The COSHH regime
Regulation 6 of the Control of Substances Hazardous to Health Regulations 2002 requires a suitable and sufficient assessment of every substance hazardous to health used at work. Regulation 7 requires prevention or, where not reasonably practicable, control through elimination, substitution, engineering controls (LEV), system of work, and only finally PPE. Regulations 9 (maintenance of controls), 10 (monitoring), 11 (health surveillance), and 12 (information and training) all impose specific obligations.
Common chemicals and conditions
Isocyanates causing occupational asthma (see occupational asthma claims); flour dust causing baker's asthma; latex and chromate causing contact dermatitis; cement causing chemical burns and dermatitis; solvents causing neurotoxicity; silica causing silicosis and lung cancer; and historic asbestos exposure causing mesothelioma (see mesothelioma claim).
Workplace Exposure Limits
HSE document EH40 sets Workplace Exposure Limits (WELs) for hundreds of substances. Exceedance does not automatically establish liability but is strong evidence of a breach; equally, working below the WEL does not automatically defeat a claim if the employer failed to apply the hierarchy of control.
Health surveillance and the date of knowledge
Under regulation 11 COSHH, employers must provide health surveillance for workers exposed to certain substances — lung function tests for those exposed to respiratory sensitisers, skin checks for dermatitis risks. Where an employer failed to deliver health surveillance, the worker's 'date of knowledge' under section 14 of the Limitation Act 1980 may be much later than first exposure, extending the time available to claim.
Industrial Injuries Disablement Benefit
Many chemical exposure conditions are prescribed diseases under the Industrial Injuries Disablement Benefit scheme — occupational asthma (D7), pneumoconiosis (D1), chronic obstructive pulmonary disease (D12) and others. IIDB runs in parallel with the civil claim and does not reduce it.
Can I claim if the symptoms only appeared years after exposure?
Yes. The three-year clock runs from your date of knowledge, not the date of exposure, under sections 11 and 14 of the Limitation Act 1980.
What if I worked for several employers during the exposure?
Each negligently exposing employer can be a defendant. Apportionment is usually handled between insurers under the Compensation Act 2006 (for mesothelioma) or by reference to dose contribution (for other conditions).
Does smoking weaken a respiratory exposure claim?
It complicates causation but rarely defeats the claim. Expert respiratory evidence will apportion symptoms between work exposure and smoking — the work contribution remains recoverable.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.