Burn At Work Compensation – Can You Make An Injury Claim?

Key Takeaways:

• You can claim for burns caused by employer negligence
• Claims cover various types of burns, including thermal, chemical, and electrical
• Compensation amounts vary based on burn severity and long-term impact
• You generally have three years from the date of the accident to make a claim
• No win no fee agreements mean no financial risk to you

Eligibility for Workplace Burn Injury Claims

Generally, you can make a burn injury claim against your employer if they were negligent in following health and safety rules, resulting in your injury. However, several factors need to be considered to determine your eligibility:

1. The accident must have occurred due to employer negligence:
   This means that your employer failed to take reasonable steps to prevent the accident. For instance, if you suffered a chemical burn because your employer didn’t provide appropriate protective equipment or failed to properly store hazardous substances, this could be considered negligence. It’s important to note that not all workplace accidents are due to employer negligence – sometimes accidents happen despite all reasonable precautions being taken.
2. Your employer must have failed in their duty of care:
   Employers have a legal obligation to ensure the health, safety, and welfare of their employees while at work. This duty of care extends to providing a safe working environment, adequate training, and appropriate equipment that isn’t faulty. If your employer has breached this duty, resulting in your burn injury, you may have grounds for a claim. For example, if you weren’t provided with proper training on handling hot equipment or substances, this could be seen as a failure in the employer’s duty of care.
3. The accident was not primarily your fault:
   While you may still be able to claim if you were partially at fault (known as contributory negligence), your claim is likely to be stronger if the accident was primarily due to factors outside your control. However, if you deliberately ignored safety protocols or were under the influence of drugs or alcohol, this could significantly impact your ability to claim.
4. The incident occurred within the last three years (with some exceptions):
   In most cases, you have three years from the date of the accident to start legal proceedings. This time limit is known as the limitation period. There are some exceptions to this rule, such as for claimants under 18 or those who lack mental capacity. Additionally, in some cases where the effects of the injury weren’t immediately apparent, the three-year period might start from the ‘date of knowledge’ – when you first became aware of the injury.

Employer Responsibilities

It’s important to understand that employers have a comprehensive set of legal obligations to ensure a safe working environment. These include:

• Providing a safe working environment: This encompasses everything from ensuring non-slip floors to prevent falls while carrying hot liquids, to maintaining proper ventilation in areas where chemical fumes might be present.
• Ensuring staff are adequately trained: Proper training is key in preventing burn injuries. This includes training on how to use tools and machinery safely, how to handle hot substances, and what to do in case of an emergency.
• Maintaining and repairing equipment regularly: Faulty equipment can lead to serious burn injuries. Regular maintenance checks and prompt repairs are essential.
• Removing faulty equipment from use until repaired: If a piece of equipment is known to be faulty, it should be taken out of service immediately to prevent accidents.
• Handling hazardous chemicals according to COSHH guidelines: The Control of Substances Hazardous to Health Regulations (COSHH) provide specific guidelines on how to handle dangerous substances safely.
• Providing appropriate Personal Protective Equipment (PPE): This might include heat-resistant gloves, face shields, or protective clothing, depending on the nature of the work.

If your employer has failed in any of these areas, leading to your burn injury, you may be eligible to make a claim. However, each case is unique, and it’s always best to consult with a specialised personal injury solicitor who can assess the specific details of your situation and advise you on the best course of action.

Why Claim Compensation?

Claiming compensation for a burn injury at work is not just about seeking financial recompense; it’s about ensuring you have the resources to deal with the impact of your injury and holding employers accountable for maintaining safe working environments. Here’s why claiming compensation can be crucial:

