By Jo Anderson. Last Updated 5th September 2023. Welcome to our guide on carbon monoxide poisoning compensation. Here, we’ll look at the process of making a carbon monoxide poisoning claim.
We answer FAQs such as ‘What does carbon monoxide do to the body?’. Plus, we explain how you could claim for poisoning from carbon monoxide in the workplace in the UK. You can get examples of carbon monoxide compensation payouts. Plus, you can also get answers to questions such as ‘can I sue my landlord for stress?’ and ‘can i claim compensation for a gas leak?’.
We explain who could sue a housing association for negligence relating to dangerous carbon monoxide levels. Plus, what help you can get when you sue for negligence or take legal action against a landlord in the UK for not fixing things.
Furthermore, we cover questions such as ‘When there’s a gas leak in the house, who pays in the UK?’, ‘What damage can be included in compensation for carbon monoxide poisoning?’ and ‘Can I sue my landlord for no gas safety check?’
When Could I Claim Carbon Monoxide Poisoning Compensation?
Carbon monoxide poisoning can lead to serious illness and even death. It is known as a silent killer as it has no taste or smell. If you have been the victim of carbon monoxide poisoning as a result of a faulty appliance in your home, negligence at work or negligence on holiday then you may be eligible for compensation under a carbon monoxide poisoning lawsuit settlement.
If you would like to find out more about making these kinds of claims, please contact Accident Claims. Our experienced team of experts can advise you whether you have a viable carbon monoxide poisoning case and how to begin your claim. Call us free today on 0800 073 8801 or fill in our online form. Alternatively, read on to learn more about potential carbon monoxide poisoning verdicts.
Select a Section
- Could I Claim For Suffering Carbon Monoxide Poisoning At Home?
- Can I Claim Against My Landlord If I Suffer Carbon Monoxide Poisoning In A Rented Property?
- Can I Make A Carbon Monoxide Poisoning Claim Against A Housing Association?
- A Faulty Boiler Gave Me Carbon Monoxide Poisoning – Can I Claim?
- What Are The Time Limits For Carbon Monoxide Poisoning Claims?
- How Much Compensation For Carbon Monoxide Poisoning?
- No Win No Fee Carbon Monoxide Poisoning Claims
- Make A Carbon Monoxide Claim Today
- Useful Links On Carbon Monoxide Poisoning Claims
If you suffered from carbon monoxide poisoning in your own home, you may be asking ‘can I claim compensation for a gas leak?’ or ‘can I sue my landlord for stress?’ If you can prove the poisoning was someone else’s fault, you could hold liable the following people or companies:
- If you suffered carbon monoxide poisoning at home as the result of an appliance that was faulty, then you might claim against the manufacturer/maker of that appliance.
- It is prudent to ensure you have a carbon monoxide detector in the home. If however the manufacturer of your carbon monoxide detector created a faulty product or did not install it properly, leading to carbon monoxide poisoning, then you might make a carbon monoxide legal case against the company.
If you’d like more information on carbon monoxide poisoning compensation claims after being poisoned at work, please read on as our next section will be of use to you.
When you have lived in rented accommodation and have been made ill by carbon monoxide poisoning as a result of a gas leak because your landlord did not fulfil the smoke alarm requirements, then you may make a carbon monoxide landlord claim because of the landlord’s negligence.
Landlords are legally required to provide a gas safety certificate which is current. In order to keep this certificate up-to-date, it must be renewed annually. Without the certificate, the landlord is breaking the law. So, if you are wondering can you sue for carbon monoxide poisoning then the answer is yes. Your landlord may also be prosecuted through the criminal court.
My Landlord Did Not Provide A Carbon Monoxide Detector – Can I Claim?
You may be wondering do I need a carbon monoxide detector with a combi-boiler? The answer is yes, for safety reasons. Having a carbon monoxide detector is the law in Scotland if you have a gas boiler. If you are living in rented accommodation getting a carbon monoxide detector for a gas boiler is the landlord’s responsibility according to the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. In addition, any room which is for living in and has a utensil that burns solid fuel should also have a carbon monoxide detector. Your landlord has a responsibility to check these carbon monoxide detectors on the first day of your tenancy. If your landlord has failed to do this, then you may claim compensation.
