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Carbon monoxide poisoning can leave everyday life feeling harder than it did before, while the unanswered question of how a dangerous gas was able to build up around you can be difficult to shake. You can claim compensation if that exposure caused you harm because someone responsible for your safety failed to take reasonable steps to prevent it. With uncertainty often remaining over where legal responsibility lies, Legal Helpline’s panel of experienced solicitors can provide clear guidance on whether what happened gives you grounds to claim personal injury compensation and what your next step could look like.
That same support can continue as the claim develops, with your solicitor helping to make sense of the technical issues behind the exposure and how they led to your injury. Instead of leaving you to work out why an appliance that had seemed ordinary became dangerous or how the medical evidence fits into the claim, our panel can keep those questions connected and explain how they fit together. Their role is to take that pressure off you, so the claim stays grounded in what happened and the harm it has caused without getting lost in technical detail. You can contact our advisors today for a free consultation about your circumstances and find out whether a member of our panel could represent you on a No Win No Fee basis.
Jump To A Section
- Can I Claim Compensation For Carbon Monoxide Poisoning?
- Where Can Carbon Monoxide Exposure Happen?
- Who Could Be Responsible For A Carbon Monoxide Leak?
- What Are The Effects Of Carbon Monoxide Poisoning?
- How Much Compensation Could I Receive For Carbon Monoxide Poisoning?
- What Could Help Me Prove A Carbon Monoxide Poisoning Claim?
- Find Out How Legal Helpline Can Support Your Carbon Monoxide Claim
- Could I Make A Carbon Monoxide Claim On A No Win No Fee Basis?
- More Information
Can I Claim Compensation For Carbon Monoxide Poisoning?
Yes, you can claim compensation for carbon monoxide poisoning if you were harmed because someone who was legally responsible for your safety failed to take reasonable steps to prevent the exposure. For a carbon monoxide compensation claim to be pursued, you would need to establish that:
- Someone was responsible for protecting your safety: Responsibility may rest with a landlord expected to keep gas appliances and flues safe, or an employer required to take appropriate steps to protect workers from carbon monoxide generated by combustion equipment used as part of the job.
- They failed to meet the required standard: That failure could take the form of a private landlord leaving a reported boiler or flue defect unresolved. On a construction site, the problem might instead be petrol-powered cutting equipment continuing to run inside a partially enclosed area without enough fresh air or extraction to prevent exhaust gases building up.
- Their failure caused you harm: This means the safety failure must be linked with the harm you are claiming for, such as a hypoxic brain injury or cardiac damage resulting from reduced oxygen supply.
You might know where the exposure happened, but not why carbon monoxide was present or who should have prevented it. Contact our advisors with as much information as you have, and they can tell you within minutes whether you could be eligible to make a claim. Advice lines are open 24 hours a day, so reach out whenever it suits you.
Where Can Carbon Monoxide Exposure Happen?
Carbon monoxide exposure can happen in rented accommodation, workplaces, hotels and other public premises, as well as in properties where defective appliances or unsafe installation and servicing allow the poisonous gas to accumulate.
Carbon Monoxide Poisoning In Rented Accommodation
Landlords have legal responsibilities for gas safety in rented accommodation. Under The Gas Safety (Installation and Use) Regulations 1998, landlords covered by the regulations must keep gas fittings and flues maintained in a safe condition and arrange required gas safety checks. In England, The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 also require landlords to provide carbon monoxide alarms in certain rooms containing fixed combustion appliances.
A housing disrepair claim for carbon monoxide exposure could therefore be made if:
- You suffered carbon monoxide poisoning after the boiler in your rented home developed a fault, and your landlord had failed to arrange the required gas safety checks and maintenance that would have identified the danger.