• Provide financial support during your recovery: Burn injuries often require extensive recovery time. Compensation can help cover your living expenses while you’re unable to work, reducing financial stress during your recovery.
• Cover medical expenses and rehabilitation costs: Burn treatments can be expensive if you go private, especially for severe burns requiring skin grafts or long-term care. Compensation can help cover these costs, including any necessary follow-up treatments or therapies.
• Compensate for lost earnings if you’re unable to work: If your burn injury prevents you from working, either temporarily or permanently, compensation can help replace your lost income. This can include both immediate lost wages and potential future earnings if your injury affects your long-term career prospects.
• Pay for any necessary adaptations to your home or lifestyle: Severe burns may require you to make changes to your home or daily routine. Compensation can help cover the costs of these adaptations, such as specialised equipment or home modifications.
• Provide justice and acknowledgment of your suffering: Beyond the financial aspects, claiming compensation can provide a sense of justice. It acknowledges that you’ve suffered due to someone else’s negligence and can help prevent similar incidents from happening to others in the future.
• Support ongoing care needs: Some burn injuries may require long-term or even lifelong care. Compensation can help ensure you have the resources to access the care you need over time.
• Cover additional expenses: Burn injuries can lead to various unforeseen expenses, such as travel costs for medical appointments, special clothing, or skincare products. Compensation can help cover these additional costs.

Remember, claiming compensation is your legal right if you’ve been injured due to someone else’s negligence. It’s not about taking advantage of the system, but about ensuring you have the support and resources you need to recover and move forward after a serious injury.

Types of Burn Injuries You Can Claim For

Burn injuries in the workplace can occur in various ways, and understanding the different types can help you better assess your claim. Claims can be made for a range of workplace burn injuries, each with its own set of challenges and potential long-term effects:

• Scalding by hot liquid: These burns are common in industries like food service and manufacturing. They can occur from spills of hot water, coffee, or other liquids. Even seemingly minor scalds can cause significant pain and potential scarring.
• Hot oil burns: Particularly common in the food industry, hot oil burns can be extremely severe due to the high temperatures involved. These burns often result in deep tissue damage and can lead to significant scarring.
• Chemical burns: These occur when the skin comes into contact with corrosive substances. Chemical burns can be particularly dangerous as the damage may continue even after initial contact if the chemical is not properly neutralised.
• Steam burns: Often occurring in industrial settings, steam burns can be deceptively severe. The high temperature of steam can cause deep tissue damage quickly, even through clothing.
• Heat and fire burns: Direct contact with flames or extremely hot surfaces can cause these burns. They’re common in industries involving welding, metalwork, or any processes involving high temperatures.
• Electrical burns: These can occur from contact with live electrical sources. Electrical burns are particularly dangerous as they can cause internal damage that may not be immediately visible on the skin.
• Radiation burns: While less common, these can occur in settings where radiation is present, such as in certain medical or research facilities.

Understanding the medical classification of burns is also important when considering a claim:

• First-degree burns: These affect only the top layer of skin (epidermis). While painful, they usually heal within a week without scarring.
• Second-degree burns: These damage both the first and second layers of skin (epidermis and dermis). They can be extremely painful and may result in blistering and scarring.
• Third-degree burns: These are the most severe, damaging all layers of skin and potentially affecting underlying tissues. They often require skin grafts and can result in permanent scarring and disability.

The severity and type of burn will significantly impact the value of your claim and the long-term effects you may experience.

See the comments below this article for the many different types of accident at work that have resulted in burn injuries to claimants.

How Much Can You Claim For a Burn Injury at Work?

The value of a burn injury claim can vary significantly based on several factors. Understanding these can help set realistic expectations:

Compensation for burn injuries typically includes two types of damages, general and special:

General Damages

General damages compensate for pain, suffering, and loss of amenity. The amount depends on the severity of the burn, its location, and its impact on your life. The total amount varies from case to case, but there are guidelines issued to solicitors by the courts. A first degree facial burn could have a value of up to £6,000, for example. Whereas a more severe, third degree facial burn could be more than ten times as much.

The table below shows amounts for facial disfigurement, obviously burns and scarring to other, less visible parts of the body can attract lesser amounts.

Special Damages

Special damages cover financial losses directly resulting from your injury, including:

• Lost earnings (both current and future)
• Medical expenses
• Travel costs for treatment
• Care costs
• Any necessary adaptations to your home or lifestyle

The total value of your claim will be the sum of these general and special damages. It’s important to note that every case is unique, and these figures are just guidelines. Your solicitor will be able to give you a more accurate estimate based on the specific details of your case.