In addition, there should be sufficient ventilation in rooms that contain appliances such as open fires or cookers to prevent the build up of carbon monoxide in the space.
The same rules apply if your housing is looked after by the local authority or housing association. If somebody has been negligent and somebody has experienced carbon monoxide poisoning in your rental accommodation because of it, then you may be eligible for a carbon monoxide poisoning settlement.
For more information on making carbon monoxide poisoning claims in the event of a faulty boiler, read on to our next section, or give us a call and we can answer any questions you have.
You may be wondering whether you could sue a housing association for negligence. Landlords have a duty of care to ensure that your home is safe and well maintained. This is outlined in the Housing Act 1988. As a landlord, this duty of care extends to housing associations.
They are responsible for dealing with issues that relate to:
- Mould and dampness
- Gas, water and electricity
- The structure of the property, including the interior and exterior
They are also responsible for ensuring fire and carbon monoxide safety.
If, as your landlord, a housing association breached the duty of care they owed you and caused you to sustain harm as a result, you may be able to seek compensation. For example, if there are dangerous carbon monoxide levels and your landlord failed to take reasonable steps to address the problem, this could lead to you experiencing harm.
To learn more about whether you can sue for negligence, please get in touch.
If you are considering making a claim for harm caused by housing association negligence, please call our team. We could answer any questions you might have and help you begin a claim.
Do you have an old gas boiler and do not maintain it regularly? If so, then you are at risk of carbon monoxide poisoning. Your boiler may be releasing this gas into the air in your home. Therefore you should ensure that your boiler is serviced annually by a gas safe engineer. That ways, you can ensure that your boiler is not releasing carbon monoxide. If you do not get an annual service for your old boiler, then you may not be eligible for a carbon monoxide poisoning settlement.
What if you do keep on top of regular servicing and you still experience carbon monoxide poisoning as the result of a leak? This can indicate that the boiler is faulty. You may claim carbon monoxide poisoning compensation against the boiler’s manufacturer. Or, the gas safe engineer, or the company they work for, if they have claimed that the boiler is safe, when in fact it is not.
If you’re interested in making a claim to recover carbon monoxide poisoning compensation, get in touch with our team today.
If you are eligible to make a carbon monoxide claim, you must start legal proceedings before the time limit expires. This time limit is set by the Limitation Act 1980 as generally three years from the date of the incident. Alternatively, this could be three years from the date of knowledge.
The date of knowledge is the date that you first realised, or would have been expected to realise, that the carbon monoxide you inhaled caused harm. This could occur following a medical appointment.
However, for certain carbon monoxide poisoning claims, there are exceptions to these time limits. These include:
- Those who lack the mental capacity to bring forward a claim themselves. For this type of claimant, the time limit will have an indefinite suspension. However, during this time, a litigation friend can begin proceedings on their behalf. Should this capacity be regained, they will have three years from the date of recovery to start the claiming process if a litigation friend did not act on their behalf.
- Those under the age of 18. For these parties, the time limit is paused until their 18th birthday. A litigation friend can act on their behalf at any point prior to this date. If they turn 18 without a claim being brought forward for them, they will have three years from the date of their 18th birthday to start a claim.
If you have any questions about limitation periods in personal injury claims, please get in touch with one of the advisors from our team.
If you suffered injuries from carbon monoxide poisoning, settlement amounts in personal injury claims might be of some interest to you. How much compensation for carbon monoxide poisoning is different between claims. This is due to the variations in them. For example, some claimants may recover special damages as part of their compensation. We’ll look at special damages shortly.
If your claim is successful, you will be awarded general damages to compensate for the physical pain and mental suffering caused by the carbon monoxide poisoning. To help arrive at a value for pain and suffering, legal professionals use the Judicial College Guidelines (JCG) as guidance. The document lists injuries with compensation brackets.
