If the correct health and safety procedures are not followed within a factory environment, employees can be at significant risk of falling victim to an…
Burn injury at work compensation claim
If you’ve suffered a burn injury at work and it wasn’t your fault, you could be eligible to make a personal injury claim against your employer.
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Burn Injury at Work Claims
Burn injuries at work can cause severe pain, permanent scarring and long-term health complications. If the injury was due to your employer or someone else’s negligence, you may be entitled to make a burn injury at work claim.
These injuries can result from contact with open flames, chemical spills, electrical accidents, and other workplace hazards. Compensation can help cover the pain and suffering caused by the injury, lost earnings during recovery, medical treatment costs and any other related expenses.
A specialist burn injury solicitor can review your case and advise whether you have grounds to pursue a claim. For a free no-obligation consultation, call 0800 470 0474 today or use our online contact form to request a call back.
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Table of Contents
Can I claim compensation for a burn injury at work?
You may be able to claim compensation if your burn injury was caused by unsafe working conditions or employer negligence. To make a successful workplace injury claim, you must be able to prove the following:
- Your employer owed you a legal duty of care.
- They failed to meet the required health and safety standards.
- Their negligence caused you to suffer a burn injury.
- You are within the legal time limit for starting a claim.
If these criteria are met, a specialist personal injury solicitor can help you claim compensation for your injuries and related losses.
Who is responsible for a burn injury at work?
In most cases, employers are responsible for ensuring a safe workplace and mitigating the risks of burn injuries and other accidents. Under the Health and Safety at Work etc. Act 1974, an employer’s responsibilities include:
- Carrying out regular risk assessments.
- Providing proper training and supervision.
- Supplying adequate personal protective equipment (PPE) free of charge.
- Making sure all PPE is fit and in good condition.
- Maintaining equipment and machinery.
- Using clear signs to warn of known dangers.
- Implementing safe working procedures.
If your employer failed to meet these obligations and you suffered a burn injury due to an accident at work, you could claim personal injury compensation.
Common causes of burn injuries at work
Burn injuries can occur in many industries, including manufacturing, restaurants, electrical work, construction, oil rig drilling and medical laboratories. These commonly result from accidents involving:
- Contact with hot surfaces or open flames
- Dangerous chemicals such as strong acids and solvents
- Electrocutions caused by faulty wiring, equipment or power lines
- Steam or hot liquids
- Fires or explosions in the workplace
- Exposure to UV rays or X-ray machines
If your employer has failed to provide the proper training, PPE and safety measures to keep you safe from these risks, you may be entitled to make a burn injury compensation claim.
Is there a time limit for making a workplace burn injury claim?
Under the Limitation Act 1980, you typically have three years from the accident date to start a burn injury at work compensation claim. Failing to do so may result in your case being statute-barred.
There are some exceptions:
- If you were under 18 at the time of injury, the 3-year limitation period begins on your 18th birthday.
- If the injured party lacks the mental capacity to manage their own legal affairs, the limitation period is put on hold unless they recover capacity.
Seeking legal advice as soon as possible can help ensure that your claim is handled effectively and that you do not miss any important deadlines.
How do I make a workplace burn injury claim?
Here are the steps you should take if you suffered a burn at work and you want to make a personal injury claim for compensation:
- Speak with a solicitor – Get in touch with a specialist burn injury solicitor to find out if you have a valid claim and what legal options you have.
- Gather evidence – If you are eligible to proceed, your solicitor will gather evidence related to your accident and injury to build a strong claim.
- Letter of claim – Your employer and their insurer are informed of your allegations of negligence and the compensation you seek.
- Negotiations – If liability is admitted, many claims are settled through negotiations with the defendant’s insurer.
- Court proceedings – If liability is denied or negotiations fail, your case may proceed to court.
- Compensation – If successful, you will receive compensation for your injuries and financial losses.
How much compensation can I claim for a burn injury at work?
The amount of compensation you could receive depends on the severity of your injuries and the impact on your life. A successful burn injury at work claim may cover two types of damages:
- General damages – the injury suffered and the pain and loss of amenity it has caused you.
- Special damages – the related financial losses and expenses, such as loss of earnings, treatment costs, rehabilitation and care and support needs.
According to the Judicial College Guidelines, the following burn at work compensation amounts may apply for general damages alone:
| Injury type | Description | Compensation amount |
|---|---|---|
| Facial burns and scarring | Burns resulting in minor to moderate facial scarring | £1,710 to £13,740 |
| Burns resulting in significant facial scarring | £11,120 to £36,720 | |
| Burns resulting in severe to disfiguring facial scarring | £36,340 to £118,790 | |
| Body scarring | Minor to severe scarring to other body parts | £1,890 to £27,740 |
| Severe burns | Significant burns to 40% or more of the body | Likely over £127,930 |
| Psychological injuries | Psychological injuries caused by the accident, depending on severity | £4,820 to £122,850 |
An accident at work solicitor can provide a more accurate estimate of your compensation prospects during a free consultation over the phone.
