Whether you work in a restaurant or in an environment where hot substances are handled, you may be at risk of suffering a scald injury. However, there are some work environments that are more hazardous than others when it comes to sustaining a burn injury whether this is minor or a lot more severe. A report produced by the British Burns Association showed that around 250,000 people in the UK sustain some type of burn injury each year with most being scalds which are also known as thermal injuries.
If you were involved in an incident and suffered a scald injury at work, you may be entitled to seek compensation providing you can prove that your employer was negligent in their duty to keep you safe at work. To find out more on how to go about proving a claim, the sort of evidence that is required, and the level of compensation you may receive in a successful scald injury claim against a negligent employer, please read on.
- Are There Any Common Causes of a Scald Injury at Work?
- Are There Any Accidents at Work Statistics in the UK?
- Who Could be Responsible for My Scald Injury?
- What are the Common Symptoms Associated with a Scald Injury?
- How Do I Prove an Employer Was Negligent in a Scald Injury at Work Claim?
- Do I Have Rights Following a Scald Injury at Work?
- Who Can File a Scald Injury Claim Against an Employer?
- Could I Claim if a Work Colleague Causes My Scald Injury?
- Could I Claim if I am Fully or Partly Responsible for My Scald Injury?
- How Is a Scald Injury at Work Compensation Worked Out?
- Are There Things I Can Include in a Scald Injury at Work Claim?
- Is There a Deadline to Making a Scald Injury Claim?
- Should I Sue My Employer Following a Scald Injury at Work?
- How Do I Make a Scald Injury Claim Against an Employer?
- Would a No Win No Fee Solicitor Assist Me on a Scald Injury Claim?
- Informative Links
Many employees who work in some kind of medical facility which includes hospitals and those who are employed in restaurants or other eateries, are much more at risk of sustaining some kind of scald injury at work due to the nature of their jobs. However, you could sustain a burn albeit a minor injury, no matter where you happen to work with most cases involving kettles and other heating appliances. With this said, the most commonly reported cause of a scald injury at work includes the following:
- Where an employer fails to provide you with the right type of industry-standard PPE – personal protective equipment. This would include things like overalls, gloves and goggles
- Where employers do not provide you with enough training regarding best procedures and practices on handling as well as managing hot substances and this includes steam
- Where employers fail to set in place the right sort of signage to warn you of potential dangers that involve hot liquids and substances
- Where employers fail to adequately maintain machinery and equipment is good working order and as a consequence this results in damaged valves and leaks
These are just some of the ways in which you may suffer a scald injury at work but there plenty of other ways this could occur depending on where you work and what your job entails. An example being if you operate machinery or equipment which heats up substances to extremely high temperatures, you would be more at risk of suffering a scald injury at work. Other work environments that are more hazardous when it comes to being scalded include the following:
- Work environments where you carry hot liquids
- Working in an industrial environment if a pipe should burst letting out hot steam
- Working in a commercial kitchen because you are more exposed to hot cooking oil, steam from boiling water and hot liquids
- Working in a beauty salon or as a hairdresser
Another thing that is noteworthy, is that should you work in a health and social care facility, the responsibility should you suffer a scald injury at work, would fall to the authority, owner, manager or operator of the facility. Health and Safety Executive statistics show that employees and other workers who work in the health and safety sector are at greater risk of suffering either a burn or scald injury at work due to the fact they frequently handle hot liquids which can reach temperatures as high as 44 degree Celsius due to the need to control harmful bacteria which includes Legionella bacteria.
The Health and Safety Executive published accident statistics every year which includes cases of burns and scalds suffered at work. These reports establish that around 600,000 employees and other workers are injured at work every year and that many injuries involve burns or scalds due to handle hot liquids.
If you were scalded at work and you can show employer negligence, you could be entitled to seek compensation by filing a personal injury claim. If you are unsure on how to pursue a claim, you can get in touch with a lawyer at www.accidentclaims.co.uk who would provide essential legal advice regarding scald claims against negligent employers.
Should an employer breach their legal duty to keep you safe from injury at work and as a direct result, you suffer a scald injury at work, they could be deemed responsible. The Management of Health and Safety at Work Act 1999 together with the Health and Safety at Work Act 1974, state that employers in the UK have a legal duty to ensure that a work environment is safe, clean and tidy. The law requires that employers regularly carry out risk assessments so that hazards and dangers can be identified. Employers must then set in place ‘reasonable’ measures to reduce the risk of harm and injury coming to all their staff whether permanent or temporary workers.
Should your employer fail to carry out frequent risk assessments of your work environment and you suffer a scald injury as a direct result, you could be entitled to seek compensation from them. The same applies if a fellow employee causes the incident in which you sustain a scald injury at work.
Any sort of burn or scald injury can be very painful with some symptoms that are typically associated with this type of injury including the following:
- Redness of affected skin
- White, charred skin
- Skin on the affected area starts to peel off
You could suffer a first degree burn at work which would affect the top layer of your skin. However, you may also suffer a second degree burn or scald injury at work which affects deeper layers of your skin namely the dermis and the epidermis. With this said, if your injury is extremely severe and a large area of skin is impacted, you could be left with permanent damage, scarring and damage to nerves in an affected area.
