Carbon monoxide poisoning is a serious and sometimes life threatening occurrence that can happen anywhere fuel is being burned. This guide examines what carbon monoxide is, how it can be released in dangerous volumes and who might be eligible to make a carbon monoxide poisoning claim.
We look at how compensation is calculated in such claims, including for financial losses that may occur as a result of carbon monoxide exposure. You will also see a brief section covering fatal accident claims.
At the end of this guide, we have included an overview of the No Win No Fee Agreement offered by our panel of expert solicitors. If you have suffered carbon monoxide poisoning, get in touch with our advisors for a free assessment of your eligibility to claim using the following details:
- Call our advisors on 020 8050 2736
- Open the live chat window on your screen
- Contact us through our website
Browse This Guide
- What Is Carbon Monoxide Poisoning?
- Can I Make A Carbon Monoxide Poisoning Claim?
- How Do I Make A Carbon Monoxide Poisoning Claim?
- Who Pays Compensation For A Carbon Monoxide Poisoning Claim?
- How Much Carbon Monoxide Compensation Could I Receive?
- Can I Claim For The Death Of A Loved One Caused By Fatal Carbon Monoxide Poisoning?
- Can I Claim For Carbon Monoxide Poisoning On A No Win No Fee Basis?
- More Resources About Making Personal Injury Claims
What Is Carbon Monoxide Poisoning?
Carbon monoxide (CO) is a poisonous gas produced by appliances such as wood fires, gas hobs or oil-fired boilers not burning their fuel properly. According to the NHS, carbon monoxide poisoning can cause the following symptoms.
- Headaches and dizziness.
- Nausea and vomiting.
- Chest pains.
- Confusion
- Shortness of breath.
Carbon Monoxide is dangerous because it has no taste or smell but is extremely poisonous. If household appliances are not installed properly or are faulty, the risk of carbon monoxide poisoning is greatly increased. To learn more about making a carbon monoxide poisoning claim, contact our team today using the details given above.
Can I Make A Carbon Monoxide Poisoning Claim?
Carbon monoxide poisoning can occur in a variety of different ways. Essentially, anywhere that has appliances running on solid fuels, oil, or gas can be at risk of carbon monoxide build-up if those appliances are not installed or maintained correctly.
We have listed a few possible scenarios where personal injury claims could be made if you suffered carbon monoxide poisoning in the sections below.
Carbon Monoxide Poisoning In Rented Properties
The Smoke and Carbon Monoxide Alarm Regulations 2015 require that each storey of a property with a room being used as living accommodation have a smoke alarm. Similarly, every room with a fixed combustion appliance must have a carbon monoxide detector. As an example:
Your landlord failed to ensure the carbon monoxide alarm in the property was installed correctly. Carbon monoxide coming from your gas fire was, therefore, not detected, causing you to suffer considerable brain damage.
Carbon Monoxide Poisoning At Work
Under the Health and Safety at Work Act, etc. Act 1974, employers are required to take reasonable steps to ensure the safety of their workforce. This duty can be met in various ways depending on the workplace. To assist employers in meeting their legal obligations, Britain’s national regulator for workplace health and safety, the Health and Safety Executive (HSE), issues detailed guidance on a variety of topics.
Under the Health and Safety at Work etc Act, employers must also adhere to other health and safety legislation, such as the Control of Substances Hazardous to Health Regulations 2002 (COSHH). Under these regulations, employers must prevent employees from being exposed to substances hazardous to health, or adequately control exposures, such as through proper maintenance checks and providing protective respiratory equipment.
As an example, the boiler for the workplace central heating had not been serviced, meaning a fault was not repaired. A lack of carbon monoxide alarms within the workplace resulted in carbon monoxide being undetected. You suffered serious damage to your lungs because of this.
Carbon Monoxide Poisoning In A Public Place
The Occupiers’ Liability Act 1957 requires the parties in control of public places, or “occupiers”, to take steps to ensure the reasonable safety of all visitors to that location. An example of an occupier breaching this duty of care and causing carbon monoxide poisoning to occur could be:
A hotel had a wood burning stove in their dining area. A failure to test their carbon monoxide alarm resulted in multiple customers inhaling carbon monoxide. You suffered damage to your heart due to the inhalation.
How Do I Make A Carbon Monoxide Poisoning Claim?
Making a carbon monoxide poisoning will require you to provide some supporting evidence. There will be different types of evidence available to you depending on the nature of your accident. We have provided some general examples here:
- Medical records: carbon monoxide poisoning can be life-threatening and it is always advisable to seek medical attention after suspected inhalation. Not only will this safeguard your wellbeing but the medical records produced by this will be useful evidence for your claim.
- Workplace documents: records of training or maintenance work could show certain essential tasks were performed incorrectly or not at all.
- Your tenancy agreement will state that your landlord has a legal duty to repair faulty appliances in the property.
- Witnesses: anyone who saw the faults or lack of safe practice, such as a coworker or fellow tenant, could act as a witness. Be sure to get their contact information so their statement can be taken during the claims process.
A solicitor from our panel of personal injury experts could assist you with gathering evidence. They could also ensure that all court instructions and deadlines are complied with, as well as make sure your claim is brought within the relevant limitation period.
To find out more about what evidence is needed for a personal injury claim, or for a free assessment of your eligibility to claim, contact our advisors today.
Who Pays Compensation For A Carbon Monoxide Poisoning Claim?
Compensation in a successful carbon monoxide poisoning claim will be by the third party responsible for the harm you sustain. So this is your employer if at work, your landlord if in rented accommodation. Both of these parties should have insurance policies in place to cover personal injury claims.
How Much Carbon Monoxide Compensation Could I Receive?
