Carbon monoxide poisoning claims guide – How much compensation would I receive? How To Claim?

By Joanne Jeffries. Last Updated 15th July 2021. Welcome to our guide on carbon monoxide poisoning compensation, where we’ll look at the process of making carbon monoxide poisoning claims. 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.

carbon monoxide poisoning compensation

Carbon monoxide poisoning compensation

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.

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A complete guide for carbon monoxide poisoning claims

Have you been poisoned by someone’s negligence in preventing you from suffering a carbon monoxide poisoning illness? If so, you could make a carbon monoxide poisoning compensation claim. You could claim for your suffering as well as any costs incurred as a result of carbon monoxide poisoning.

If you or somebody close to you has suffered from carbon monoxide poisoning, then you may wish to seek compensation in order to claim damages for the pain and suffering experienced and for any additional costs that have been incurred as a result of the poisoning. Following a carbon monoxide poisoning, you are likely to be experiencing trauma. You might have been left suffering from a long-term illness or may have experienced the passing away of a relative or friend and wish to claim on their behalf for a wrongful death. You may have a lot of questions about how and why a carbon monoxide poisoning occurred such as ‘do you have to have a carbon monoxide detector?’ and may wish to hold somebody accountable for the psychological and physical injury that it has caused by making carbon monoxide claims.

In our guide we will talk about the responsibility of landlords, employers and holiday tour companies to keep people safe from carbon monoxide poisoning. For example, in 2019, 53 people died as a result of carbon monoxide exposure in their own home. In some of these cases, the fault lay with either a landlord, a boiler manufacturer or a heating engineer who failed to service the boiler properly. We will explain how individuals or companies may be held responsible if they have not fulfilled their legal obligations, such as carbon monoxide detector building regulations. We will help you to understand how to recognise the signs and symptoms of carbon monoxide poisoning and what the long-term impact can be.

If, after reading this guide, you have any further questions around making carbon monoxide poisoning claims, please give Accident Claims a call; we’ll be happy to help you make a claim.

What constitutes carbon monoxide poisoning?

Carbon monoxide poisoning is a very dangerous condition. It can make sufferers extremely unwell and even lead to death. Unfortunately, carbon monoxide has no smell and no taste, and so people exposed to carbon monoxide are often not aware of the danger they are in. Carbon monoxide poisoning is almost always accidental. Where there is carbon monoxide in the air, it could be breathed in and then enters the body via the lungs and is released into the bloodstream. The blood carries this carbon monoxide around your body, causing extreme illness.

To learn more about claiming for carbon monoxide poisoning, please continue reading or get in touch with our personal injury claims team.

Symptoms of carbon monoxide poisoning

Another frightening feature of carbon monoxide poisoning is that the sufferer often does not know that they are being poisoned until the symptoms become very severe. Low-level exposure can go on for some time, but during this exposure, the person is becoming more ill. The most common symptom in carbon monoxide poisoning claims is a tension headache. Sufferers may also experience nausea and vomiting, confusion, lethargy, dizziness, pains in the stomach and trouble breathing. Those who have been poisoned by carbon monoxide may confuse their illness with food poisoning or flu, but the key thing to look out for is that poisoning by carbon monoxide will not cause a fever. The longer a sufferer is exposed to carbon monoxide, the worse the symptoms will become. If your symptoms seem to improve whilst you are away from the carbon monoxide source and then become worse again when you come into contact with it this is a strong clue of what may be causing the problem. If there is a small amount of carbon monoxide, then your symptoms may worsen gradually, and you may begin to lose your memory and your vision and may eventually become unconscious. If you are exposed quickly to a high level of carbon monoxide, then you may become unconscious within just a few hours. During this high exposure, you may feel very dizzy, lose coordination, experience a fast heart rate and struggle to get your breath. You might have chest pain, seizures and at this point may even lose your life.

The good news is that if you have only been exposed to low levels of carbon monoxide for a short time, then you won’t usually have to go to the hospital, but you should see a doctor. You should also check your home, work and perhaps even holiday accommodation the signs of a leak. If you have been unlucky enough to be exposed to a high level of the gas, then you will need to be given oxygen in hospital. Your recovery will depend on how much carbon monoxide you have breathed in and how long you have been exposed to it for. Up to 15% of sufferers who have experienced high levels of carbon monoxide inhalation are likely to experience long-term health complications as a result. Brain damage can be a symptom of long term exposure, including ongoing memory loss and problems with concentration. They may also experience vision and hearing problems. Much rarer, but still a risk, is the future development of parkinsonism. Prolonged exposure to high levels of carbon monoxide can also cause heart disease. If pregnant women are exposed to carbon monoxide for a long time, then the unborn baby is at risk of harm. Symptoms signs that a baby has been harmed by carbon monoxide poisoning can be low birth weight, stillbirth and future behavioural problems.

Carbon monoxide poisoning statistics

Around 200 people a year require hospitalization as a result of poisoning by carbon monoxide, and data suggests that 4,000 people a year are treated for carbon monoxide poisoning without being admitted to the hospital.

As the graph below shows using data from the Office of National Statistics, more men than women die from carbon monoxide poisoning each year.  The number of deaths where carbon monoxide poisoning is a contributing factor was lower in 2017 than it was in 2011, however, there was a rise in cases in the years inbetwen.

carbon monoxide poisoning compensation statistics graph

Carbon monoxide poisoning statistics graph

Even though these numbers are in decline, carbon monoxide poisoning still poses a risk. If you’ve been affected, read on to find out how we can help you claim carbon monoxide poisoning compensation.

Types of carbon monoxide poisoning claims we can help with

If you are wondering ‘can you sue for carbon monoxide poisoning?’ Then here is a guide to some of the most common types of claims for carbon monoxide poisoning that we can deal with. However, we are also happy to help clients bring compensation claims if they have been involved in other situations that are classed as carbon monoxide poisoning.

I suffered carbon monoxide poisoning in my home – do I have a claim?

If you suffered from carbon monoxide poisoning in your own home, you may 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 rent a home, then it is the responsibility of the housing association, council or private landlord to ensure that your property is safe and you aren’t injured by housing disrepair. If you suffer carbon monoxide poisoning as a result of the fact that your landlord did not fulfil their landlord smoke alarm requirements, then you might launch a carbon monoxide landlord claim against them.
  • Many carbon monoxide court cases are brought against companies or people that failed to service gas boilers properly. If a safety check of your appliances was not carried out properly and they never identified a faulty appliance, then you might want to launch a carbon monoxide poisoning claim against them.
  • Carbon monoxide poisoning claims can be pursued if an appliance was incorrectly installed. In this instance, you can sue for damages for carbon monoxide poisoning from the person or company that installed it.

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.

I was poisoned by carbon monoxide at work – could I claim

If you suffered carbon monoxide poisoning at work, you could claim against your employer. Under the Health and Safety at Work etc. Act 1974, employers are legally responsible for protecting the health, safety and welfare of all their employees.

The Control of Substances Hazardous to Health (COSHH) Regulations go even further to protect the health and well-being of employees. The COSHH regulations state that it is an employer’s responsibility to identify and assess risks. They should aim to prevent any risks present by eliminating them completely and, failing that, to control any risks that can’t be prevented. Exposure to carbon monoxide falls under the umbrella of risks which must be prevented or controlled. If employees are working with this potentially dangerous substance, then they must receive training about the risks and be taught how to identify the signs and symptoms of carbon monoxide poisoning.

If an employer fails to fulfil these obligations, then you might be eligible to sue your employer for carbon monoxide poisoning. If you have any further questions about making carbon monoxide poisoning claims against your employer, then just give us a call.

I suffered carbon monoxide poisoning on holiday – do I still have a claim?

