Many chemicals used in the workplace can be dangerous and could cause serious injury if they are mishandled or spilt. If you’ve suffered a chemical burn at work in an accident, you might be wondering if you are eligible to claim compensation. Our detailed guide begins by explaining the personal injury claims eligibility criteria and the duty of care you are owed while working.
From this, we look at different workplace accidents that could lead to chemical burn injuries. Additionally, this guide provides useful information on how compensation is calculated in a personal injury claim.
As the guide continues, you can also see what evidence could help your case and learn how an expert personal injury solicitor from our panel could help you claim on a No Win No Fee basis.
You can discuss your potential accident at work claim today by reaching out through our free, 24/7 support service. Our advisors can help answer any questions you may have about the claiming process, as well as offer you free advice for your case.
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Choose A Section
- When Can You Make A Chemical Burn At Work Claim?
- How Could You Suffer From A Chemical Burn At Work?
- How Much Compensation Could You Receive For Chemical Burns?
- What Can Help You Claim For A Chemical Burn At Work?
- Why Claim Chemical Burn Compensation On A No Win No Fee Basis?
- Read More Related To Chemical Burn Claims
When Can You Make A Chemical Burn At Work Claim?
Your employer has a legal duty to keep you safe while you are working and within the workplace. This duty is summarised by the Health and Safety at Work etc. Act 1974, which states that employers must do everything reasonable and practicable to prevent employees from being harmed at work.
Additionally, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) compels employers to assess the risks that arise from the use of dangerous substances and hazardous chemicals and to take steps to prevent or at least adequately control those risks.
There are many steps an employer could take to help prevent you from suffering chemical burn at work. These could include:
- Providing staff with appropriate and sufficient personal protective equipment (PPE), such as goggles and safety gloves, when needed.
- Making sure all staff have received adequate training on how to handle these chemicals.
- Carry out regular risk assessments and address any hazards they become aware of.
If you were in an accident at work that caused you to sustain chemical burns, you may be eligible to make a personal injury claim. However, your case must meet the following criteria:
- The employer owed you a duty of care at the time and place of the accident.
- They breached their duty.
- This breach led to the accident and caused your injuries.
How Long Do You Have To Make A Chemical Injury Claim?
The Limitation Act 1980 sets out the time limit for personal injury claims. Generally speaking, the time limit for starting a claim is three years from when the accident happened.
Some exceptions are made to this time limit in cases where the injured person is under the age of 18, or if they lack the mental capacity to handle their own legal proceedings.
To see whether you may be eligible to sue your employer after suffering severe chemical burns in an accident at work, you can contact our advisors. They can also discuss with you the expectations that apply to the personal injury claims time limit.
How Could You Suffer From A Chemical Burn At Work?
There are various ways that you could suffer a chemical burn at work. Some examples may include:
- Despite knowing you hadn’t received any training, your employer still asked you to handle dangerous chemicals as part of your work duties. Due to this lack of training, you suffer chemical burns to your hands.
- Your employer failed to provide you with PPE, such as a splatter guard. This causes you to suffer severe burns to your face and affects your eyesight.
- Your employer failed to notice that a chemical storage container was leaking due to a lack of risk assessments. This could cause you to suffer chemical burns if you were to come into contact with this leak.
These are only a few examples of potential accidents that could lead to chemical burns claims. To check the eligibility of your potential chemical burn injury claim, you can contact a member of our advisory team.
Information About Different Types Of Burns
Burns are assessed by which layers of your skin have been affected and how seriously your skin has been damaged. There are 4 main types of burns, these are:
- Superficial epidermal burns. This means that the epidermis (outer layer of the skin), is affected. The skin will be painful, red and slightly swollen.
- Superficial dermal burns. Both the epidermis and part of the dermis (the layer of tissue just beneath the outer layer of skin), will be damaged. The skin will be painful and pale pink. There may also be small blisters.
- A partial-thickness burn. This is also called a deep dermal burn. This is where the epidermis and the dermis are both damaged. The skin will be blotchy and red. It may also become blistered and swollen.
- Full-thickness burns. This is the most severe burn injury. It’s where the epidermis, dermis and subcutis (the deep layer of tissue and fat) have been damaged. Usually, the skin has burnt away, with the skin underneath appearing blackened or pale.
If you have suffered a burn injury at work due to handling hazardous substances, you can contact our advisors to see whether you may be able to make a personal injury claim.
How Much Compensation Could You Receive For Chemical Burns?
A successful compensation claim for a chemical burn at work will see you receive a payout. This could be made up of up to two heads of loss.
The first head of loss is known as general damages, and it is awarded in all successful claims. It compensates you for the physical pain and mental suffering you have experienced due to your injuries.