Can I make a no win no fee claim for a burn injury at work?
Yes. If you are entitled to compensation for the harm you suffered, you can hire legal representation under a conditional fee agreement, which means that:
- You won’t pay any upfront legal fees.
- Your solicitor only receives a success fee if your claim is successful.
- If the claim is unsuccessful, you won’t have to pay your solicitor a fee.
The success fee paid to your solicitor is deducted from your compensation for general damages and past financial losses and capped at 25%.
What are the different types of burn injuries at work?
Workplace burn injuries represent a significant workplace risk in certain industries. Based on their cause, these can be broadly classified into:
- Thermal burns – Caused by contact with flames, hot surfaces, steam, or hot liquids
- Chemical burns – Caused by corrosive substances, such as acids, solvents and cleaning agents
- Electrical burns – Caused by electrical currents passing through the body
- Radiation burns – Caused by too much exposure to UV light or X-rays
- Friction burns – Caused by contact with moving machinery or rough surfaces
Each type of burn can cause serious damage to the skin and underlying tissues.
How are burn injuries classified?
According to the NHS, burn injuries are commonly classified based on severity into four main types:
- First-degree burns – Only affect the outer layer of the skin and may cause mild swelling, pain and redness.
- Second-degree burns – Affect the outer layer and some of the underlying layer of skin, causing swelling, blistering and more severe pain.
- Third-degree burns – Damage both layers of skin and can also damage nerves, meaning the burn may be painful or painless.
- Fourth-degree burns – Damage all skin layers and can also affect fat, nerves, muscles and bones.
The severity of the burn will significantly influence the level of compensation awarded.
What is the treatment for burn injuries?
Treatment depends on the type and severity of the burn. Minor injuries can be treated by cooling the burn with running water, cleaning and dressing the wound. More serious burns may require hospital treatment, including:
- Debridement of dead or contaminated tissue
- Special dressings and antibiotics to prevent infection
- Surgery and skin grafts
- Physiotherapy and rehabilitation
- Amputation of the affected body part
- Psychological support for trauma and scarring
What evidence do I need to support a burn at work claim?
If you want to begin a personal injury claim against your employer, you need evidence to prove their negligence and the losses you suffered. This may include:
- Medical records documenting the severity of the burn, the treatments you received and your prognosis.
- Clear photos of the burn, recovery process, scarring and the hazardous scene immediately after the accident.
- A copy of the formal accident report filed in the company’s accident book.
- Witness statements from coworkers or bystanders who saw the incident or were aware of unsafe conditions at work.
- Workplace documents, such as training and maintenance records.
- If available, CCTV footage showing how you sustained a burn injury.
- Copies of official reports from the Health and Safety Executive (HSE), if available.
- Financial records proving your losses, such as receipts for medical expenses and proof of lost wages.
Frequently asked questions
Under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), employers must report serious burns to the HSE if they:
- Cover over 10% of the body.
- Cause significant damage to the respiratory system, eyes or other vital organs.
If your burn injury meets the reporting criteria, you should check whether your employer has reported the incident to the HSE, as this official record may help support your claim.
No. It would be unlawful for your employer to dismiss you or treat you unfairly simply because you made a legitimate claim for an injury at work. This could amount to unfair dismissal or constructive dismissal under the Employment Rights Act 1996 and may give you grounds to pursue a separate claim at an employment tribunal.
Yes. You can still make a workplace burn injury claim even if you were partially at fault for your injuries, which is known as contributory negligence.
However, your compensation will likely be reduced based on your level of fault. For example, if you are owed £40,000 and you are found 25% to blame, you would still receive £30,000.
Yes. You could make a claim as a litigation friend on behalf of a loved one who is under 18 or an adult who cannot manage their own affairs due to the injury or a pre-existing condition.
You may also be able to claim if you lost a loved one due to severe burn injuries at work. A fatal injury claim can cover loss of financial support, loss of services, funeral expenses and bereavement damages of £15,120.
Workplace burn injury claims may take between 6 and 18 months for straightforward cases where liability is admitted. Claims for severe burn injuries and disputed cases can take several years.
If you suffered a burn injury at work, contact us today for a free consultation with a specialist solicitor, as you may be entitled to compensation. You can call 0800 470 0474 or use our online claim form to request a call back, with no obligation to proceed.
