Last Updated on April 29, 2026 by tanya

Compensation If Made Ill at Work Due to Poor Hygiene

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

When & How You Can Claim For Illness Caused by Poor Hygiene?

Poor hygiene in the workplace can make you seriously ill and if you’ve been made ill at work due to poor hygiene, you may be entitled to claim compensation. When employers fail to maintain clean, safe working conditions, the consequences can be more than inconvenient. They can lead to infections, gastrointestinal illnesses, skin conditions, respiratory problems, and long‑term health complications. If you’ve suffered illness because your employer neglected basic hygiene standards, you may want to find out more on claiming compensation through a personal injury claim in England and Wales.

Our guide explains when you can claim, what you need to prove, and how the claims process works.

 

Why Poor Workplace Hygiene Can Lead to Illness

Workplace hygiene covers far more than keeping things neat and tidy. It includes:

 

• Clean and functioning toilets and washrooms
• Safe food‑handling practices
• Adequate handwashing facilities
• Proper waste disposal
• Regular cleaning of shared equipment and surfaces
• Safe management of hazardous substances
• Adequate ventilation

 

When employers fail to meet these standards, bacteria, viruses, mould, and other contaminants can spread quickly. Workers may develop:

 

• Food poisoning
• Norovirus or other viral infections
• Skin infections such as dermatitis
• Respiratory illnesses from mould or poor air quality
• Eye or throat irritation
• Allergic reactions
• Infections caused by exposure to bodily fluids or waste

 

If your illness can be linked to poor hygiene at work, you may have grounds to bring a claim.

 

Your Employer’s Legal Duty to Maintain Hygiene

Employers in England and Wales must follow strict health and safety laws. These include the Health and Safety at Work etc. Act 1974, and the Control of Substances Hazardous to Health (COSHH) Regulations 2002.

These laws require employers to:

 

• Provide clean, hygienic welfare facilities
• Ensure adequate ventilation and temperature control
• Maintain clean working environments
• Control exposure to harmful substances
• Provide appropriate training and protective equipment
• Carry out risk assessments and act on the findings

 

If your employer failed to meet these duties and you became ill as a result, you may be able to claim compensation.

 

When You Can Claim Compensation for Illness Caused by Poor Hygiene

To succeed in a personal injury claim, you must show:

 

1. Your employer owed you a duty of care

This is almost always the case. Employers have a legal responsibility to protect your health and safety due to strict health and safety regulations as mentioned above.

 

2. They breached that duty

Examples regarding hygiene and when employers may breach this duty include:

 

• Failing to clean toilets or washrooms
• Allowing mould or damp to build up
• Not providing soap, hot water, or hand‑drying facilities
• Poor food hygiene in workplace kitchens
• Not cleaning shared tools or equipment
• Failing to manage waste safely
• Ignoring reports of unsanitary conditions

 

3. The breach caused your illness

It is vital that you can show a link between the hygiene failure and your symptoms. Medical evidence plays a key role here.

 

4. You suffered loss as a result

This may include pain, suffering, lost earnings, medical costs, and other financial losses.

If these elements are present, you likely have a valid claim.

 

Common Scenarios That Lead to Hygiene‑Related Claims

While every case is unique, certain situations may frequently lead to successful claims:

 

Contaminated Food in Workplace Canteens

If food is stored incorrectly, handled without proper hygiene, or prepared in unsanitary conditions, workers can suffer severe food poisoning.

 

Dirty or Unsafe Toilets and Washrooms

Blocked toilets, lack of soap, broken sinks, or unclean facilities can spread bacteria and viruses.

 

Mould and Damp in the Workplace

Poor ventilation or neglected maintenance can lead to mould growth, triggering respiratory problems and allergic reactions.

 

Exposure to Bodily Fluids or Waste

Healthcare, cleaning, and waste‑management roles carry higher risks if employers fail to provide proper protective equipment or training.

 

Unclean Shared Equipment

Phones, keyboards, tools, and machinery can harbour germs if not cleaned regularly.

 

Poor Air Quality

Dust, spores, and contaminants can cause illness when ventilation systems are not maintained.

If your illness arose from any of these conditions, you may be eligible to claim.

 

How to Prove Your Illness Was Caused by Poor Hygiene

Evidence is crucial. You can strengthen your claim by gathering:

 

• Medical records confirming your diagnosis
• Photographs of the unhygienic conditions
• Witness statements from colleagues
• Accident or incident reports
• Emails or messages showing you raised concerns
• Workplace cleaning logs (your solicitor can request these)
• Risk assessments or lack thereof

 

The more evidence you have, the easier it becomes to show that your illness resulted from your employer’s negligence.

 

How Much Compensation Could You Receive?

Compensation varies depending on:

 

• The severity of your illness
• How long your symptoms lasted
• Whether you needed time off work
• Any long‑term effects
• Financial losses such as lost earnings or medical expenses

 

Mild food poisoning may attract a modest award, while severe infections or long‑term respiratory issues can lead to significantly higher compensation. Your solicitor will assess your individual circumstances to estimate the value of your claim.

 

Time Limits for Making a Claim

In England and Wales, you generally have three years from:

• The date you became ill, or
• The date you realised your illness was linked to workplace hygiene

There are exceptions for children and people lacking mental capacity, but most adults must act within this three‑year window.

 

Will You Need to Go to Court?

Most personal injury claims settle out of court. Employers are required to carry insurance, and insurers typically prefer to resolve claims through negotiation. Court proceedings only become necessary if liability is disputed or settlement negotiations break down.

 

Can You Claim if You’re Still Employed?

Yes. Many people worry about claiming against their employer, but compensation is paid by the employer’s insurance—not from their personal funds. It is unlawful for an employer to dismiss or discipline you for making a legitimate claim.

 

No Win, No Fee Options

We partner with solicitors who handle workplace illness claims on a No Win, No Fee basis. This means you only pay legal fees if your claim succeeds. It removes financial risk and allows you to pursue justice without upfront costs.

 

What to Do If You Think You Have a Claim

If you believe poor hygiene at work made you ill, take these steps:

 

1. Seek medical attention
2. Report the issue to your employer
3. Gather evidence
4. Keep records of symptoms and expenses
5. Speak to a specialist personal injury solicitor

 

Acting quickly helps protect your health and strengthens your claim.

 

Take The Next Step

When employers fail to meet basic hygiene standards, workers can suffer serious health problems. So, if you’ve been made ill because your employer neglected their legal duties, you may have the right to seek compensation.

A personal injury claim can help you recover your losses, access treatment, and move forward. We’re here to help you claim the compensation you deserve.

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back at a time that suits you for a free, no-obligation consultation.