Exposure To Carbon Monoxide At Work
Employers must take reasonably practicable steps to protect the health and safety of their employees under the Health and Safety at Work etc. Act 1974. This means assessing and controlling the risk of harmful exposure where workplace equipment produces carbon monoxide. An example of when an accident at work claim could be made would be:
- While you were working inside an enclosed workshop, you became ill from carbon monoxide after a petrol-powered generator was left running without sufficient ventilation to carry the exhaust fumes safely outside.
Carbon Monoxide Exposure In Public Places
Businesses and other organisations controlling public premises like hotels, restaurants, and leisure facilities also have legal responsibilities for others’ safety. That is set out by the Occupiers’ Liability Act 1957, which requires an occupier to take practical steps to see that visitors are reasonably safe. For instance, you might be able to make a public liability claim if:
- During a hotel stay, you developed carbon monoxide poisoning after a poorly maintained gas-fired heating system released combustion gases into your room instead of carrying them safely outside.
Poisoning Caused By Faulty Appliances Or Installation
Who was responsible can depend on whether the carbon monoxide came from a defective appliance or unsafe installation, repair or servicing. The Consumer Protection Act 1987 provides a route to compensation where a defective product causes personal injury. Separately, The Gas Safety (Installation and Use) Regulations 1998 impose competence and registration requirements for specified gas work.
A claim following a defective appliance or bad installation could be made if:
- You became seriously unwell after a gas fire was incorrectly installed in your home, leaving its combustion products unable to escape safely and allowing carbon monoxide to build up inside the room.
You do not need to identify the responsible party before seeking help. Contact our advisory team for a free consultation, and they can discuss whether a solicitor from our panel could represent you on No Win No Fee terms.
Who Could Be Responsible For A Carbon Monoxide Leak?
Landlords, installers and employers could all be responsible for a carbon monoxide leak, depending on where the exposure occurred and what caused the gas to escape or accumulate.
Carbon monoxide poisoning compensation could therefore be sought from:
- A landlord when a boiler, gas fire or other appliance within their responsibility was not kept safe.
- An employer whose workplace equipment or working conditions exposed employees to the gas.
- A hotel or other premises operator when equipment or facilities under its control exposed visitors.
- A gas engineer or installation company whose unsafe installation, servicing or repair work resulted in a leak.
- An appliance manufacturer when a product defect allowed dangerous combustion gases to escape.
Establishing who was responsible will require investigation into how the leak developed and who controlled its source. This could involve examining the appliance, flue or other equipment alongside maintenance records, gas safety certificates and details of previous installation, servicing or repair work.
What Safety Measures Can Help Prevent Carbon Monoxide Poisoning?
Proper servicing and maintenance, safe installation, effective ventilation and correctly fitted carbon monoxide alarms where required can help prevent carbon monoxide poisoning by reducing the risk of the gas reaching dangerous levels or accumulating unnoticed.
For rented homes, landlords must keep relevant gas fittings and flues maintained in a safe condition and arrange required gas safety checks. Gas equipment supplied by a landlord must be safely installed and maintained, with annual safety checks carried out on relevant appliances and flues by a Gas Safe registered engineer. In England, relevant landlords must also provide carbon monoxide alarms in rooms used as living accommodation containing fixed combustion appliances, excluding gas cookers, and address prescribed alarms reported and found to be faulty.
Safety measures elsewhere depend on the source of the risk. Employers need to assess and control harmful exposure from workplace equipment that produces carbon monoxide. Gas appliances should also be installed and maintained by appropriately competent people. Effective ventilation and functioning flues then provide a safe route for combustion gases to escape rather than collect inside an enclosed space.
Our advisors are waiting now, so please have a chat with one of them today for a no-pressure assessment of your potential carbon monoxide claim.
What Are The Effects Of Carbon Monoxide Poisoning?
The effects of carbon monoxide poisoning can range from headaches and dizziness to loss of consciousness and other serious harm, with the severity affected by factors such as the concentration and duration of exposure. Early signs may feel relatively vague, with headache or dizziness sometimes appearing before the cause is recognised.
