Making A Claim For Burns At Work – Scotland Guide
In this guide, we provide information about when you could be eligible to claim for burns at work following a workplace accident in Scotland.
Burns at work claims guide
We will discuss the relevant legislation under which employers owe their employees a duty of care.
Additionally, we will look at examples of how someone could sustain a burn injury if this is not adhered to.
Furthermore, this guide will discuss the compensation payout you could be awarded if your claim succeeds and how it aims to address the ways in which your injury has impacted your life.
There are several steps you can take as part of the claims process, which accident at work solicitors for Scotland could help with. We will provide further details on this throughout our guide as well as exploring how the option of a No Win No Fee arrangement could benefit you.
To learn more about work injury claims, keep reading. Alternatively, we’ve provided a variety of methods you can use to contact our advisers. They can answer your questions during a free consultation, so reach out to Accident Claims Scotland Co today:
- Call the phone number above
- Speak to an adviser using our chatbox below
- Send your details via our ‘contact us’ form
Choose A Section
- When Are You Eligible To Claim For Burns At Work?
- How Could Employer Negligence Cause Burns At Work?
- Potential Evidence When Seeking Burn Injury Compensation
- What Workplace Injury Compensation Could You Receive?
- Use Our Panel Of Accident At Work Solicitors To Claim
- Learn More About Claiming For Burns At Work
When Are You Eligible To Claim For Burns At Work?
According to the Health and Safety at Work etc. Act 1974, employers owe a duty of care to their employees, which means they must take reasonable steps to ensure the safety of those present in the work environment.
You could begin a workplace accident claim when you can show your employer did not uphold their duty of care and you sustained a physical or emotional injury as a result. This is defined as negligence, which can form the basis of a valid claim.
Our advisers can tell you more about the process behind these kinds of personal injury claims, so please get in touch to learn more.
How Could Employer Negligence Cause Burns At Work?
Burns at work could be sustained for many reasons. For example:
- Your employer fails to provide Personal Protective Equipment (PPE) that a health and safety risk assessment determines is necessary for a certain activity. This kind of equipment could include gloves and goggles to help when handling hazardous substances. Without it, you may have sustained a chemical burn.
- An employer fails to provide you with sufficient training to carry out your job safely. This means you sustain a second-degree burn when operating equipment in a factory without the relevant training.
- Your employer could supply you with faulty equipment that they have failed to regularly maintain. This could lead to chemical, electrical or thermal burns.
To make a personal injury claim following an accident at work, you must be able to show they occurred because your employer breached the duty of care they owed you.
Speak to our advisers if you have questions relating to your potential claim.
Is There A Time Limit To Making A Workplace Accident Claim?
According to the Prescription and Limitation (Scotland) Act 1984, accident at work claims must be started within 3 years. This can start from the date of the accident.
Certain exceptions exist to these limits. For instance, they are suspended for individuals under the age of 16 and adults without the mental capacity to claim.
If you have questions about these time limits or their exceptions, speak to our team of advisers about claiming for burns at work.
Potential Evidence When Seeking Burn Injury Compensation
Work-based personal injury claims will benefit from evidence that shows negligence occurred. This could include:
- Photos of the area or your injuries
- CCTV footage showing the incident happening
- Contact details for anyone who witnessed the incident
- A copy of your medical records
It’s important to note that a solicitor for Scotland can help you identify and collect evidence that may prove useful for your claim. Another service they offer is to help you collate it before it is filed.
What Workplace Injury Compensation Could You Receive?
Successful workplace accident claims for burns at work could award compensation that includes up to two heads of claim. These are called general damages and special damages, and they compensate you for different aspects of the suffering you experienced.
General damages are intended as a way to compensate you for the physical or psychological suffering caused by your injuries. A solicitor can calculate the value of general damages using the Judicial College Guidelines (JCG) from Judiciary UK. This is a document that contains compensation brackets for different injuries.
Please be aware that the following figures are intended only as guidelines. Any settlement you receive could vary.
Type of Injury | JCG Brackets | More Details |
---|---|---|
Scarring to Other Body Parts | Likely to exceed £104,830 | Significant burns covering 40% or more of the body. |
Scarring to Other Body Parts | £7,830 to £22,730 | This award bracket is likely to include cases in which there is a single disfiguring scar to the chest, back, hand(s), arm(s), or leg(s). |
Very Severe Facial Scarring | £29,780 to £97,330 | Award for relatively young individuals who suffer severe psychological reaction and very disfiguring cosmetic effect. |
Less Severe Facial Scarring | £17,960 to £48,420 | Significant psychological reaction and substantial disfigurement. |
Significant Facial Scarring | £9,110 to £30,090 | Psychological reaction is not great and the worst affects are reduced by surgery. |
Less Significant Facial Scarring | £3,950 to £13,740 | Overall effect does not markedly affect individual's appearance. May include one scar or a number of very small scars. |
Trivial Facial Scarring | £1,710 to £3,530 | Individual suffers only a minor effect. |
Claiming For Financial Losses In An Accident At Work Claim
Burn injury compensation settlements could include a second head of claim called special damages. These are intended to reimburse you for financial losses incurred due to your injuries. For instance, it could help you recoup:
- Specific treatment costs
- Past and future lost earnings
- The cost of domestic care
- Travel costs
It could be worth keeping receipts and invoices, as you must provide financial evidence regarding any losses you try to claim for.
If you have questions about a specific financial loss you’ve encountered due to burns at work, ask our advisers if it’s possible to claim for it through special damages.
Use Our Panel Of Accident At Work Solicitors To Claim
If you are considering claiming for an accident at work in Scotland, a No Win No Fee solicitor could offer you a way to access their services that means you can avoid paying upfront charges and ongoing fees in doing so.
The solicitors on our panel could offer to work on your claim under either a Speculative Fee Agreement or Damages Based Agreement as per the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.
This generally means no fees will be required for the work your solicitor has done if your claim fails. Instead, your solicitor would take a success fee when the claim concludes successfully. This is taken from your compensation, but a legislative cap is in place to restrict how much the solicitor can take. This means that you can receive the majority of your compensation.
If you’d like to know more about the claims process, our advisers can help. They can offer you a free consultation to ask questions you may have about claiming for burns at work. Furthermore, if they feel your claim is valid, they may be able to put your details before one of the solicitors on our panel. To learn more today:
- Call the phone number above
- Speak to an adviser using our chatbox below
- Send your details via our ‘contact us’ form
Learn More About Claiming For Burns At Work
For external resources on this topic, please try the following links:
- Changing Faces – A registered charity that provides support for those with scars, burns, or marks on their faces
- Statutory Sick Pay (SSP) – Information from the government about sick pay following an absence from work
- Employer’s Responsibilities – Resource from the Health and Safety Executive (HSE), which is the independent regulator for health and safety in the workplace
Thank you for reading this article about claiming compensation after sustaining burns at work. Our team of advisers are available 24/7 if you have further questions or would like to enquire about starting a claim.
Writer Morgan Francis
Editor Meg Murial