subject: Chemical Injury Claims [print this page] Chemicals have long been used across a variety of different working environments. But despite their frequent use, chemical injury in their workplace remains a real threat to the health and safety of employees. There are strict regulations in place to help reduce this risk. However, if these regulations are not respected by an employer and a member of staff suffers a chemical injury, there could be grounds for a chemical injury claim.
Chemical Injuries at Work.
Whether they are corrosive, toxic, highly flammable, carcinogenic or poisonous, most chemicals have known side-effects that can cause damage to our health. This means many chemicals are in fact dangerous to work with, and must be used properly by employees if injury is to be avoided.
Nevertheless, chemical injuries in the workplace do occur on a regular basis. The type of damage sustained will depend upon the type of chemical in question, as well as upon the degree of exposure. For example, if a highly corrosive chemical comes into contact with an employee's skin, then a burns injury may arise immediately. On the other hand, if there is low level exposure for a long period of time, the onset of pain and suffering will be gradual. In the past this would often happen to those who worked with lead-based paint, or who were exposed to asbestos for many years.
A chemical injury sustained at work will, therefore, depend upon the set of circumstances. Some of the most common types of chemical injury at work include:-
* Burns;
* Chemical poisoning;
* Dermatitis;
* Asthma;
* Cancer;
* Nerve damage;
* Infertility;
* Damage to the liver and kidneys.
Claiming for a Chemical Injury.
Because chemicals are dangerous to work with, there are regulations in place to help minimise the risks posed to employees. This legislation is called the Control of Substances Hazardous to Health Regulations 2002 (COSHH), and it is an employer's duty to ensure it is enforced within the working environment.
This duty should begin with a risk assessment, during which all hazardous substances (including chemicals) that pose a threat to an employee's health and safety are identified. Measures should then be implemented to reduce the risks as much as possible. This may include providing personal protective equipment, providing training, or replacing a harmful chemical substance with a different one.
If there is a failure to adhere to these regulations and an employee sustains a chemical injury, their employer will be held directly responsible. This is because an employer will have breached his or her duty to protect the health, safety and well-being of their staff. Any member of staff injured as a result of this negligence will be the victim of personal injury, meaning they will be entitled to claim compensation.