Thanks to the Package Travel, Package Holidays and Package Tours Regulations 1992, if you suffer carbon monoxide poisoning on holiday, then you can claim directly against your package holiday provider or tour operator. This makes your carbon monoxide poisoning claim much more straightforward than trying to navigate a foreign legal system. The regulations make it a requirement that the package holiday provider safeguards your health and safety whilst you are staying in a hotel or travelling on the arrangements made by them.

You don’t need to find a solicitor who works in the country where you suffered carbon monoxide poisoning. Accident Claims can provide personal injury solicitors who cover your area and can help you every step of the way with claiming carbon monoxide poisoning compensation.

Carbon monoxide poisoning case study – Louis Corcyra Beach Hotel

The case study of Hotel Louis Corcyra Beach Bungalow from TUI involved the tragic story of siblings who died as a result of poisoning by carbon monoxide whilst on holiday in Corfu. They were staying in an apartment where the servicing of a boiler had been woefully inadequate. The children were on holiday with their family in a Hotel Louis Corcyrabeach bungalow. TUI were the tour operator. It was a four-star resort, but corners had been cut. A little boy of 6, Bobby and his sister, Christi, age 7, were found dead by a chambermaid. Their father and his girlfriend were unaware as they were both in a coma.

The family who had stayed in the bungalow prior to the Louis Corcyra Beach hotel death had been taken to hospital due to a sudden illness. No alarm bells had been sounded about the illness of these previous occupants. In the subsequent carbon monoxide court case an expert heating engineer stated that the hotel would have been closed down immediately if it was in the UK due to the fact that there was no flue venting to the outdoors.

The family had begun to experience symptoms two days after their arrival. Little Bobby had been dizzy, and Kristie had begun to vomit.

If you have experienced anything like the Corfu carbon monoxide deaths hotel case, then please contact us today, and we will talk to you about how you can claim carbon monoxide poisoning compensation. Alternatively, to find out more about making carbon monoxide poisoning claims against a landlord, please read on.

I suffered due to carbon monoxide poisoning in a rented property – is my landlord responsible?

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 and so if you are wondering can you sue for carbon monoxide poisoning then the answer is yes, and your landlord may also be prosecuted through the criminal court.

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.

Faulty boiler gave me carbon monoxide poisoning – can I claim?

If you have an old gas boiler and do not maintain it regularly, then you are at risk of carbon monoxide poisoning as 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 to make sure 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.

If however you do keep on top of regular servicing and you still experience carbon monoxide poisoning as the result of a leak, then this can indicate that the boiler is faulty. You may claim carbon monoxide poisoning compensation against the boiler’s manufacturer, 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.

Can you recover from severe carbon monoxide poisoning?

It’s very important if you think that you’ve been exposed to high levels of carbon monoxide that you seek medical attention. You should visit A&E, where a blood test will confirm how much carboxyhaemoglobin is in your blood.

Carboxyhaemoglobin is what’s produced when the carbon monoxide you’ve inhaled mixes with the part of your blood cells responsible for transporting oxygen around your body. If you smoke, you may have higher than normal levels of carboxyhaemoglobin in your blood, which can make the result hard to interpret.

If it’s confirmed that you do have high levels of carboxyhaemoglobin in your blood, then you’ll be given oxygen through a mask to help your body get rid of it. You’ll be given 100% oxygen, compared to the 21% that’s in normal air.

Hyperbaric oxygen therapy (HBOT) is also an option, but it’s much more rarely used. This is because its long-term effectiveness in treating severe carbon monoxide poisoning hasn’t been researched enough for it to be a standard treatment for the condition.

In HBOT, you’ll breathe pure oxygen like in standard oxygen therapy. However, unlike in standard oxygen therapy, you’ll breathe the oxygen in a small room or chamber where the pressure is up to three times higher than normal. This allows your lungs to absorb more oxygen than they would at normal pressure.

The use of HBOT is decided on a case-by-case basis, and it’s usually only considered if there’s been severe carbon monoxide poisoning and your doctor suspects that you’ve suffered from nerve damage.

