By Danielle Jordan. Last Updated 20th December 2024. Carbon monoxide poisoning can occur in a broad array of different circumstances. Essentially, any appliance that does not burn its fuel properly, either through a fault or improper installation can produce carbon monoxide. Our guide examines the eligibility criteria for carbon monoxide poisoning claims at work, in the home or in public. We also examine claiming carbon monoxide poisoning compensation on behalf of a child or a deceased individual, explaining the relevant laws in each of these situations.
A key question you are no doubt asking is how compensation is calculated in a case of carbon monoxide poisoning. We’ll examine the two heads of loss compensation can be paid out under, with example figures to aid your understanding.
Towards the end of our guide, you’ll see information on the No Win No Fee contract offered by our expert solicitors, and how you can benefit when making a claim under these terms.
To learn more about how you could make a claim for carbon monoxide poisoning, talk to our advisors today using the contact information provided here:
- Call us today on 0800 073 8804
- Fill in one of our contact forms so we can call you
- Use our live chat tab on your screen.
You can also watch our video which explains our No Win No Fee claims service in detail:
Select A Section
- What Is Carbon Monoxide Poisoning?
- Who Can Make Carbon Monoxide Poisoning Claims?
- Claiming For A Fatal Carbon Monoxide Poisoning
- How Much Carbon Monoxide Poisoning Compensation Can I Claim?
- No Win No Fee Carbon Monoxide Poisoning Claims
- Learn More About Claiming Carbon Monoxide Poisoning Compensation
What Is Carbon Monoxide Poisoning?
Carbon monoxide poisoning occurs when you breathe in the poisonous gas, which has no taste or smell, which is why it is often referred to as the silent killer. If you are exposed to high levels of carbon monoxide, it can be fatal.
Once carbon monoxide has been breathed in, it enters your bloodstream, and it mixes with haemoglobin. This is the part of your red blood cells that are responsible for carting oxygen around the body. When the carbon monoxide mixes with haemoglobin, carboxyhaemoglobin is formed. The formation of carboxyhaemoglobin means that the blood can no longer carry oxygen. The body’s tissue and cells will start to fail and die due to the lack of oxygen.
Direct any questions about carbon monoxide poisoning compensation claims to a member of our team.
Symptoms Associated With Carbon Monoxide Poisoning
If you believe that you have suffered any form of carbon monoxide poisoning, it is important that you seek medical attention right away. People making carbon monoxide poisoning claims can experience different symptoms, but you may recognise some or all of the below:
- Headaches.
- Dizziness.
- Nausea or sickness.
- Weakness and confusion.
- Shortness of breath.
- Chest pains.
According to the UK Health Security Agency, more severe results of carbon monoxide poisoning include a loss of consciousness, respiratory failure, heart attacks or even death.
You may be able to claim for physical and psychological pain caused by carbon monoxide poisoning if somebody else’s negligence was to blame. Call today to discuss your experience and learn if you could make a poisoning by carbon monoxide claim with the aid of an expert solicitor.
Watch Our Video On Carbon Monoxide Compensation Claims
Below you can watch our video guide on carbon monoxide compensation claims:
Who Can Make Carbon Monoxide Poisoning Claims?
You may be able to begin a claim if you can prove that you meet the carbon monoxide poisoning claims eligibility criteria, which are as follows:
- A third party owed you a duty of care.
- They breached their duty of care.
- You suffered from carbon monoxide poisoning as a direct result of this breach.
This criteria makes up the definition of negligence.
There are multiple third parties who will owe you a duty of care, depending on where you are:
- In a public place. The Occupiers’ Liability Act 1957 states that those who control public places (the occupiers) owe a duty of care to all lawful public visitors of their space. This means that they must take steps to ensure that their premises are reasonably safe.
For example, you may be able to make a claim if the occupier of a poorly ventilated restaurant, which had an oil heater running continuously, hadn’t tested their carbon monoxide alarm, and this led you to suffering heart problems from carbon monoxide poisoning after attending the restaurant.
- In the workplace. The Health and Safety at Work etc. Act 1974 states that employers owe a duty of care to all their employees. This means that they must take reasonable steps to ensure that their workplace is safe. As part of these reasonable steps, employers must follow the Control of Substances Hazardous to Health Regulations 2002.
For example, you may be able to make a claim if your employer failed to implement carbon monoxide detectors in the workplace, and you suffered respiratory issues due to overexposure towards carbon monoxide.
- At home. Under the Smoke and Carbon Monoxide Alarm Regulations 2015 and the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, landlords owe a duty of care to their tenants. This means that they must install a carbon monoxide alarm in every room being used as a living accommodation and in which fuel is burned for heat to ensure gas safety.
For example, you may be able to make a claim if your landlord didn’t install any carbon monoxide alarms on your floor in the residential building you live in, and this led to you going into anaphylactic shock due to carbon monoxide poisoning.
Please contact us and discuss your specific circumstances to find out whether you’re eligible for carbon monoxide poisoning compensation.
How Long Do I Have To Make A Carbon Monoxide Poisoning Claim?
As we stated above, there are certain exceptions to the 3-year time limit when claiming for carbon monoxide poisoning compensation. These include:
- From the date of knowledge. You will have three years to start a claim from the date you first reasonably realised that the harm you suffered was caused by a third party breaching their duty of care.
- Those who lack the mental capacity to make a claim for themselves, the limitation period is indefinitely suspended. During this time, a court-appointed litigation friend could start a claim on their behalf. If they regain this mental capacity, they will have three years from the date of recovery to start a claim if one has not already been made.
- Those under the age of 18, the time limit is paused until their 18th birthday. Prior to this, a litigation friend could claim on their behalf. Once they turn 18, they will have three years to start a claim if one has not already been made.
