A burn accident at work could form the basis of a personal injury claim. When you are in the workplace, your employer owes you a duty of care under legislation called the Health and Safety At Work etc Act 1974 (HASAWA).
If this duty of care is breached, and you’re injured as a result, you could be entitled to claim compensation. This guide explains what you should do after an accident at work that has left you injured.
Furthermore, we will look at what the process of claiming compensation entails and the evidence you could use to support your case. This guide will also explain what No Win No Fee agreements are and how they could benefit you in a claim.
If you’d like to get in touch with a member of our team today, you can do so using the details below:
- Call for free on the number above
- Contact us online to request a callback
- Use the live chat feature on this page
Burn accident at work claims guide
Can I Claim For A Burn Accident At Work?
If you’ve sustained a burn injury at work, this can have a variety of effects on your quality of life. For example, if you sustain a minor burn injury then this could cause you pain and discomfort and could leave a scar. Serious burn injuries can have a severe impact on your quality of life. In some cases, they can be fatal injuries.
You could experience a burn or a scald in an accident at work. A burn is caused by dry heat, while a scald is caused by hot liquid such as steam or water.
There are a number of symptoms you might experience after a burn injury. They could include:
- Blisters
- Red skin or skin that peels away
- Swelling
- Skin that is white or charred
You cannot claim simply because you have been injured in an accident at work. You must show that you were caused harm by a breach of duty of care. Read on to find out more about what this means, or speak with one of our advisors for free legal advice on making a burn accident at work claim.
Does My Employer Have A Duty Of Care?
All employers owe their employees a duty of care. This means that they need to take all reasonably practicable steps to ensure the safety of their employees.
For example, one of the things that employees can do is carry out risk assessments where necessary. They should also act on the results of these assessments in order to reduce the risk of accidental injury occurring.
Similarly, an employer is responsible for maintaining good housekeeping to prevent the risk of slips and trips. They also need to provide their employees with any personal protective equipment (PPE) that they need to do their job safely.
Below, we have included some examples of how a burn accident at work could occur because of a breach of duty of care:
- A welder suffers a serious burn hand injury because their heat-protective gloves were in a poor state of repair and they were not provided with new ones.
- A server in a restaurant trips and falls because of a spill that was not cleaned or signposted. They spill the hot food they were carrying and suffer a burn injury and a spinal injury.
- An employee in a warehouse is told to repair the engine for a forklift that has broken down despite the engine still being too hot to work on safely.
If you’re not sure whether your accident and injuries could entitle you to a claim, speak with our team today.
Burn Accident At Work – Potential Compensation Payouts
You may be wondering how the process of calculating compensation works. If your case is a success, you could receive up to two heads of claim.
General damages look at the actual physical and psychological harm that you suffered. On the other hand, special damages relate to the financial impact of the accident that left you injured.
We have created the table below using the Judicial College Guidelines. This is a publication that legal professionals use to help them when assigning a value to personal injury claims.
| Injury | Severity | Notes | Compensation bracket |
|---|---|---|---|
| Scarring | Significant burns | Covering more than 40% of the body | Likely to exceed £104,830 |
| Scarring | Minor cosmetic deficit | Single noticeable scar or several scars that are superficial | £2,370 to £7,830 |
| Scarring | Noticeable | A number of noticeable scars or one scar that is disfiguring | £7,830 to £22,730 |
| Facial disfigurement | Very Severe | Causing severe psychological reaction because the scarring is very disfiguring | £29,780 to £97,330 |
| Facial disfigurement | Less Severe | Significant psychological reaction and substantial disfigurement | £17,960 to £48,420 |
| Facial disfigurement | Significant Scarring | Where the worst of the impact has, or will be, diminished by cosmetic surgery. | £9,110 to £30,090 |
| Facial disfigurement | Less Significant Scarring | The effect mars but does not markedly affect the appearance of the claimant | £3,950 to £13,740 |
| Facial disfigurement | Trivial Scarring | Minor effect | £1,710 to £3,530 |
In order to help with valuing your injury, you might be asked to attend a medical assessment with an independent medical expert. They will create a medical report based on their findings, and this report can be used to help value your burn accident at work settlement.
Special Damages for Burn Accidents At Work Claims
Special damages in a personal injury claim can include:
- Lost income from missed work or lost future earnings
- Medical costs
- Adaptations to your home or car
- Travel costs to and from your hospital appointments
- Care cost
Proof such as receipts and statements can support a burn accident at work claim, so it’s important to retain as much documented evidence as possible. If you’d like guidance on the process of claiming special damages, speak with one of our advisors today.
Potential Evidence For A Workplace Accident Claim
If you’re involved in an accident at work, then it should be reported in the accident at work book. This is legally required in all workplaces where 10 or more employees work. You can use this report as a form of evidence to support your claim.
Some other examples of evidence you could provide include:
- Photos of the scene and your injuries
- CCTV footage
- Copies of your medical notes
- Witnesses who would be willing to provide a statement
- A diary of your symptoms and how you were affected
An accident at work solicitor could help you gather evidence in support of your claim. If an advisor from our team feels you have a valid burn accident at work case, then you could be connected with one from our panel.
Is There A Time Limit For An Injury At Work?
Currently, under the terms of the Limitation Act 1980, there is a period of three years in which to start a personal injury claim. This time frame can start from the date of the accident itself or the date that you became aware that your injuries were caused by negligence.
There are exceptions to this time limit that can apply. For example, if the claimant was under 18 at the time they were injured then they cannot pursue their claim, although a litigation friend can do so on their behalf. While they’re unable to claim on their own, the time limit for doing so is suspended. It starts again when they turn 18.
There are similar exceptions to the time limit for those who lack the mental capacity to pursue their own claim. To find out what time limit applies to your case, speak with one of our advisors.
How Do I Claim For An Accident At Work On A No Win No Fee Basis?
You could be offered a No Win No Fee agreement if you choose to work with a personal injury lawyer on your burn accident at work claim. A popular version of this kind of agreement is called a Conditional Fee Agreement.
A No Win No Fee agreement means that there are usually no fees to pay your lawyer upfront or as they work on your claim. Furthermore, there are generally no fees to pay your lawyer in the event that your claim fails.
If you’re awarded compensation, then a success fee will be taken from your settlement amount. The legal cap that applies to this fee prevents your solicitor from overcharging you.
Contact Us For Free To See If You Can Make A Burn Injury Claim
Find out whether you have a valid burn accident at work claim by:
- Call for free on the number above
- Contact us online to request a callback
- Use the live chat feature on this page
Learn More About Seeking Workplace Injury Compensation
As well as burn accident at work claims, the links below offer further reading on personal injury claims:
- Preventing slips and trips at work
- Workplace health and safety statistics from the Health and Safety Executive
- Guidance on burns treatment from the NHS
Writer Jeff Warden
Publisher Fern Summers
