Food Poisoning at Work – A Guide to Claiming Compensation

For some, food poisoning can result in intense but short-term pain and suffering. For others, it can be far more serious and symptoms can result in weeks or months of hospitalisation. If your employer provides food through a canteen, café or similar and you are made ill by food poisoning at work, you may have grounds to seek compensation for your suffering. In this guide, we’ll explore how food poisoning claims work and the types of evidence that might help to make your claim stronger. You’ll also read how much compensation for food poisoning could be awarded.

Personal injury claims against employers aren’t always easy and that’s where we’re able to assist. Our team of specially trained advisors provide a free initial assessment of your claim to help you understand the chances of you being compensated. As well as answering your questions, your advisor will provide legal advice about what to do next. If a claim seems feasible, you’ll be connected with a solicitor from our panel. Should they agree to represent you, they’ll do so on a No Win, No Fee basis.

To see if you could be entitled to food poisoning compensation, you can:

• Phone 0333 241 2519 to speak to a legal advisor.
• Use our 24/7 live chat option if you’d rather discuss your case online.

Read on for more about when you could claim compensation for food poisoning at work but please get in touch now if you have any questions.

Can I Claim Compensation for Food Poisoning at Work?

Employers have a duty of care to try and make sure that you are safe whilst you’re working. As such, if they provide food, cooking facilities or food storage at work, they should:

• Ensure that hygiene standards are upheld in areas where food is cooked, served or prepared.
• Check that refrigerators are functioning correctly and set to a safe temperature.
• Ensure that staff who handle food are adequately trained in safety standards.
• Make sure all kitchen equipment is properly maintained.

If you have suffered food poisoning at work because your employer hasn’t taken the necessary steps to try and protect you, we could help you to begin a compensation claim for food poisoning if:

• The defendant in your claim owed you a duty of care.
• That duty of care was not upheld.
• You have been diagnosed with food poisoning as a result.

If you want clarification on your entitlement to compensation for food poisoning, please call our legal advisors to explore your options.

Who Might Be Liable for Food Poisoning at Work?

Crucially, food found in workplaces isn’t always sold by your employer. For instance, they may have subcontracted the running of a café to another company. Similarly, food served from vending machines might be sold by a third party.

Therefore, where possible, you should try to identify the body that provided you with the food that made you ill. This could be as easy as taking a picture of a public liability insurance certificate displayed in a canteen or a plaque inside a vending machine that confirms ownership.

Don’t worry if you’re not sure who your claim should be made against as one of our solicitors will confirm this if they agree to take on your claim.

What Types of Negligence Can Cause Food Poisoning?

Food poisoning can be caused by various types of negligence, particularly in how food is handled, stored, prepared, and served. The following are some common types of negligence that can result in food poisoning claims:

• Inadequate Cooking: If certain foods are not cooked to the appropriate temperature, harmful bacteria can remain in the food.
• Improper Storage: The growth of bacteria and other pathogens which cause food poisoning can occur if food has been stored at an incorrect temperature or in unsanitary conditions.
• Cross-Contamination: Using the same surfaces or utensils without proper cleaning between preparing raw and cooked foods can spread contaminants.
• Using Expired Ingredients: Preparing food with ingredients that are past their expiration date or have spoiled can be a direct cause of food poisoning.
• Poor Personal Hygiene: Food handlers who do not wash their hands regularly or who work while sick can transfer germs directly to the food they touch.
• Lack of Employee Training: Food service providers that do not train their employees adequately on food safety standards risk practices that can cause illnesses.
• Failure to Comply with Food Safety Laws: Ignoring or not being aware of food safety regulations can result in practices that are unsafe and result in contamination.

Crucially, food poisoning can be caused after eating hot or cold food and it is not exclusive to meat products.

What Should I Do If I’ve Sustained Food Poisoning at Work?

If you are affected by food poisoning at work, you should:

• Inform your GP or NHS 111 about your symptoms to see if treatment is needed.
• Report the incident to your local authority’s food safety team.
• Tell your employer that you are ill.
• Keep any product packaging that confirms your food was out of date.
• Ask for the incident to be recorded in the company accident report book (and request a copy for yourself).
• Stay away from work until you’ve not had sickness or diarrhoea for 2 days (NHS advice).

Some of these steps will help to ensure you recover from food poisoning at work as quickly as possible while others may provide evidence to support any subsequent compensation claim.

What Evidence Can Be Used for Food Poisoning Claims?

To make a food poisoning claim as strong as possible, it’s crucial to try and collect as much evidence as possible, some of which might include:

• Contact information for anyone else who suffered from food poisoning at work alongside you.
• Videos or photographs to confirm poor hygiene practices.
• Copies of your medical records to confirm that your illness was diagnosed by a doctor.
• Food packaging (or photos that show the use by date).
• Food samples sealed in a plastic container where possible.
• Details of any expenses incurred as a result of your illness.

