This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide on workplace injury claims involving hazardous substances in England and Wales. Explains employer duties under COSHH and health and safety law, how claims work, evidence needed, time limits for claims, and what compensation may be awarded.
Exposure to hazardous substances at work can lead to serious injuries, long‑term illness, disability, and in some cases life‑threatening conditions. Tragically, many such injuries are preventable with proper health and safety management. In England and Wales, workers have legal protections, and where an employer fails in its duties and this causes harm, injured persons may be able to make a workplace injury claim for compensation. This article explains the legal framework, how liability arises, the claims process, time limits, what evidence is needed, and practical steps for anyone affected.
Introduction
Hazardous substances in workplaces span a wide range of materials and environments - from chemical manufacturing sites to construction, laboratories, cleaning services or even offices where dust, fumes or biological agents may pose risks. The law recognises employers must control exposure to hazardous substances and protect health. When this protection fails and causes injury or illness, employees may have rights to claim compensation for injury, loss of earnings, medical expenses and related impacts. This article aims to guide readers step‑by‑step through that process and clarify when claims are possible, what legal duties apply, and what injured people should consider.
What Counts as a Hazardous Substance?
Under UK health and safety law, a hazardous substance is any material that could cause harm to health. These can include:
- Chemicals and cleaning agents.
- Dusts, fumes and vapours that can be inhaled.
- Biological agents such as bacteria or viruses.
- Gases and mists with toxic or irritant properties.
This broad definition captures many everyday workplace exposures. Some specific hazardous substances like lead and asbestos have their own specific control regimes, but the foundational principles of exposure control and employer duty remain consistent.
Employers' Legal Duties: COSHH and Health and Safety Law
Control of Substances Hazardous to Health (COSHH)
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) require employers to prevent or, where prevention is not reasonably practicable, adequately control exposure to hazardous substances in the workplace. This includes assessing risks, putting in place appropriate engineering controls, safe systems of work, and ensuring protective measures such as ventilation or PPE where required.
A full COSHH risk assessment must:
- Identify the hazardous substances present.
- Assess the health risks they pose.
- Decide on preventive and control measures.
- Implement and maintain those measures.
Health and Safety at Work etc. Act 1974
The Health and Safety at Work etc. Act 1974 imposes a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees. This includes training, supervision, safe systems of work and ensuring exposure to hazardous substances is controlled.
When Can You Claim Compensation?
Employer Breach Causing Injury or Illness
You may be able to make a workplace injury claim if:
- Your employer owed you a duty of care under health and safety law.
- The employer breached that duty by failing to properly assess or control exposure to hazardous substances.
- You suffered injury or illness as a direct result of that breach.
Common examples include:
- Respiratory conditions from inhaling fumes due to poor extraction systems.
- Dermatitis or skin damage from direct contact with chemicals without adequate control measures.
- Severe burns from splashes of corrosive liquids because of inadequate PPE or training.
If these conditions arise because the employer did not take reasonable and practicable steps to protect workers, a claim for compensation may be viable.
Employers' Liability Insurance
Most employers in England and Wales are required to hold employers' liability insurance, which is designed to cover compensation claims brought by employees who are injured or become ill as a result of the employer's negligence. This means that where an employer is found liable, compensation is typically paid under that insurance.
Proof and Evidence in Hazardous Substance Injury Claims
To succeed in a claim, key elements must be established:
- Duty of care was owed by the employer.
- The employer breached that duty by failing to prevent or control exposure.
- The breach caused your injury or illness.
- You have documentary or medical evidence supporting the link.
Useful evidence can include:
- Medical records and GP notes linking your condition to workplace exposure.
- COSHH risk assessments and safety documents showing inadequate controls.
- Accident or incident reports that record exposure events.
- Witness statements from colleagues or supervisors.
Medical diagnosis is especially important in cases of long‑term exposure or occupational disease. The date of knowledge - when you first knew, or ought reasonably to have known, your condition was work‑related - often determines the relevant timelines for claims.
Time Limits and When to Start a Claim
In almost all personal injury and industrial disease claims in England and Wales, you must start your claim within three years of the date of injury or, in cases of diseases that develop over time, within three years from the date you first became aware of its connection to your work.
If the injured person was under 18 or lacked mental capacity, an adult can usually act on their behalf as a claimant's litigation friend.
Compensation: What Can You Recover?
If a claim succeeds, compensation may include:
- General damages for pain, suffering and loss of amenity.
- Special damages for financial losses such as lost earnings, medical treatment costs, travel to appointments, and future care needs.
The amount awarded will depend on the severity of your injuries, any long‑term effects on your health and ability to work, and the extent of financial losses incurred.
Practical Steps After Exposure or Injury
- Seek Prompt Medical Assessment
Seek medical assessment and keep all records and reports. Early diagnosis is crucial, especially for long‑term conditions. - Report the Incident
Report exposure or incident through your employer's health and safety reporting procedures. This helps create an official record. - Preserve Evidence
Keep copies of risk assessments, training records, COSHH documentation and any PPE or equipment involved. - Seek Early Legal Advice
Specialist personal injury solicitors experienced in industrial disease and hazardous substance claims can advise on prospects of success and evidence requirements. - Check Time Limits
Be aware of the three‑year time limit for bringing a claim. Starting early helps secure evidence and build a stronger case.
Key Takeaways
Workplace injury claims involving hazardous substances are grounded in employers' legal duties to identify, assess and control risks under COSHH and general health and safety law. If an employer fails to properly manage hazardous substances and this leads to injury or illness, you may be entitled to claim compensation for pain, suffering, loss of earnings and other losses. Successful claims depend on demonstrating duty, breach and causation, backed by medical and documentary evidence. Most claims must be started within three years from the date of injury or when you first knew the injury was work‑related. Seeking prompt medical assessment and early legal advice improves the chance of a successful claim.