If you’re interested in making a claim to recover carbon monoxide poisoning compensation, get in touch with our team today.

Carbon monoxide poisoning death – how do claims work?

If you have been unfortunate enough to lose a family member as a result of a carbon monoxide poisoning, then you may wish to seek compensation for general and special damages, which could include loss of income. General damages cover the pain and suffering you experienced as a result of a loved one’s fatal accident, and special damages cover the following:

  • Expenses. This covers any expenses you incurred as a result of the injury. This includes things like medical expenses, travel expenses, child care, counselling and loss of income.
  • Punitive damages. Form of punishment against the person or company responsible in the case of a fatality.
  • Bereavement compensation.Compensates remaining family or friends for the pain and suffering they experience as a result of the death.
  • Funeral expenses. To offset the cost of the funeral service of your loved ones.

No Win No Fee carbon monoxide poisoning claims.

If you have suffered from carbon monoxide poisoning and would like to make a carbon monoxide poisoning claim, then we can make it easy for you by offering representation on a no win no fee basis. No win no fee is also known as a conditional fee agreement. This means that we will help you to win your case without you having to pay any money upfront. If you are successful in your claim, then the fee will simply be collected from your settlement money. The fact that you are not required to pay any money upfront takes away some of the stress of claiming carbon monoxide poisoning compensation at what is sure to be a difficult time in your life.

If you’re wondering how much can be awarded in carbon monoxide poisoning claims, then our next section will help.

How much compensation for carbon monoxide poisoning? – Updated July 2021

Sadly carbon monoxide poisoning can kill or at least cause serious illness. If you have experienced carbon monoxide poisoning, then you may seek to bring a case to court to win a carbon monoxide poisoning verdict that enables you to receive damages. The compensation that you may be entitled to receive will depend on the circumstances of your case, but this table will give you some idea of what kind of carbon monoxide poisoning settlement you may be eligible for.

Reason that damages are payableCompensation amountNotes
Loss of life following a period of awareness before unconsciousness£9,870 to £10,010Injuries causing pain, unconsciousness after 3 hours followed by death within a fortnight
Loss of life with the victim being unconscious£3,530 to £4,120Death occurring within 6 weeks
Loss of life with the victim being unconscious£1,290 to £2,620Death occurring within one week
Loss of life following full awareness£11,770 to £22,350Short period of awareness and then in and out of consciousness between 4 and 5 weeks
Brain damage - severe£205,580 to £379,100No usual response to external stimuli or loss of language as well as a need for nursing care.
Brain damage - moderate£40,410 to £205,580Serious disablement and requires constant care
Brain damage - less severe£14,380 to £40,410
Normal social and work life but ongoing problems
Less serious brain or head injury£2,070 to £11,980Minimal brain damage
Injuries to the chest£94,470 to £140,870Total removal of one lung and/or serious heart damage with serious and prolonged pain and suffering and permanent significant scarring.
Injuries to the chest£61,710 to £94,470Traumatic injury to chest, lung(s), and/or heart causing permanent damage, impairment of function, physical disability, and reduction of life expectancy.
Injuries to the chest£11,820 to £16,860Damage to chest and lung(s) causing some continuing disability.
Injuries to the chest£5,000 to £11,820Toxic fume/smoke inhalation, leaving some residual damage, not serious enough to interfere permanently with lung function.

How does a carbon monoxide poisoning claim progress?

If you decide to make a carbon monoxide poisoning claim, then you are unlikely to want to become involved in the legal system and its complicated requirements. All of your energy should be focused on recovery. Therefore Accident Claims can help you throughout the process. Following a free, no-obligation chat to get up-to-date advice on making a carbon monoxide poisoning claim, our team will ask you some questions about the carbon monoxide poisoning to establish what caused it and what symptoms you experienced and then will handle the hard work for you, whilst always seeking a maximum possible payout on your behalf.

For information on why Accident Claims are the best choice with regards to carbon monoxide poisoning claims, read on. Or for free legal advice regarding the claims process, just give us a call.