Call our advisors to discuss the limitation period when claiming compensation for carbon monoxide poisoning. Additionally, they could provide you with free advice for your potential claim.
Claiming For A Fatal Carbon Monoxide Poisoning
If you lost a loved one due to a carbon monoxide gas leak, you might be able to claim compensation on their behalf. However, only certain relatives are eligible, and you must be able to prove that negligence caused your loved one’s death.
If you are claiming on behalf of the deceased, you must submit evidence. This must prove that they were owed a duty of care and when this was breached, they suffered fatal injuries.
Examples of evidence that could be useful in proving fatalities include:
- The deceased’s medical records. These will show what treatment they received prior to their passing.
- Maintenance records. There might be appliance maintenance records or records of gas safety checks depending on where the deceased was exposed to carbon monoxide. For example, if the exposure occurred due to a faulty boiler, there should be proof that the landlord carried out gas checks. If these identified the problem and yet action was not taken in a timely manner, you might be eligible to claim on your loved one’s behalf.
- Air sample readings. For example, if the deceased worked in an enclosed environment, there could be a digital record of chemicals found in the air, such as from a digital air filter.
If you have any questions about claiming carbon monoxide poisoning compensation, call our advisors for free advice. They can discuss who is eligible to claim on behalf of the deceased as well as talk about what evidence can be submitted. In addition, they can assess the eligibility of the claim. If it seems like it could succeed, you could be put in touch with one of our No Win No Fee solicitors.
How Much Carbon Monoxide Poisoning Compensation Can I Claim?
We can’t give you a set average payout for carbon monoxide poisoning, as all claims are unique in circumstance. However, we can tell you how successful claims are calculated.
In successful carbon monoxide poisoning claims, your compensation will potentially be divided into two heads of claim – special and general damages.
General damages compensate you for how you’ve been physically and emotionally affected by negligence. This head of claim is awarded to all successful claimants and covers factors such as:
- Loss of amenity.
- Pain severity.
- The estimated length of recovery.
At some point during the claims process, you could be asked to have an independent medical assessment. Legal professionals can use reports from this assessment, and the Judicial College Guidelines (JCG), to help them calculate your general damages.
The JCG publishes guideline compensation brackets for a variety of physical and psychological injuries/illnesses.
Guideline Compensation Figures
We have taken some harm from the JCG that could result from carbon monoxide poisoning, and have included them in the table below. We have also included their accompanying guideline compensation figures.
Please note that the top figure has not been taken from the JCG, and that none of these figures can be guaranteed, because all carbon monoxide claims are different.
| Harm | Level | Typical compensation amount |
|---|---|---|
| Multiple Forms Of Very Severe Harm Plus Financial Loss | Very Severe | Up to £500,000+ |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Moderate (c)(ii) | £110,720 to £183,190 | |
| Less Severe (d) | £18,700 to £52,550 | |
| Chest Injuries | Total Removal Of One Lung and/or Serious Heart Damage (a) | £122,850 to £183,190 |
| Chest and Lung Damage (c) | £38,210 to £66,920 | |
| Toxic Fume/Smoke Inhalation (e) | £6,500 to £15,370 | |
| Lung Disease | Serious Disability With Progressive Worsening (a) | £122,850 to £165,860 |
| Significant and Worsening Lung Function (c) | £66,890 to £85,460 | |
| Breathing Difficulties Requiring Frequent Inhaler Use (d) | £38,210 to £66,920 |
What Else Can Carbon Monoxide Compensation Payouts Include?
Special damages compensate you for how you’ve been financially affected by negligence. This head of claim is only awarded to some successful claimants and can reimburse losses such as:
- Loss of earnings if you need time off work to recover from your harm.
- Healthcare costs, such as paying for prescriptions.
- Travel expenses from attending medical appointments.
Since special damages are not always awarded, you must provide evidence of your financial losses, such as payslips, invoices, receipts, and bank statements.
Please contact us to learn more about how carbon monoxide poisoning compensation is calculated.
No Win No Fee Carbon Monoxide Poisoning Claims
The best option for anyone that wants to pursue a carbon monoxide claim is to go down the No Win No Fee route. This is a type of arrangement we offer. It ensures that finding money to pay for legal expenses is not something you need to worry about.
Under this type of agreement, if for some reason we are not able to secure compensation for you, you won’t need to pay a thing. If we do secure compensation for you, our fee will be deducted from the payout. This means that you don’t need to fret about our legal fees, as everything is taken care of for you.
This type of agreement is often referred to as a Conditional Fee Agreement (CFA). It eliminates the monetary risk that is typically associated with making a personal injury claim. This type of legal agreement was set up to help those that did not have the money to pursue a carbon monoxide case or gain access to the expert legal assistance they required.
Legal costs are controlled tightly, and at the time of writing, success fees are capped at a small percentage of the total amount of compensation that is awarded.
Learn More About Claiming Carbon Monoxide Poisoning Compensation
Here are some helpful links that relate to your claims:
NHS Carbon monoxide symptoms, treatment and complications.
This Carbon Monoxide NHS link explains carbon monoxide and poisonous gas that has no smell or taste and very dangerous.
Smoke and carbon monoxide alarm guide for landlords.
This government web page provides information on smoke and Carbon Monoxide Alarm (England) Regulations explanatory booklet for landlords.
Frequently asked questions about carbon monoxide.
This HSE government link has information on gas safety and carbon monoxide awareness frequently asked questions.
This is our updated guide on Chemical Burn Injury Claims.
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Thank you for reading our carbon monoxide poisoning compensation claims guide.
