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Case study · Illness at work
£15,000 Compensation After a Faulty Extractor Pumped Ozone Into a Warehouse
After equipment was moved around our client's warehouse, an extractor was fitted incorrectly and pumped ozone into the building instead of removing it. Workers reported pain and sleeping problems, but their manager dismissed their concerns and no protective equipment was provided. Our client was left with COPD, nodules on the lungs and other health problems. NJS Law, the firm behind Injuries Direct, brought the claim against the employer's insurer and secured £15,000 in compensation.
How an employer was held responsible for exposing staff to ozone, and what it means if you've been made ill by unsafe conditions at work.
- Claim type
- Illness caused at work
- Job
- Warehouse worker
- Cause
- Extractor fitted incorrectly, pumping ozone into the building
- Health problems
- COPD, lung nodules, weight loss, blurred vision and breathing problems
- Claim made against
- The employer's insurer
What happened
Our client worked in a warehouse where equipment was moved around. No assessments were carried out during or after the move to check the work had been done correctly and safely.
Soon afterwards, workers began reporting pain in their eyes, chest and head, along with problems sleeping. They raised this with their manager, who dismissed their concerns. No protective equipment was provided during this time.
It was later discovered that the extractor had not been fitted correctly. Instead of removing ozone from the building, it was pumping it in.
The health problems
The exposure left our client with lasting damage to their health.
- Chronic obstructive pulmonary disease (COPD)
- Nodules on the lungs
- Dramatic weight loss
- Blurred vision
- Breathing problems
How we helped
Solicitors at NJS Law brought the claim against the employer's insurer. Employers have a duty to assess the risks when workplace equipment is changed, to protect staff from harmful substances in the air, and to act when staff report symptoms.
- The claimBrought against the employer's insurer, as the employer had failed to check the equipment was fitted safely.
- Medical evidenceWe arranged independent medical evidence covering our client's lung conditions, vision and wider health.
- NegotiationWe negotiated with the insurer until the claim was resolved.
- The outcomeCompensation of £15,000.
Key facts in this case
- No assessments were carried out during or after the equipment was moved
- Workers reported pain in their eyes, chest and head, and problems sleeping
- Their manager dismissed their concerns
- No protective equipment was provided
- The extractor had been fitted incorrectly and was pumping ozone in
Every claim is different, and the outcome of your claim will depend on your circumstances.
What this case shows about illness caused by work
If you've been made ill by unsafe conditions at work, these are the points that matter most.
Changes must be risk assessed
Employers must assess the risks when workplace equipment is changed or moved, under the Management of Health and Safety at Work Regulations 1999.
The air must be kept safe
Employers must protect staff from harmful substances in the air, under the Control of Substances Hazardous to Health Regulations 2002.
Symptoms must be acted on
Employers must act when staff report symptoms. If you raise a concern, it helps to have a record, such as an email or message.
Your employer's insurer pays
Employers must have employers' liability insurance by law, so compensation is paid by their insurer rather than out of your employer's own pocket.
Made ill by your work? Find out if you can claim
Whether your injury is serious or minor, our team will talk it through with you for free and tell you honestly whether you have a claim. Eligible claims are handled on a no win, no fee basis.
- Free, no-obligation first conversation
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Illness at work claims: FAQs
Can I claim for an illness caused by my work?
You may be able to. If your employer exposed you to harmful substances or unsafe conditions and you became ill as a result, you may be entitled to compensation.
What if I reported symptoms and nothing was done?
That can help your claim, because it shows your employer knew there was a problem. If you can, keep a record of what you reported and when, such as an email or message.
What if colleagues were affected too?
Each person who was affected may be able to make their own claim. Talk to us and we'll explain how it works.
What if my illness developed slowly?
You usually have three years from the date you first knew your illness could be linked to your work. This is called the date of knowledge. See our guide to how long you have to claim.
How much compensation could I receive?
It depends on how serious your illness is, how long it affects you and what it's cost you, such as lost earnings and treatment. In this case, our client received £15,000. See our accident at work claims page for typical compensation ranges.
Will claiming against my employer affect my job?
Employers must have employers' liability insurance, so compensation is paid by their insurer. Most employers understand that a claim is a normal part of how illness and injuries at work are dealt with. If you're worried about how your employer will react, talk to us and we'll explain your options.
Made ill by unsafe conditions at work?
Talk to our accident at work team for free, with no obligation to claim. Eligible claims are handled on a no win, no fee basis.