How to Successfully Claim for a Burn Injury at Work

If you’ve suffered a burn injury at work, knowing the right steps to take can significantly improve your chances of a successful compensation claim. Here’s how to proceed:

1. Seek Immediate Medical Attention

Your health is the priority. Even if the burn seems minor, get it properly assessed and treated. This not only ensures proper care but also creates an official medical record of your injury, which is key to your claim.

2. Report the Incident

Report the accident to your employer as soon as possible. Ensure it’s recorded in the company’s accident book. If there isn’t one, or your employer won’t record the incident, send a written account of it to your employer and keep a copy for yourself. Include:

• Date, time, and location of the accident
• How the accident occurred
• Any witnesses present
• Details of your injury

3. Gather Evidence

Collect as much evidence as you can:

• Photographs of your injuries and the accident scene
• Names and contact details of witnesses
• Any faulty equipment or hazardous materials involved
• Copies of medical reports and treatments received

4. Keep a Record of Expenses

Document all expenses related to your injury, including:

• Medical bills and prescription costs
• Travel expenses for medical appointments
• Lost wages due to time off work

5. Consult a Specialist Solicitor

Contact us – we have solicitors who specialises in workplace burn injury claims. We offer a free initial consultation where we can:

• Assess the viability of your claim
• Explain the claims process
• Discuss No Win No Fee options

6. Notify Your Union (If Applicable)

If you’re a union member, inform your representative. They may be able to provide additional support or advice.

7. Undergo a Medical Assessment

Your solicitor will arrange an independent medical examination to assess your injuries fully. This report will be crucial evidence in your claim.

8. Let Your Solicitor Handle Communications

Once you’ve instructed a solicitor, they will:

• Notify your employer and their insurers of your claim
• Handle all communications and negotiations
• Gather additional evidence if needed
• Keep you informed of the claim’s progress

9. Consider Rehabilitation Needs

Discuss any ongoing treatment or rehabilitation needs with your solicitor. These can be included in your claim to ensure you receive the care you need.

10. Be Patient but Proactive

The claims process can take time, especially for more severe burns. Stay in regular contact with your solicitor and provide any additional information promptly when requested.

11. Decide on Settlement Offers

Your solicitor will advise you on the fairness of any settlement offers received. The final decision to accept or reject an offer is always yours.

The Claims Process For Workplace Burn Injuries

At Direct2Compensation, we’re here to guide you through every step of the claims process, ensuring you have the support and expertise needed to secure the compensation you deserve for your burn injury at work. Understanding the process can help you navigate your claim more effectively. Here’s a detailed look at each step:

1. Initial Consultation:
   The process begins with a free consultation with a specialised solicitor. During this meeting, you’ll discuss the details of your accident, the nature of your burns, and how they’ve affected your life. The solicitor will assess the viability of your claim, explain the legal process, and discuss the no win no fee agreement. This is your opportunity to ask questions and decide if you want to proceed.
2. Gathering Evidence:
   This step involves collecting all relevant documentation to support your claim. Such evidence forms the foundation of your claim, demonstrating both liability and the extent of your injuries. Your solicitor will help you gather:
   • Medical records detailing your burn injuries and treatments
   • Accident reports from your workplace
   • Witness statements from colleagues who saw the incident
   • Photographs of the accident scene and your injuries
   • Employment records showing lost wages
   • Any correspondence with your employer about the incident
3. Medical Assessment:
   You’ll undergo an independent medical examination with a burn specialist. This doctor will assess your injuries, review your treatment, and provide a prognosis for your recovery. Their report will be a key piece of evidence, detailing the severity of your burns, any long-term effects, and recommendations for future treatment.
4. Claim Submission:
   Your solicitor will prepare and submit a formal claim to your employer’s insurance company. This document outlines the circumstances of the accident, the extent of your injuries, and the compensation you’re seeking. The insurer then has a set period to respond, either accepting liability or contesting the claim.
5. Negotiation:
   Once liability is established, your solicitor will negotiate with the insurer to reach a fair settlement. This process involves presenting evidence of your injuries and losses, and may include several rounds of offers and counter-offers. Your solicitor will advise you on the fairness of any offers, but the final decision to accept or reject a settlement is always yours.
6. Settlement or Court:
   Most burn injury claims are settled out of court through negotiation. However, if an agreement can’t be reached, your case may proceed to court. Even if court proceedings are initiated, negotiations often continue, and many cases settle before the trial date. If your case does go to court, your solicitor will represent you and present your case to a judge.