If your claim is taken on by one of our solicitors, they may try to obtain further evidence to support your claim. For instance, they might make contact with the local authority to ask if they investigated the incident or inspected your workplace.

How Long Do I Have to Claim Food Poisoning Compensation?

The Limitation Act 1980 stipulates that there is a 3-year time limit for personal injury claims in the UK. For food poisoning at work, the time limit for claiming will generally start from the date your food poisoning was diagnosed by a doctor and linked to your work.

3 years is usually enough time to start the claims process but we’d suggest that you don’t wait too long to start the ball rolling. That’s because solicitors will have to collect evidence, speak to witnesses and file your claim so the sooner you begin the better.

To check that you still have time to claim for workplace food poisoning, please call our legal advisors now.

How Much Compensation Can I Claim for Food Poisoning?

Settlements in successful food poisoning claims are typically based on:

• How much suffering you’ve endured (physically and emotionally) because of the food poisoning (general damages); and
• Any financial expenses, losses or costs linked to your symptoms (special damages).

To establish how much general damages you should claim, your solicitor will request copies of your medical records. They’ll also arrange an appointment with an independent expert who’ll discuss your symptoms when you were ill with food poisoning.

Once your suffering is properly understood, your solicitor may refer to the Judicial College Guidelines (JCG) to value your claim. Our food poisoning compensation list uses JCG data but please only use it for guidance as settlements cannot be guaranteed at this point.

• Compensation for food poisoning at work that lasts only days to weeks can range from £1,110 – £4,820.
• Food poisoning that causes serious discomfort and fatigue ranges from £4,820 – £11,640.
• Compensation for serious yet short-lived food poisoning might see compensation of £11,640 – £23,430.
• Compensation for severe toxicosis that requires hospital treatment and leads to ongoing symptoms impacting work and personal life, £46,900 – £64,070.

If you’ve struggled financially because of food poisoning, you could try to recoup your losses by claiming special damages including:

• Travel expenses i.e. hospital parking fees and fuel costs.
• Medical expenses such as prescription fees.
• The cost of family support or a professional carer if needed.
• Lost income.
• Future loss of income should you suffer more serious problems such as toxicosis if it affects your ability to work.

It’s important to ensure that everything is included in any settlement you are offered. If your food poisoning claim is handled by a work injury solicitor on our panel, they’ll review everything closely before agreeing to finalise your claim.

Can I Sue for Compensation if I’m Not a Full-Time Employee?

The duty of care employers have towards their staff extends to temps, zero-hours staff, part-time workers, consultants, subcontractors and the self-employed.

As such, if you’ve suffered food poisoning at work and believe it was due to your employer’s negligence, one of our solicitors could help you sue for compensation regardless of the type of employment contract you’re on. Please call our legal advisors for further information.

Will I Need a Solicitor to Sue for Food Poisoning at Work?

It may be a good idea to have a solicitor who specialises in food poisoning compensation cases to help you navigate the complexities of the claims process. Not only will they understand the legal requirements when filing your claim, they could negotiate a much higher compensation settlement than you might otherwise have been offered.

Some of the services provided by our solicitors when working on food poisoning at work claims include:

• Collection and analysis of any evidence needed to support the claim.
• Arranging an independent medical assessment so that your suffering is properly understood.
• Filing your claim with your employer and liaising with their insurers throughout the claims process.
• Ensuring that you are kept up to date with the progress in your claim.
• Fighting your corner to try and secure the maximum level of compensation possible.

Our solicitors offer a No Win, No Fee service for all workplace injury claims. This means that any work they conduct for you won’t have to be paid for upfront so long as you sign a Conditional Fee Agreement (CFA).

If the claim is paid out, a percentage of your settlement will act as a success fee for your solicitor. This percentage is listed in your CFA and, for your protection, is capped at 25 per cent of your compensation by law.

To check whether you can begin a No Win, No Fee food poisoning at work claim, please call now.

How Long Do Personal Injury Claims Generally Take?

A straightforward food poisoning claim against your employer could be settled in as little as 4 to 6 months. This timeframe may be achievable if you have made a quick recovery from your symptoms and your employer accepted liability for your suffering quickly.

However, some claims can take up to a year (and sometimes longer). This might be the case if you’ve suffered long-term organ damage as a result of food poisoning and medical professionals need extra time to be absolutely sure of your prognosis. In these longer-term cases, you could be paid interim compensation as part of the claims process to help you financially so long as liability for your suffering has been proven.

Contacting Us About a Food Poisoning Compensation Claim

If you’ve suffered from food poisoning at work and believe you are entitled to claim compensation, why not get in touch now? To do so, you can:

• Call 0333 241 2519 to speak to a legal advisor.
• Use our live chat service if you prefer to discuss your options online.

We’re ready to help you find out if you have a food poisoning at work claim and offer free legal advice when you contact us. If your food poisoning claim seems to have good grounds we could connect you with a solicitor from our panel who’ll provide a No Win, No Fee service if you both decide to work together.