If you are suffering ill health due to hydrocarbon exposure and believe negligence is the cause, you may be able to file a hydrocarbon exposure compensation claim. Speaking to a personal injury solicitor can help you determine whether or not you have grounds to file a claim, and if so what compensation you may be due.
Where Are Hydrocarbons Commonly Used?
Hydrocarbons are used regularly in a wide range of industries, particularly those that use large machinery and are commonly found in industrial solvents, gasoline, motor oil, and rubber cement.
Small traces of hydrocarbons can be found in various everyday items such as glue, lighter fluid, paint, and propellants. Hydrocarbons are also generated as a by-product of burning wood or oil, or during the manufacture of dyes and plastics. While occasional hydrocarbon exposure may not cause any serious injury, being exposed to hydrocarbons for extended periods of time can cause serious illnesses.
Who Is At Risk Of Hydrocarbon Exposure?
Workers employed in the motor, paint, and oil industries are at the highest risk of exposure to hydrocarbon chemicals.
Hydrocarbons are one of the ingredients found in solvents, aerosol products, cleaning fluids, and refrigerants. A leak, spill, or accidental contact during manufacturing, packaging, or transporting any of these products can result in hydrocarbon health effects such as asphyxiation, narcosis, cardiac arrest, chemical pneumonitis, pulmonary oedema, haemorrhage, and death.
Anyone living in the proximity of any of these industries may also be at risk if the company is negligent in the way they remove and dispose of waste materials containing hydrocarbons.
In all of the above cases, the responsibility of minimising hydrocarbon exposure lies with the employer.
Employers’ Legal Responsibilities Regarding Hydrocarbon Exposure
Employers of all industries must to comply with the guidelines laid down by the Health and Safety Executive (HSE) and the Control of Substances Hazardous to Health 2002 (COSHH 2002) Act. Both legal rulings state that employers have a duty of care to protect the health and safety of their workers.
To comply with these legal rulings, employers are required to conduct regular risk assessments of the workplace and put measures in place to minimise these risks.
With regard to hydrocarbon exposure, some steps employers can take to protect their workers include, but are not limited to:
- Providing workers with adequate protective personal equipment such as gloves and respiratory masks
- Ensuring that the workplace is properly ventilated to prevent accumulation of toxic vapours
- Providing workers with training regarding safe handling of hydrocarbon-containing materials
- Ensuring that all toxic materials are disposed of correctly
Failure to comply with any of these measures can be construed as negligence and if you suffer from hydrocarbon poisoning or other ill health effects from hydrocarbon inhalation, your employer could be held liable to pay compensation.
Making A Hydrocarbon Exposure Compensation Claim
Making a hydrocarbon exposure compensation claim generally requires in-depth knowledge of the law and legal terminology. Any error in a compensation claim can get it thrown out on a technicality. Personal injury solicitors are experts in this area. With years of experience, our solicitors know exactly how to present your claim for maximum success. They also have resources that they will use to calculate the maximum amount of compensation that you can claim for.
Another advantage of having a personal injury solicitor file your claim is that you can benefit from their expertise without paying any upfront fees. To make it easier for claimants to fight for their rights without having to worry about money, our personal injury solicitors work on a No Win No Fee basis. If you don’t have the funds to cover legal expenses, availing of this option frees you from any financial obligations until the claim has been settled.
The No Win No Fee agreement works exactly as it sounds. If you don’t win your claim, you don’t have to cover any of the legal costs. You only pay when we win the claim and receive compensation. The amount charged as a fee and the timeline and mode of payment will be clearly outlined in the No Win No Fee agreement. The fee is calculated as a percentage of the compensation awarded and is deducted directly from it.
How Much Compensation For Hydrocarbon Exposure?
The exact amount of compensation for hydrocarbon exposure paid in a successful claim depends on the extent and severity of the damage to and the effects on your health, and your actual losses caused by the exposure.
Our compensation calculator below demonstrates compensation amounts that are used by solicitors when calculating compensation for general damages, which relate to pain and suffering. Special damages compensation may also be calculated and claimed where applicable.
Your solicitor would also claim special damages compensation for your expenses due to the hydrocarbon exposure where applicable. These include:
- All medical expenses, for example prescription medication costs, cost of diagnostic tests, physiotherapy, and long-term rehabilitation treatment
- Cost of all travel related to your treatment including taxi or public transport fares and parking fees
- Cost of making any structural adaptations to your home or fitting assistive equipment to your vehicle to accommodate your injuries
- Cost of mobility equipment if required
- Cost of home care if you can no longer manage housework independently
- Costs incurred by relatives or friends who have had to take time out to help and support you during recovery
- Loss of income from being forced to take time off from work
In order to calculate how much compensation to claim for, your solicitor will need all details relating directly to the hydrocarbon exposure and poisoning. If you want to speak with a personal injury solicitor now for advice on making a hydrocarbon exposure compensation claim then please call 0800 6524 881, or fill in one of the forms on the page and we’ll call you back.
