News & Legal Updates
Sign up to news & legal updates
Whether you work in agriculture, on a construction site or in a factory, there are a variety of different jobs across Scotland that require the use of chemicals on a regular basis. If you are one such employee, it is important your employer takes appropriate measures to protect your welfare, as the chemicals you come into contact with could well put health at risk.
However, what happens if your employer fails to do so and you suffer a physical or even psychological injury as a result? Could be entitled to claim for the damages caused by a chemical disease or injury? And if so, how do you get the claims process started?
Preventing chemical diseases at work
Employers have a duty to protect the health and safety of their staff while at work. This means that your employer is legally obliged to take reasonable steps to ensure your well-being, as well as that of your fellow colleagues. You should therefore:-
· Be informed of any chemicals you will either handle or be exposed to during the course of your work duties;
· Be advised upon a safe system of work to prevent chemical injury or disease;
· Be provided with training and information so that you understand how to achieve this safe system of work;
· Be provided with personal protective equipment, if necessary;
· Be briefed upon the findings of risk assessments, which should be carried out at regular intervals;
· Be given supervision and guidance, if required;
· Work with other competent colleagues.
Chemical disease and chemical injury claims
Nevertheless, there are sadly times when an employer neglects his or her legal duty, thereby exposing their workforce to the risk of chemical disease and injury. There are a variety of different illnesses caused by chemicals, the exact nature of which will be determined by the type of substance in question, as well as the length of exposure. Some employees may suffer a chemical burn immediately upon coming into contact with a chemical, whereas others may develops allergies or illness as a result of long-term exposure.
Either way, chemical diseases and injuries often represent serious and debilitating conditions that can cause a significant amount of pain and distress to the individual concerned. That is why if you have suffered from a chemical disease or injury at work, you need to consider who (if anyone) was to blame. Was your physical health compromised as a consequence of your own actions? Or is someone else at fault, as is usually the case? For example, perhaps your employer did not provide a safe system of work, or perhaps another member of staff acted incompetently.
If another party is to blame for your chemical disease or injury, you will be entitled to pursue a compensation claim. Although this will not cancel out the harm you and your loved ones have endured, it will at least provide you with some form of redress, and will also recover any finances you have lost because of health issues.
Work accident claims Scotland
If you would like to discuss making a work accident claim in Scotland, call us on 01382 229 222 (Dundee) or 0131 222 8000 (Edinburgh) and speak to one of our specialist solicitors. Or fill in the online enquiry to the right.
The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.
Blackadders takes all reasonable steps to ensure that the content of this site is accurate and up to date. The site is not, however, intended as a substitute for seeking legal or other professional advice but rather as an informative guide to the services provided by Blackadders and topical legal developments. Site visitors should always seek advice tailored to their specific situation. Consequently, Blackadders accepts no responsibility for any loss or damage suffered by anyone acting or failing to act on the basis of information contained on this site. Downloading of material contained on this site is at the user’s own risk and all necessary virus checks must first be carried out by the user. Blackadders is not responsible for the material found on any web sites linked to this one and links to this site may only be made with Blackadders prior consent.
Blackadders owns the copyright in this blog and all material contained on it. The material on this site may be downloaded for personal use only and must not be altered. Otherwise, Blackadders’ written consent is required before any material on this site is reproduced, copied or transmitted in any way.
Information passed to us via this site is kept confidential and will not be disclosed to third parties except if authorised by you or required by law.
© Blackadders LLP 2011
Members of the Law Society of Scotland. Authorised to conduct Investment Business under the Financial Services & Markets Act 2000 by the Financial Services Authority.
Blackadders Solicitors is a trading name of Blackadders LLP, a limited liability partnership, registered in Scotland No SO301600 whose registered office is 30 & 34 Reform Street, Dundee, DD1 1RJ. Reference to a ‘partner’ is to a member of Blackadders LLP.Back to News & Legal updates