As the amount of carbon monoxide in the bloodstream rises, less oxygen reaches vital organs. That can leave you feeling weak or confused and, with heavier exposure, may begin to affect vision or consciousness. Chest symptoms can also develop if the heart is placed under strain.
The NHS explains that carbon monoxide poisoning may feel worse while you remain inside the affected room or building, then ease after you leave and get into fresh air. More serious poisoning can leave harm that continues after the immediate exposure has ended, especially if the brain or heart has been damaged by the reduced oxygen supply.
Can Carbon Monoxide Poisoning Cause Long-Term Health Problems?
Yes, carbon monoxide poisoning can cause long-term health problems, including neurological damage and psychological harm.
Injuries relevant to a carbon monoxide poisoning compensation claim can include:
- Brain damage: Oxygen deprivation caused by serious carbon monoxide exposure can damage the brain, potentially affecting your movement, coordination and ability to function independently.
- Cognitive difficulties: Lasting problems with memory and concentration can interfere with your ability to work and manage everyday activities.
- Heart problems: Carbon monoxide exposure can affect the heart by reducing the oxygen available to it, potentially resulting in continuing cardiac problems.
- Psychiatric injury: Experiencing carbon monoxide poisoning or living with its consequences can affect your mental health. Where this results in psychological damage, it can form part of the harm considered in your claim.
Can Compensation Be Claimed After Fatal Carbon Monoxide Poisoning?
Yes, compensation can be claimed after fatal carbon monoxide poisoning by certain relatives or the deceased person’s estate where avoidable carbon monoxide exposure resulted in the death. There are distinct rules on who can make fatal accident claims and when, so it is important to get the right advice as soon as possible.
Losing someone after carbon monoxide exposure that resulted from preventable safety failures can leave you facing difficult questions about what happened and who was responsible. When you are ready, our advisory team is available now to offer a free eligibility check and explain how the claims process works in greater detail.
How Much Compensation Could I Receive For Carbon Monoxide Poisoning?
How much compensation you could receive for carbon monoxide poisoning will depend on the severity and lasting effects of your injuries, alongside their associated financial impact.
A carbon monoxide poisoning compensation settlement can consist of:
- General damages compensate for the pain and suffering from your physical and psychological injuries, together with the wider impact on independence. The severity of the poisoning and the length of your recovery will be relevant, as will any lasting effects such as neurological or respiratory problems.
- Special damages compensate for past and future financial losses linked to the harm you suffered. These could include lost earnings and reasonable treatment or rehabilitation costs, with future financial needs also considered.
Solicitors and other legal professionals can refer to the Judicial College Guidelines (JCG) when assessing general damages. This document provides guideline compensation brackets for different forms of harm, which can guide the valuation of this part of the claim when used.
The table below provides a selection of figures from the latest edition of the JCG, except for the top entry. That figure is not taken from the JCG.
Compensation table
Please be aware that this information has been provided to act as guidance only.
| Injury Type and Severity | Guideline Payout Figure | Table Notes |
|---|---|---|
| Multiple very serious injuries with special damages | Up to £500,000 and above | Multiple severe injuries, alongside financial losses covering neurological rehabilitation, lost earnings, and care costs. |
| Brain Damage – Moderate (i) | £198,320 to £289,420 | Moderate to severe intellectual impairment with personality change and impact on senses. |
| Brain Damage – Moderate (ii) | £119,860 to £198,320 | Moderate to modest intellectual impairment with some degree of epilepsy risk and, if not removed, a greatly reduced capacity to work. |
| Brain Damage – Moderate (iii) | £56,890 to £119,860 | Problems with memory, concentration and fatigue, with reduced working ability and limited dependence on others. |
| Chest Injuries – (b) | £86,860 to £133,000 | Trauma to chest, lung and/or heart, resulting in permanent damage and functional impairment. |
| Chest Injuries – (c) | £41,370 to £72,440 | Chest and lung damage resulting in some level of ongoing disability. |
| Lung Disease – (c) | £72,430 to £92,520 | Significant worsening of lung function with impaired breathing and restrictions on physical activity and employment. |
| Lung Disease – (d) | £41,370 to £72,440 | Breathing difficulties falling short of a disabling breathlessness, necessitating regular inhaler use. |
| Asthma – Severe and Permanent Disabling Asthma | £56,890 to £86,860 | Severe, permanent asthma that results in prolonged, regular coughing and severely impairs physical activity. |
| Asthma – Chronic Asthma | £34,740 to £56,820 | Chronic breathing difficulties requiring inhaler use, with restricted employment prospects and an uncertain prognosis. |
What Financial Losses Could My Compensation Cover?
