How do workers made ill by toxic gas pursue claims for gas exposure in a factory? I have recently discovered that I have suffered nerve damage as a result of an incident at work last month in which I was exposed to a toxic gas. I am convinced that my employer is liable for my accident and that I am entitled to pursue a claim for compensation.
Workers may pursue claims for gas exposure in a factory if they can prove that a third party is responsible for their accident. Certainly, suffering nerve damage is a very serious injury and workers who suffer because of the carelessness of someone else deserve to be compensated. Nerve damage can leave a sufferer without the ability to feel in a certain area, and due to the complexity of the human nervous system and of the nerves themselves, is irreversible.
Although it may be difficult to ascertain exactly who is responsible for your nerve damage, your employer is the party most likely to have to bear the responsibility. This is because your employer owes you – and all of their employees – a legal duty of care, meaning that they must take precautions to ensure that your workplace is as safe as possible. Their duty of care also includes a responsibility to provide safety equipment such as overalls, gloves and face masks – the last of which may be pertinent in your case. If any employee believes that their employer has failed in their duty of care, it may be possible to initiate claims for gas exposure in a factory.
Employers are also obliged to follow the rules set out under the COSHH (Control of Substances Hazardous to Health) guidelines, which includes a requirement for all work to be carried out in well ventilated spaces – a requirement, which if followed correctly, may limit the effects of gas exposure and thus limit the number of those being forced to claim factory gas exposure compensation. This may also be of relevance to your individual claim.
It is impossible to determine if you are entitled to claim compensation based solely on the information you provided in your question. In order to establish whether or not you are eligible to pursue a claim for gas exposure injury in a factory, you should speak with a lawyer at the first available opportunity. Not only will a lawyer be able to tell you whether or not you are entitled to claim compensation, they may also be able provide you with information on how much compensation is awarded for claims for gas exposure in a factory, and more specifically, how much compensation you may receive.