In England and Wales, employers have a legal duty to protect the health and safety of their workers. Two key pieces of legislation underpin this responsibility: the Health and Safety at Work etc. Act 1974 (HSWA) and the Control of Substances Hazardous to Health Regulations (COSHH). These laws are designed to ensure that workplaces are safe, risks are properly managed, and employees are not exposed to harm.
Under HSWA 1974, employers must take all reasonably practicable steps to ensure the health, safety, and welfare of their employees while at work. This includes providing adequate training, supervision, and equipment, and maintaining safe systems of work.
COSHH, meanwhile, specifically addresses the risks posed by hazardous substances. Employers must assess the risks, implement control measures, and monitor exposure to substances that could cause harm; whether through inhalation, skin contact, or ingestion.
What COSHH Requires from Employers
COSHH places a clear obligation on employers to:
- Identify hazardous substances in the workplace.
- Assess the risks to health from exposure.
- Implement control measures to reduce or eliminate exposure.
- Provide information and training to employees about the risks and safe handling procedures.
- Monitor health and exposure levels, where appropriate.
- Review assessments regularly, especially when work processes change.
Failure to comply with COSHH can lead to serious consequences, not only for employee health but also for the employer, who may face enforcement action, fines, or civil claims.
When Employers Fail: Your Right to Claim Compensation
If you’ve suffered an illness or injury due to exposure to hazardous substances at work, and your employer failed to meet their legal duties under COSHH or HSWA, you may be entitled to claim compensation.
Common examples include:
- Respiratory conditions caused by dust, fumes, or chemicals.
- Skin conditions from contact with irritants or corrosive substances.
- Long-term illnesses due to repeated exposure without adequate protection.
To succeed in a claim, you’ll need to show that your employer was negligent. By this we mean that they failed to take reasonable steps to protect you, and, in turn, this failure caused your injury or illness.
No Win No Fee Funding: Making Justice Accessible
At Ison Harrison, we understand that pursuing a legal claim can feel daunting, especially if you’re worried about costs. That’s why we offer no win, no fee funding for personal injury claims. This means:
- You won’t pay anything upfront.
- If your claim isn’t successful, you don’t pay us for the work we have done.
Our expert personal injury solicitors will guide you through every step, from gathering evidence to negotiating your settlement. We’ll ensure your case is handled with care, professionalism, and a commitment to securing the best possible outcome.
Why Choose Ison Harrison?
- Trusted, expert personal injury solicitors with decades of experience.
- Lexcel-accredited for excellence in legal practice.
- Local offices across Yorkshire but with a strong national presence making us accessible wherever you are.
- A strong track record in securing compensation for workplace injuries and illnesses.
Start Your Claim
If you believe your employer failed to protect you under COSHH or HSWA, and you’ve suffered as a result, don’t wait. You have a right to seek justice, and we’re here to help.
Contact Ison Harrison’s personal injury team today for a free, no-obligation consultation. We’ll listen, advise, and act swiftly to protect your rights and secure the compensation you deserve.
For expert advice, call us on 0113 284 5000 or email pi@isonharrison.co.uk