Your carbon monoxide poisoning compensation could cover a range of financial losses, including lost income and costs related to neurological rehabilitation and additional care. These losses account for the financial harm resulting from your injuries, which may include:
Payslips and receipts are some of the records you may need to demonstrate these losses, as you will require evidence to seek compensation for your expenses. For a confidential assessment of which losses you could pursue through your carbon monoxide claim, speak with a member of our advisory team for a free consultation today.
What Could Help Me Prove A Carbon Monoxide Poisoning Claim?
Evidence showing where the carbon monoxide came from, why you were exposed and what harm the exposure caused could help you prove a carbon monoxide poisoning claim.
Useful evidence could include:
These different forms of evidence can build a clearer picture when considered together, especially if the appliance has since been repaired or there is disagreement over who maintained it. A solicitor can identify gaps in that picture and determine what further records or expert input are needed to support your claim.
How Long Do I Have To Start A Carbon Monoxide Compensation Claim?
You generally have 3 years to start a carbon monoxide compensation claim from the date you were harmed. Different rules can apply in certain circumstances under the Limitation Act 1980. As the limitation period may vary, seeking advice about your options as soon as you can after carbon monoxide exposure can be particularly important.
Whether you want guidance on time limits or the evidence you might need, our advisors are ready to help as soon as you reach out.
Find Out How Legal Helpline Can Support Your Carbon Monoxide Claim
When you are living with the impact of carbon monoxide poisoning, having the right legal support can make it easier to work through questions about how the exposure happened. If you have a valid claim, our panel can:
To learn more about this support, please get in touch with an advisor today.
Could I Make A Carbon Monoxide Claim On A No Win No Fee Basis?
Yes, you could make a carbon monoxide claim on a No Win No Fee basis if a solicitor from our panel assesses your case as eligible to proceed under a Conditional Fee Agreement.
Under this arrangement, you do not pay solicitor service fees upfront or while the claim is progressing. You also do not pay them if the claim is unsuccessful. If you receive compensation, the solicitor deducts an agreed success fee from the compensation as a percentage, subject to the legal cap of 25% under The Conditional Fee Agreements Order 2013.
Contact Legal Helpline
You do not need to know exactly who was responsible for the carbon monoxide exposure before asking for legal advice. Legal Helpline’s supportive team of advisors are waiting to answer your questions and establish whether you could pursue carbon monoxide poisoning compensation. Contact them today for a free, no-obligation consultation and, where appropriate, they may be able to connect you with a specialist No Win No Fee solicitor from our panel.
More Information
View some of our personal injury claims materials on other topics:
- Check the eligibility requirements in serious injury claims here.
- Learn more about making burn injury compensation claims with our panel of expert solicitors.
- Read our article on how long compensation takes to come through once a claim has succeeded.
We’ve also included these additional resources for further information:
- See this gas safety overview from the Health and Safety Executive (HSE).
- View the general information on carbon monoxide on the government website.
- This NHS resource contains useful information on preventing carbon monoxide poisoning and the symptoms to look out for.
Thank you for reading our guidance on claiming carbon monoxide poisoning compensation, and please reach out at any time for free advice and a zero-obligation eligibility check via the details given above.