No Win No Fee Burn Claims: Understanding Your Options

When considering a compensation claim for a burn injury at work, one of the primary concerns for many people is the potential cost of legal representation. This is where No Win No Fee agreements, also known as Conditional Fee Agreements (CFAs), come into play. These agreements can make legal representation accessible to everyone, regardless of their financial situation.

What is a No Win No Fee Agreement?

A No Win No Fee agreement means that you won’t have to pay any upfront legal costs to pursue your burn injury claim. Here’s how it works:

1. If your claim is successful: You’ll pay a success fee to your solicitor. This is typically 25% of your compensation award, and deducted from your compensation at the end of the case.
2. If your claim is unsuccessful: You won’t have to pay any legal fees to your solicitor. This protects you from financial risk when pursuing your claim.

Benefits of No Win No Fee for Burn Claims

Access to Justice: No Win No Fee agreements make it possible for anyone to seek compensation, regardless of their financial situation. This is particularly important for burn victims who may be facing financial hardship due to their injuries.

No Upfront Costs: You don’t need to pay anything to start your claim, removing financial barriers to seeking justice.

Reduced Financial Risk: If your claim is unsuccessful, you won’t be left with a large legal bill to pay.

Motivation for Your Solicitor: Since the solicitor only gets paid if you win, they are motivated to work hard on your case and secure the best possible outcome.

Peace of Mind: You can focus on your recovery without worrying about ongoing legal costs.

After the Event (ATE) Insurance

As part of a No Win No Fee agreement, your solicitor may recommend taking out an After the Event (ATE) insurance policy. This protects you from having to pay the other side’s costs if your claim is unsuccessful. The premium for this insurance is typically only payable if you win your case.

However, it’s important to note that at Direct2Compensation, we feel ATE to be an unnecessary burden on claimants and where possible we will not recommend taking it out.

Making a Decision

Before agreeing to a No Win No Fee arrangement, make sure you:

1. Understand the terms of the agreement, including the success fee percentage
2. Are clear about any potential additional costs
3. Know what happens if you want to switch solicitors or withdraw from the claim

At Direct2Compensation, we believe that No Win No Fee agreements provide an essential route to justice for burn injury victims. We’re committed to explaining these agreements clearly and ensuring you’re comfortable with the terms before proceeding with your claim.

Remember, a burn injury can have significant physical, emotional, and financial impacts. A No Win No Fee agreement allows you to seek the compensation you deserve without adding financial stress during your recovery period.

How We Can Help You Make a Successful Claim

At Direct2Compensation, we specialise in workplace injury claims, including burn injuries. Our expertise and dedication can significantly improve your chances of a successful claim:

• Assess the viability of your claim: We offer a free initial consultation to evaluate your case and advise you on the best course of action.
• Help you understand your legal rights: We’ll explain the claims process in clear, jargon-free language, ensuring you understand your rights and options at every stage.
• Ensure your accident is properly recorded: We’ll guide you on how to report your accident correctly and gather the necessary evidence to support your claim.
• Arrange a free medical assessment: We’ll organise an independent medical examination to provide a comprehensive report on your injuries.
• Connect you with experienced burn injury solicitors: We work with a network of specialised solicitors who have extensive experience in burn injury claims.
• Guide you through the claims process: From initial consultation to final settlement, we’ll be with you every step of the way, providing support and guidance.

Our no win no fee approach means you can pursue your claim without financial risk. If your claim is unsuccessful, you won’t have to pay any legal fees. Remember, you have a legal right to claim compensation for workplace injuries that weren’t your fault. Don’t let concerns about cost or complexity deter you from seeking the compensation you deserve.

If you have suffered a burn injury at work and want to know if you can make a claim for compensation, contact us today. You can start your claim online or request a call back, and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.

Frequently Asked Questions