hydrogen sulphide – constitutes a breach in a duty of care to employees, and it would be highly unlikely any employer would be able to prove that they are not liable for endangering the health and safety of their employees. Nonetheless, whether your husband is entitled to compensation for toxic gas exposure in factory should be confirmed by a personal injury solicitor, as there are certain circumstances under which a claim would not be possible, or when compensation amounts for toxic gas exposure could be reduced.

Due to the seriousness of nerve damage from toxic gas exposure, compensation awards can be considerable. As a result, an employer or his insurance company may try to discredit a claim or try to find ways to limit the compensation they are liable for. One such area is that of personal negligence; namely any role your husband played in the cause of the accident. If his employer had made appropriate health and safety equipment available such as breathing apparatus, and your husband chose not to use it or not to follow standard health and safety guidelines, it may affect how much compensation which would be awarded due to personal negligence. If breathing apparatus or equipment was provided and worn and did not prevent fumes from being inhaled, then a claim for compensation for toxic gas exposure in factory should be possible. A toxic gas exposure in factory claim may not be possible however if the release of toxic gas was primarily your husband’s fault.

It is vital that compensation claims for toxic gas exposure are assessed by an experienced personal injury solicitor to ensure that all aspects of the injuries are calculated, and an appropriate level of compensation is claimed. Compensation will need to cover not only pain, suffering and loss, but what could amount to a lifetime of medical treatment. Any future health problems which are likely to be suffered as a result of your husband’s injuries should be factored into the claim.

The best step to take before initiating a claim for compensation for toxic gas exposure in factory is for him to speak with a personal injury solicitor. After listening to the circumstances surrounding the accident, a solicitor will assess your husband’s eligibility to make a toxic gas injury claim. He will be told about the procedures which must be followed to ensure that his right to claim is not placed in jeopardy, and he will find out exactly what can be included in the claim.

Claims for compensation for toxic gas exposure in factory include general damages, which are claimed for pain and suffering caused by the injuries, and also for any loss of amenity. Nerve damage can be particularly painful, and can seriously affect the quality of life as well as the ability to perform day to day tasks. A solicitor will enlist medical experts to help determine the level of loss of amenity, and how the injuries are likely to affect your husband´s quality of life. An appropriate compensation figure can then be calculated. The other aspect of a claim for compensation for toxic gas exposure in factory is special damages, and these include any costs or financial losses associated with the injuries. One of the main aspects of special damages is for loss of earnings, which can also include lost overtime and future loss of opportunities.

Special damages claims should ensure that were it not for the accident the victim would be in no worse position financially. Any expenses, costs or losses will be included to ensure that you will not suffer financially due to the accident, although no matter how much compensation for toxic gas exposure in factory is awarded, it can never truly compensate for the loss that your husband has suffered. Your claim should however make sure that financial worries due to the injuries will not add to yours or your husband’s burden.