There are two heads of loss that carbon monoxide poisoning compensation can be awarded under. These are:
- General damages: compensation for physical and psychological harm.
- Special damages: compensation for monetary losses incurred as a result of your injuries. This will be covered in more detail below.
When calculating a possible general damages figure, those responsible for this task can refer to your medical evidence, in conjunction with the Judicial College Guidelines (JCG). The JCG publication contains guideline compensation figures for a variety of injuries. We have used a relevant selection of these, with the exception of the top entry, in the table here.
Compensation Table
Please be advised that the figures provided in this table are intended for guidance purposes only.
| Type of Injury | Severity | Guideline Compensation Value | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries with Significant Special Damages | Very Severe | Up to £1,000,000+ | The injured person will have experienced very severe harm as well as incurred significant care costs, lost income and care needs. |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 | Very little environmental response, no language function double incontinence and the need for full time nursing care. |
| Moderately Severe (b) | £267,340 to £344,150 | Very serious disability requiring substantial dependence on others. Disabilities may be physical or cognitive. | |
| Moderate (c)(ii) | £110,720 to £183,190 | Moderate to modest intellectual deficit, change in personality, impact on the senses and greatly reduced employment prospects. | |
| Lung Disease | Serious Disability (a) | £122,850 to £165,860 | Cases where a young person has a probability of progressive worsening and premature death. |
| Breathing Difficulty (d) | £38,210 to £66,920 | Difficulty breathing, necessitating frequent inhaler use with a significant effect on daily life. | |
| Slight breathlessness (f) | £12,990 to £25,380 | No effect on working life with a likely permanent recovery within a few years. | |
| Chest injuries | Toxic Fume Inhalation (e) | £6,500 to £15,370 | Inhalation of smoke or toxic fumes causing some residual dmage |
Special Damages In A Carbon Monoxide Poisoning Claim
Special damages is the second of the two heads of loss that compensation in a successful carbon monoxide poisoning claim can be awarded under. Payments made under special damages cover both current and future financial losses, aiming to quantify the ongoing impacts your injuries have had on you.
It is for this reason that the compensation paid out under special damages is very often higher than awards paid out under general damages. We have provided some possible examples of costs you could be reimbursed for here.
- Loss of earnings: if you need to take leave from work to recover, you could receive your lost pay as compensation.
- Medical expenses: such as private healthcare, prescriptions or other bills that are paid out of pocket.
- Domestic Care: if your injuries render you unable to carry out tasks such as cleaning or food preparation safely on your own, you could claim for the cost of in-home support.
- Home adaptations: in cases where carbon monoxide poisoning has caused brain damage, your mobility may be impacted. Home modifications such as access ramps, stairlifts or modified showers could be reimbursed as part of special damages.
As with general damages, you will need to provide evidence of the costs you have incurred. Be sure to hold onto copies of your payslips, receipts, care invoices and any other documents as proof of the monetary impacts of your injuries.
We want to emphasise that this section has been included to provide general guidance only. Each claim is assessed based on its own individual circumstances, and therefore, we cannot provide specific information on its value. To get a more detailed estimate of the value of your potential claim or for a free consultation regarding your eligibility, contact our advisors today using the contact information given below.
Can I Claim For The Death Of A Loved One Caused By Fatal Carbon Monoxide Poisoning?
Carbon monoxide inhalation is potentially fatal. Therefore, a carbon monoxide poisoning claim could be made by the family of the injured person if they suffer fatal harm in certain circumstances. The two laws that govern fatal accident claims are:
- The Law Reform (Miscellaneous Provisions) Act 1934: Under this Act the estate of a deceased individual can claim for the deceased’s pain and suffering as well any monetary losses experienced prior to their death. The estate has the exclusive to make a claim in the first 6 months after a death.
- The Fatal Accidents Act 1976: certain dependents can claim for the impact the death has had on them. It should be pointed out that dependents can only claim once 6 months has elapsed.
To get further information who is able to claim compensation following a fatal accident, talk to our advisors using the contact information given below
Can I Claim For Carbon Monoxide Poisoning On A No Win No Fee Basis?
You can contact our advisors at any time for a free consultation regarding the validity of your potential carbon monoxide poisoning claim. If our team deem your potential claim as valid, than a solicitor from our panel could offer to take your case on a No Win No Fee basis.
The type of contract offered by our panel of personal injury experts is called a Conditional Fee Agreement (CFA). Such an agreement provides distinct benefits including:
- No fee to pay for the solicitor to start working on your case.
- There will also be no fee for this work during the actual claims process itself.
- Finally, if your claim fails, you will not incur a fee for the work done on the case.
Following a successful claim, you will receive a personal injury compensation payout. A percentage of this will be deducted as the solicitor’s success fee. Since success fees are capped at a maximum of 25% by The Conditional Fee Agreements Order 2013, you will be keeping the majority of any compensation awarded.
To find out if you have a valid claim, get in touch today using the contact information provide here:
- Call our advisors on 020 8050 2736
- Open the live chat window on your screen
- Contact us through our website
More Resources About Making Personal Injury Claims
You can read some of our other personal injury claims guides by following these links:
- Read our guide on neck injury claims here.
- Find out the eligibility criteria to make a pedestrian crossing accident and how compensation is calculated in road accident claims.
- Learn more about how to make a pub accident claim with this guide.
We have also included these external resources for additional guidance:
- After an incident, first aid can be crucial. Learn more on the NHS website.
- You may entitled to Statutory Sick Pay (SSP) if you are off work due to your injuries. Learn about claiming SSP on the Government website.
- The HSE has issued this guidance on domestic gas safety that you can read on their website.
Thank you for reading this guide to making a carbon monoxide poisoning claim. For more information or a free assessment of your eligibility, contact our advisors using the contact information given above.
