I had to leave work due to lung problems I developed at work and feel I should be entitled to compensation. Can claims for gas poisoning in a factory be made against a past employer?
It is possible to make claims for gas poisoning in a factory against a past employer, although there is a strict time limit which applies to making claims for compensation. The UK Statute of Limitations places a three year time window for making a personal injury claim, and if claims are not initiated within this time frame they will be time barred and it will not be possible to recover compensation.
This does not necessarily mean that your claim needs to be started within three years of exposure to poisonous gasses at work. If there was a delay in exposure to the causative agents of your lung condition and the development of symptoms of the damage caused, the claims period will commence from the date of knowledge of the injury. This would be the date that your doctor diagnosed your illness.
Even though you may still have plenty of time to initiate a factory gas poisoning claim, it is important that evidence of employer negligence is collected as soon as possible while it still exists. Since you have now left your position and some time has elapsed since you were exposed to harmful substances at work, collecting evidence to support your claim may be problematic. We therefore recommend seeking legal advice from a personal injury solicitor about making claims for gas poisoning in a factory as soon as possible. A solicitor is in the best position to investigate your case and collect of employer negligence on your behalf to support your claim.
Provided that a claim is possible, you will be entitled to recover compensation for gas poisoning in a factory for the pain and suffering caused by your injury and for the deterioration in quality of life as a result of your lung problems. You will also be entitled to recover any financial losses which have been suffered as a result of your injury. This will include loss of earnings while you were employed in addition to lost income from no longer being able to work. If you have had to pay for treatment or have incurred any losses as a result of your injuries, these can also be recovered when you make a factory gas poisoning claim.
Your solicitor will calculate how much compensation for gas poisoning in a factory you can recover from your past employer, and will seek to get your maximum entitlement to compensation from his or her insurance company. An award of compensation will not make up for the fact that you have suffered a serious illness as a result of your work, but it should help to ensure that you are not made to suffer financially as a result of your illness.