Our table below contains figures from the JCG. As each claim is different, the amounts in the table are only provided to help you understand how your injuries will be assigned value. They do not represent what you will receive.
|Reason that damages are payable||Compensation amount||Notes|
|Brain damage - severe||£219,070 to £403,990||No usual response to external stimuli or loss of language as well as a need for nursing care.|
|Brain damage - moderate||£43,060 to £219,070||Serious disablement and requires constant care|
|Brain damage - less severe||£15,320 to £43,060||Normal social and work life but ongoing problems|
|Less serious brain or head injury||£2,210 to £12,770||Minimal brain damage|
|Injuries to the chest (a)||£100,670 to £150,110||In this bracket, the claimant has suffered an injury that resulted in the total removal of one lung along with serious heart damage causing prolonged pain and suffering along with significant scarring.|
|Injuries to the chest (b)||£65,740 to £100,670||In this bracket, there has been a traumatic chest injury or permanent damage to the lungs or heart. This causes functioning impairments and physical disability.|
|Injuries to the chest (c)||£31,310 to £54,830||The claimant has continuing disability from lung and heart damage.|
|Injuries to the chest (e)||£5,320 to £12,590||The claimant inhaled toxic fumes or smoke causing non-serious residual damage.|
Special Damages When Making A Carbon Monoxide Poisoning Claim
To recover expenses incurred due to your carbon monoxide poisoning injuries, you could claim special damages. However, you might be expected to prove your injury-related spending with receipts, invoices and payslips.
Costs that some claimants may be able to recover include:
- Home help. You may need help with cleaning following carbon monoxide poisoning. It could also cover other help in the home, such as with child or elderly care.
- Adaptations to your home. Following carbon monoxide poisoning, some claimants may find breathing difficult. To help cope with the injury, some claimants may recover costs related to stairlifts or air filter installation.
- Loss of earnings. This can include present losses while you recover or future losses if you are going to be out of work for a while. Some claimants can also recover lost pension contributions.
- Medical expenses. These may include prescriptions, oxygen tanks, and even cosmetic surgery to relieve scars.
Call our advisors to discuss landlord compensation claims. They can talk about what expenses you have related to your injury as well as value your claim for free.
If you are eligible to make a carbon monoxide poisoning claim, you may want to get a solicitor to help you. They could help to gather evidence to support your case, and they could negotiate a compensation settlement on your behalf.
One of our solicitors who has experience with carbon monoxide poisoning claims could offer to take on your claim under a Conditional Fee Agreement, which is a type of No Win No Fee agreement. When you work with a solicitor under this particular arrangement, you would not typically have to pay for the solicitor’s work upfront or while your claim is ongoing. Furthermore, if your claim fails, you will not have to pay your solicitor for their services.
If your claim is successful, your solicitor will take a success fee from your compensation payout. This success fee is a legally limited percentage.
If you would like to check if one of our solicitors could take on your claim, you can contact our advisors. They can also offer you free advice and help answer any questions you may have.
You may wonder ‘my landlord has not been fixing things, can I claim compensation?’. As mentioned, landlords have a duty to ensure the property you are living in is safe and well maintained. If you have evidence that they have failed to do so, you can get in touch with our team to assess whether you could be eligible to sue your landlord.
There are several ways in which you could contact our advisors. They could then talk you through your options once they’ve assessed the facts and circumstances of your case. Not only will they be able to tell you whether you could take legal action against a landlord in the UK, they could also connect you with a No Win No Fee solicitor if applicable.
Our team is available 24/7 to offer free legal advice. You can get in touch using any of the following details:
Below, you can find more useful information on carbon monoxide claims:
- Smoke and Carbon Monoxide Detector Requirements for Landlords
- HSE Guide to Carbon Monoxide
- ROSPA – Carbon Monoxide Information
- ONS Statistics
- How do I claim after an accident at work?
- Claiming against the council- how much compensation could I be owed?
- Making a claim for wrongful death following a fatal accident
- Find out how many personal injury claims go to court with our helpful guide. Learn more about the compensation claims process.
- Learn how to make an accident claim against your workplace with this informative article.
- Advice on claiming for compensation as an agency worker. Learn about the claims process and how to claim compensation.
- Get help with claiming for compensation after suffering from injuries caused by defective farm equipment with our help guide on personal injury claims.
Thank you for reading our guide to carbon monoxide poisoning compensation. If you have any further questions about making a carbon monoxide poisoning claim, please don’t hesitate to get in touch with us.