Accident Claims for Breach of the COSHH

Introduction

The workplace should be a safe environment. The Control of Substances Hazardous to Health Regulations (COSHH) 2002 are a set of regulations in the UK designed to protect workers from exposure to hazardous substances. If you have been injured or become ill due to an employer's breach of COSHH regulations, you may be entitled to make an accident claim for compensation.

Understanding COSHH

COSHH places a legal duty on employers to ensure the safety of their workers from exposure to hazardous substances. This includes:

• Risk assessment: Identifying any hazardous substances in the workplace and assessing the risks they pose to workers' health.
• Control measures: Implementing appropriate control measures to minimize exposure, such as ventilation, proper storage, and personal protective equipment (PPE).
• Information, instruction, and training: Providing employees with information about the risks associated with hazardous substances, how to work safely with them, and the proper use of PPE.
• Monitoring exposure: Monitoring employee exposure levels to hazardous substances and reviewing control measures regularly.

Breach of COSHH and Potential Accidents

There are many ways an employer can breach COSHH regulations, and these breaches can lead to accidents and ill health. Some common examples include:

• Failing to conduct a proper risk assessment.
• Not providing adequate control measures, such as proper ventilation or PPE.
• Failing to provide information, instruction, and training to employees.
• Not maintaining control measures in good working order.
• Using hazardous substances in a way that is not safe.

Types of Accidents and Illnesses

Accidents and illnesses caused by a breach of COSHH can vary depending on the substance involved. Examples include:

• Chemical burns: Caused by contact with corrosive substances.
• Respiratory problems: Caused by inhaling dust, fumes, or gases.
• Skin conditions: Caused by contact with irritants or allergens.
• Long-term health problems: Such as cancer or neurological damage, caused by prolonged exposure to certain substances.

Making an Accident Claim

If you have suffered an accident or illness due to an employer's breach of COSHH regulations, you may be entitled to make an accident claim for compensation. To be successful in your claim, you will need to show that:

• You were exposed to a hazardous substance at work.
• Your employer breached COSHH regulations.
• There is a link between the breach and your accident or illness.

Evidence to Support Your Claim

The following evidence can strengthen your accident claim:

• Medical records: Documenting your injuries or illness.
• Accident report: Filed at the time of the incident.
• Witness statements: From colleagues who can corroborate your account of events.
• Expert reports: From health and safety professionals who can assess the risks posed by the hazardous substance and the adequacy of the control measures in place.

Seeking Legal Advice

Accident claims involving COSHH breaches can be complex. It is advisable to seek legal advice from a solicitor specializing in workplace accident claims. They can assess your case, advise you on the merits of your claim, and help you gather the necessary evidence.

Compensation

If your accident claim is successful, you may be awarded compensation for:

• Pain and suffering: Compensation for the physical and emotional pain caused by your injuries or illness.
• Loss of earnings: Compensation for any wages you have lost due to your accident or illness.
• Medical expenses: Compensation for the cost of any medical treatment you have received.
• Future loss of earnings: Compensation for any future loss of earnings you are likely to suffer due to your injuries or illness.

Time Limits for Making a Claim

There is a three-year time limit from the date of the accident or the date you became aware of your illness to make a claim. However, it is advisable to seek legal advice as soon as possible after the incident.

Conclusion

The Control of Substances Hazardous to Health Regulations (COSHH) are in place to protect workers from exposure to hazardous substances. If you have been injured or become ill due to an employer's breach of COSHH regulations, you may be entitled to make an accident claim for compensation. By seeking legal advice and gathering the necessary evidence, you can increase your chances of a successful claim.

Disclaimer

The information contained in this article is for general information purposes only and should not be construed as legal advice. While every effort has been made to ensure the accuracy and completeness of the information provided, it is not intended to replace the advice of a qualified solicitor. The law is complex and constantly changing, and the specific laws and regulations that apply to your situation may differ depending on your location. For legal advice specific to your circumstances, you should always consult with a qualified solicitor.

FAQs

1. What are some common ways employers breach COSHH regulations?

• Failing to conduct a proper risk assessment: This is the foundation of COSHH compliance. An employer must identify all hazardous substances in the workplace, assess the risks they pose, and document the findings.
• Inadequate control measures: Even with proper identification, employers may fail to implement sufficient safeguards. This could include inadequate ventilation, lack of proper storage facilities, or not providing appropriate PPE.
• Insufficient training and information: Employees need to understand the risks involved with hazardous substances and how to work safely with them. This includes proper use of PPE, safe handling procedures, and emergency protocols.
• Neglecting maintenance: Control measures like ventilation systems or fume hoods require regular maintenance to function properly. Failure to maintain them can negate their effectiveness.
• Improper use of substances: Using hazardous substances for unintended purposes or in a way that increases risk is a clear breach of COSHH.

2. What types of illnesses can be caused by a COSHH breach?

Exposure to hazardous substances can lead to a wide range of health problems, depending on the specific substance and the level of exposure. Some common examples include:

• Respiratory problems: Inhalation of dust, fumes, or gases can irritate the lungs and cause coughing, wheezing, and difficulty breathing. Long-term exposure can lead to more serious problems like asthma or chronic obstructive pulmonary disease (COPD).
• Skin conditions: Direct contact with irritants or allergens can cause rashes, burns, and dermatitis.
• Chemical burns: Strong acids or alkalis can cause severe burns on contact with skin or eyes.
• Eye irritation: Exposure to fumes or dust can irritate the eyes, causing redness, watering, and blurred vision.
• Long-term health problems: Some hazardous substances can cause cancer, damage the nervous system, or lead to reproductive problems with prolonged exposure.

3. What evidence do I need to support a COSHH breach claim?

Building a strong accident claim requires evidence that links your injury or illness to the employer's breach of COSHH. Here's what can help:

• Medical records: Documentation from your doctor detailing your diagnosis and any treatment received.
• Accident report: If you reported the incident to your employer at the time, a copy of that report.
• Witness statements: Corroborating accounts from colleagues who witnessed the event or can confirm unsafe work practices.
• Safety data sheets (SDS): These documents provide information on the hazards of specific substances, which can help establish the risks involved.
• Expert reports: A health and safety professional can assess the workplace environment and provide an opinion on whether COSHH regulations were breached.

4. How long do I have to make a COSHH breach claim?

The general time limit for making an accident claim in the UK is three years from the date of the accident or the date you became aware of your illness. However, it's crucial to act promptly. Delays can make it harder to gather evidence and can affect the strength of your case. Consulting a solicitor as soon as possible after the incident is recommended.