When your claim is being valued for general damages, those responsible will refer to any medical evidence provided for guidance. Some may also refer to the guideline compensation brackets found in the Judicial College Guidelines (JCG). This lists a range of different injuries and assigns them compensation guidelines.
Aside from the first entry, we have used some of these entries in the table below.
Please note that this table should be used as a guide and that there is no average payout for injury at work claims, as compensation is awarded on a case-by-case basis.
Compensation Table
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Serious Injuries And Financial Losses | Very Severe | Up to £350,000+ | Compensation for numerous forms of financial loss, such as a loss of earnings, in addition to multiple cases of significant harm from chemical burns. |
| Injuries Affecting Sight | Total Blindness | In the region of £268,720 | Compensation for the loss of sight in both eyes. |
| Scarring To Other Parts Of The Body | Serious Burn Injuries | Likely to exceed £104,830 | This applies when significant burns cover 40% of the body, or more. The percentage body area contributes to the amount awarded. |
| Noticeable or Disfiguring Scars | £7,830 to £22,730 | A number of noticeable laceration scars or a singular disfiguring scar to the chest, back, hands, arms or legs. | |
| Chest | Traumatic Injury | £65,740 to £100,670 | Injury to the chest, lung(s) and/or the heart. It results in multiple issues including permanent damage and reduced life expectancy. |
| Damage To Chest And Lung(s) | £31,310 to £54,830 | The damages causes some degree of ongoing disability. | |
| Facial Disfigurement | Very Severe Scarring | £29,780 to £97,330 | Affecting relatively young people, typically from teenage years to early 30s. The cosmetic and psychological effect is severe. |
| Less Severe Scarring | £17,960 to £48,420 | Disfigurement is substantial and the psychological reaction is significant. | |
| Significant Scarring | £9,110 to £30,090 | Plastic surgery reduces the worst effects. It leaves some cosmetic disability and the psychological reaction is not great. | |
| Less Significant Scarring | £3,950 to £13,740 | Less significant facial scarring but doesn't markedly affect the injured person's appearance. |
Special Damages For Chemical Burn Injury Claim
The other head of loss that may be included within your burn injury claim payout is special damages. This addresses the financial losses that your injuries have caused you to experience. Under this heading, you could be compensated for:
- A loss of earnings if you are unable to work due to your burns.
- Travel fees, such as buses or taxis to essential appointments.
- Medical expenses. This could include unavoidable costs of medical treatment or prescriptions.
Contact our advisors today if you have any questions regarding the chemical burn injury claims process. They can also provide you with a free valuation of your case.
What Can Help You Claim For A Chemical Burn At Work?
When making a claim for compensation, you must prove that your chemical burns were caused by your employer breaching their duty of care.
Some examples of evidence you could gather to help support your chemical burn at work claim include:
- CCTV footage of how the accident happened.
- Photos of the accident scene and your burns.
- A copy of your medical records detailing the type of burns you suffered and their treatment.
- A copy of the report from the workplace accident book.
- Witness contact information, as a statement could be taken from them at a later date.
- Proof of any financial losses you wish to claim for. For example, payslips could help with proving any lost earnings.
If you decide to work with a solicitor on your case, they could help you with gathering this evidence. Contact one of our advisors today to see whether you could potentially work with one of the solicitors on our panel for your chemical burn at work claim.
Why Claim Chemical Burn Compensation On A No Win No Fee Basis?
Provided that you have an eligible claim, one of the personal injury solicitors on our panel could help you with your case. As well as providing you with free legal advice and guiding you through the claiming process, one of the solicitors on our panel may offer to work with you under a Conditional Fee Agreement.
This is a particular kind of No Win No Fee arrangement that comes with various benefits, such as:
- No upfront service fees to pay.
- Nothing to pay for your solicitor’s retained services throughout the claiming process.
- Nothing to pay for their work if the claim is not successful.
A success fee will be taken out of your compensation by your solicitor if the claim is a success. The law implements a legal cap for the percentage that can be taken as this fee.
If you have suffered a chemical burn at work, and would like to know whether you may have a valid personal injury claim, you can contact our advisors. They may also connect you with a No Win No Fee solicitor from our panel if they deem you to have a strong case.
Contact us today to discuss your potential claim.
Read More Related To Chemical Burn Claims
Here are some more of our guides:
- Guidance on when you may be able to make a scalp burn injury claim and the compensation you may receive.
- Further pointers on what to do if you suffer an injury in a workplace accident.
- Our accident at work claim FAQ answers some important questions.
Some further background information:
- NHS information on treatments for burns and scalds.
- Government guidance on requesting CCTV footage of an incident.
- Guidance of chemical manufacture and storage from the Health and Safety Executive (HSE).
We hope this guide has helped you understand more about claiming compensation for a chemical burn at work. If you have any questions about making a personal injury claim, please contact our advisors.