Why choose Accident Claims for a carbon monoxide poisoning claim.

Our understanding team at Accident Claims have years of experience in dealing with helping people claim carbon monoxide poisoning compensation. They’re also authorised and regulated by the solicitors regulation authority.

Therefore they understand the trauma that you have suffered and will work hard to make the process as easy as possible for you. Our team are highly professional and will handle the process on your behalf from start to finish.

Get in touch to begin carbon monoxide poisoning claims.

Thank you for reading our guide on carbon monoxide compensation claims. Get in touch with us today to begin a carbon monoxide poisoning claim. Call us on 0800 073 8801 or contact us via our online form. We’re waiting to hear from you.

Useful links

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 

Carbon monoxide poisoning compensation FAQs

What happens if you don’t get treated for carbon monoxide poisoning?

Carbon monoxide poisoning can result in serious illness if left untreated. In severe cases, exposure to carbon monoxide can be fatal.

How much compensation will I receive?

The answer to this question will vary on a number of factors. As the general damages head of your claim will be based on the extent of your injuries, this will be taken into consideration when calculating your settlement award. The value of your special damages will also influence the value of your claim.

What will my compensation cover for carbon monoxide poisoning?

As well as the general damages payment for the pain your injuries have caused you, you’ll also receive special damages. This head of your claim will cover you for any out-of-pocket expenses that you’ve incurred, such as travel cost or loss of wages for time taken off work.

How long will a claim for carbon monoxide poisoning take to settle?

The amount of time it takes for your claim to settle will vary depending on a number of factors, including the complexity of the claim, the extent of your injuries and whether there is any dispute over liability.

Will it be expensive to claim for carbon monoxide poisoning?

If you choose to have a solicitor represent you in your claim, then you could notice that their legal fees begin to add up as they work at handling your claim. When you go through Accident Claims to make a No Win No Fee claim, you won’t pay a penny unless your claim is successful and your compensation is received.

How long do I have to claim for carbon monoxide poisoning at work?

The personal injury claims time limit for any claim, including claims where you’ve been poisoned by carbon monoxide, is three years from the date of the incident or from when you became aware that your symptoms were a result of carbon monoxide poisoning caused by someone else’s negligence.

Can I claim against my landlord for carbon monoxide poisoning?

Yes, if the CO poisoning that you’ve experienced was a result of their negligence. An example of this would be faulty or poorly-maintained appliances or a lack of working carbon monoxide detectors in the property.

How can I increase my chances of a successful claim for carbon monoxide poisoning compensation?

The best way to increase your chances of getting the compensation you deserve in any personal injury claim is to collect evidence. This can be evidence of the negligence that caused your injuries, for example in the form of photographs or witness statements, and evidence of your injuries themselves in the form of medical records.

How to prove my carbon monoxide poisoning?

You will need to obtain medical evidence to prove your claim. During the claims process, your law firm or solicitor would advise you to attend a medical appointment with an independent professional. They would review any relevant past medical records, and ask you questions, as well as examining you. In addition to this, they may require you to undergo further tests. Once they have a full picture of your condition, they will go ahead and write a medical report that details the nature and severity of your injuries or illness. The courts and lawyers could use this important report to get a better view of how much compensation could be appropriate for your claim.

What other evidence would I need?

Of course, you would have to also prove that the poisoning you suffered was because of someone else’s negligence. There are several pieces of evidence that could be useful to help you do this. They could include:

Witness statements – if you take down the details of any witnesses, they could be called on later to make a statement.

An injury diary – writing down how your injury has affected you, how many days of work you’ve missed out on and what it has kept you from doing could be useful.

Photographs – whether photos of a broken or faulty boiler, or an out of date gas certificate, these could all be useful in helping prove your claim.

Expenses – payslips, bank statements and bills could be useful if you are claiming special damages.

Thank you for reading our guide to carbon monoxide poisoning compensation. If you have any further questions about carbon monoxide poisoning claims, please don’t hesitate to get in touch with us.