For a scald injury at work claim to be valid, you would have to show employer negligence and that you were not responsible for the incident that left you injured. However, if you contributed to the accident, you may still be able to seek compensation from an employer which is known as ‘contributory negligence’. With this said, the more evidence you have against an employer, the stronger your case would be which would include the following:
- Photos of the scald injury you suffered
- A medical report that details the extent of the workplace injury you sustained
- The report as recorded in the Accident Book if there is one in the workplace. If there is not, you should write a letter or personal email to your employer detailing the incident and the extent of the scald injury you suffered, remembering to keep a copy of the letter for your own records
- If you can, ask your employer for a copy of their company Health and Safety records
- Get witness statements together with their contact details
- Take photos of where the incident happened whether this is leaking equipment, pipes or because of insufficient signage around a hazardous area in a workplace
Your rights are highly protected in the workplace and employers must respect them at all times. If you are injured in an accident at work that left you with a scald injury, and you can prove the incident could have been avoided had your employer followed health and safety regulations and other laws that protect you at work, they could be held responsible for the injury you suffered. Your rights following a workplace accident include the following:
- To seek compensation for your distress, suffering, pain and loss of amenity
- To know that your job and position in the workplace is secure if you file a scald injury at work claim against an employer who could be held liable
Should your employer attempt to stop you from seeking compensation from them, or they threaten you in any way, you should get in touch with a personal injury lawyer at www.accidentclaims.co.uk because your employer would be in breach of the law and your worker’s rights.
If you are a full-time employee or a part-time worker, you are employed as an agency worker or temporary staff, or you are a contractor or self-employed but are working for an employer to do specific work, you could be entitled to file an accident at work claim if you suffer a scald injury through the negligence of someone else, whether this is your employer or a work colleague. Your case must meet specific criteria and a case must be filed within the statutory time limit for it to be valid.
As previously touched upon, should a work colleague cause the incident that left you suffering from a scald injury, your employer could be deemed liable because they are responsible for the actions of all their employees. In law, this is known as vicarious liability. Should this be the case, a personal injury solicitor would assess whether you have a strong claim against your employer and if they find that it to be so, the solicitor will typically offer to represent you on a No Win No Fee basis. In short, you could pursue a scald injury at work claim without any financial risk to yourself.
A court may rule that although you could be partly responsible for the scald injury at work you suffered, your employer may also be deemed partly liable which is known as ‘contributory negligence’. Should this be the case, ‘split liability’ would be applied to your claim and the amount of scald injury compensation you receive in a successful case, would reflect the ruling on your level of liability.
The way personal injury compensation is calculated is as follows:
- You would be awarded general damages to compensate for distress, pain, suffering as well as loss of amenity
- You would also receive special damages to reimburse all your expenses. You must provide evidence of your expenditure and this must be directly linked to the scald injury at work you suffered. As such, it is essential that you retain all your receipts
When you file a scald injury claim, you would be able to claim for the following:
- Your damages which refers to the distress, pain, suffering and loss of amenity. Loss of amenity refers to your ability to enjoy things and activities that you used to do before you were scalded at work and whether the injury you suffered negatively impacts your physical or mental capacity
- Your losses which would include loss of earnings and future wages, medical and travel expenses, care costs and all other expenditure that can be linked to your scald injury
There is a statutory deadline to making an accident at work claim which stands at three years from the date you suffered a scald injury at work. However, this statutory time limit may start at different times which are set out below:
- 3 years from when you turn 18 should the incident have happened before this time which means you have up till you turn 21 years of age to file a scald injury at work claim against your employer
- 3 years from the date a medical professional, specialist or consultant diagnoses you as having developed some kind of health condition they link to the scald injury you suffered
Providing you can show employer negligence, one of your rights is to seek compensation for any injury sustained in the workplace. An employer would be in breach of your rights if they attempt to talk you out of filing a personal injury claim against them. It is also compulsory for employers in the United Kingdom to take out liability insurance which covers accidents in the workplace as well as work-related health issues that employees may develop. The policy must meet the £5 million legal requirement and your employer should ensure it is place in a prominent position in the workplace for everyone to see.
If you were scalded at work and can show that either your employer was negligent or that a work colleague was negligent and as a result you were injured, the liability insurance provider would handle your claim and pay out the scalded at work compensation you receive as a settlement when you win the claim.
If you were involved in an accident at work and suffered a scald injury, the chances are you may have to take time off to recover. If you think your employer could be responsible for your injury, you should get in touch with a personal injury solicitor at www.accidentclaims.co.uk who would establish whether your case is strong and that your employer could be held liable which can typically be done over the phone in a no obligation, initial consultation that is free of charge.
As previously mentioned, a personal injury solicitor would establish liability on the part of your employer and determine whether your case is strong in an initial consultation that can typically be done over the phone. Once satisfied of the facts surrounding the accident at work that left you scalded, the solicitor would offer to act on your behalf on a No Win No Fee basis. This means you can seek accident at work compensation from a negligent employer without any financial risk.
There would be no upfront fee to pay for a personal injury lawyer to start working on your scald injury at work claim and there would be nothing to pay until you win your case. The ‘success fee’ that was agreed and which was set out in the No Win No Fee agreement you signed would only be payable when you are awarded compensation and is deducted directly from the money you receive with the balance being paid to you. Should you lose your scald claim at work, there would no fees to pay for the services that a personal injury solicitor provided.
If you would like more information about Accident Books in the workplace, please follow the link below:
If you were involved in an accident at work and suffered an injury through no fault of your own, the following link provides information on the Health and Safety at Work Act:
For more information about your employer’s responsibilities towards you and your fellow employees, please click on the link provided below: