In this guide, we’re going to discuss how to claim compensation after a scald injury. Scald injuries can be very painful and sometimes have serious consequences.
Nobody wants to be the victim of a scald injury. And when it’s the result of someone else’s negligence, then the situation can be extremely frustrating.
Making a personal injury claim gives you the chance to be compensated for a scald injury that was not your fault. This guide will offer guidance and advice about making a claim for compensation after an accident. We’ll illustrate this through a case study in which a person who suffers a scald injury through no fault of their own receives a compensation payout of £13,000.
The list below details all of the sections in this guide that you can navigate through to get the relevant information. But if you wish to do so, you can get in touch with our expert team right away. This could allow you to start your claim for compensation right away.
Choose A Section
- A Guide To Claiming Compensation Payouts For A Scald Injury
- What Is A Scald Injury?
- How Can You Suffer A Scald Injury At Work?
- Scald Injury In A Public Place
- How Can You Suffer A Scald Injury In A Road Traffic Accident?
- Our Specialists Can Advise On Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £13,000 For A Scald Injury
- Free Legal Advice That Can Help Value Your Payout
- No Win No Fee Policies Made Easy For Victims
- Your Free Legal Advice From Our Team Of Advisors
- More Resources And Guides On Scald Injuries
- Scald Injury FAQs
In the following guide, we begin by covering what a scald injury is. We’ll look at the different severities of scald injuries that you might sustain, as well as how the symptoms and treatments can vary.
Then, we will explain what a duty of care is and how one is owed to you in different scenarios, including at work, on the road and in public. We also detail the process of calculating compensation while breaking down what a typical compensation payout may consist of.
After looking at a case study, we will look at No Win No Fee agreements and how you may benefit from them. We will summarise by answering some commonly asked questions about scald injuries and providing you with resources for further research.
Personal Injury Claims Time Limit
There is a three-year time limit on making a personal injury claim for compensation following a scald injury. This runs from the date that the accident took place or the date of knowledge.
There are some exceptions to this time limit. For example, if a child suffers a scald injury through someone else’s negligence, they cannot bring a claim themselves until they turn 18. An adult can claim on their behalf as a litigation friend while they are still a minor. However, if a claim hasn’t been made by the time the injured person reaches the age of 18, then they can make their own claim up until their 21st birthday.
A scald injury is damage to the skin caused by wet heat, such as from hot liquid or steam. This is in contrast to a burn, which is caused by dry heat such as fire. Burns and scalds share many of the same symptoms, and the treatment for both is the same.
Scald injuries are categorised by how many layers of skin have suffered damage. Scalds are divided into the following categories:
- Superficial epidermal burn- where only the outer layer of the skin, the epidermis, is affected. The skin may be slightly swollen, red and painful, but there won’t be any blistering.
- Superficial dermal burn- where the epidermis and part of the next layer of skin (the dermis) are damaged. There may be some small blisters, and the skin will be pink and painful.
- Deep dermal/partial thickness- where the epidermis and the dermis are both damaged. The skin will be red and blotchy. It can be either dry or moist, and the injury may cause you some pain or none at all.
- Full-thickness burn- where the epidermis, dermis and subcutis (the deepest layer of skin) are all damaged. The skin underneath may become pale or blackened. The texture of the skin could be waxy or leathery.
Some scars may heal of their own accord, but more serious scars may require skin grafts to heal properly. Serious scalds may require you to be referred to a specialist burn service. You may need a skin graft in order for the scald to heal and will usually be left with some scarring.
In order to make a claim for a scald injury, you need to be able to show that your injuries were caused by the negligence of someone who owed you a duty of care. If you can show that you were owed this duty of care and that it was breached, resulting in injury, then you may be entitled to compensation.
There are several places where a third party owes you a duty of care. One of the places that you are owed a duty of care is while in the workplace. The expectations on your employer to ensure your wellbeing in the workplace are outlined in the Health and Safety at Work etc. Act 1974 (HASAWA).
This states that your employer should do all that’s reasonably practicable in order to ensure that you’re free from the risk of harm in the workplace. They can do this by carrying out regular risk assessments, ensuring that all employees receive the proper training and personal protective equipment (PPE) for their role and making sure that all equipment and machinery used is safe and well-maintained, amongst other things.
An example of an accident caused by an employer’s negligence could include someone being scalded by a hot drinks machine that was faulty. Similarly, if an employer did not provide someone with the proper PPE to protect them from the risk of scald injury, then they may be able to make a claim for compensation.
You are also owed a duty of care while out in public spaces. The Occupiers’ Liability Act 1957 says that the person in control of a public space (the “occupier”) has a responsibility to safeguard members of the public who use the space for the purpose intended. The occupier should be someone who could be reasonably expected to predict that an accident might take place, and they should have the power to remove a hazard and reduce the risk of injury.
A scald injury in a public place could happen if you are served coffee that the waiter or waitress accidentally spills on you. If you are left with an injury you could make a public liability claim.
When you’re on the road, the duty of care that you owe to others and that’s owed to you is outlined in the Highway Code. Reading the code, we can see that all road users are expected to adhere to the standards of skill and care of the average motorist. When driving, you’re expected to act in a way that ensures the safety of yourself and others. A road user might neglect their duty of care by speeding, failing to pay attention to the road and driving under the influence of drink or drugs, amongst other things.
In a car accident, you may suffer a scald injury if you’re exposed to steam or another hot liquid as a result of the crash. If you can prove that the accident was the result of someone else neglecting the duty of care they have towards you, then you may be able to make a claim.
You may be wondering, “how is my personal injury claim calculated?”. A typical personal injury settlement is made up of two heads of claim. The first of these heads is referred to as general damages.
The general damages head of your claim will be based on your injuries themselves. It will depend on the severity of your injuries, how they have affected your quality of life and how long your recovery has been or is likely to be.
In order to calculate your general damages, your solicitor will arrange a medical assessment for you with an independent expert. This expert will examine your injuries and speak with you about the impact that they have had on you. They’ll then include all their findings in a medical report which will be sent to your solicitor.
Your solicitor will use this document and the Judicial College Guidelines (JCG) to value your compensation settlement. The JCG sets out guideline compensation award brackets for different kinds of injuries of varying severities.
The second head of a personal injury claim is special damages. Special damages seeks to compensate you for any financial losses you’ve experienced as a direct result of your injuries.
This can include things like:
- Lost earnings for the time you’ve had to take off work
- The cost of any treatment that you’ve not been able to get on the NHS
- The cost of home adaptations
- Care costs
- Travel expenses
In order for something to be included in your claim, you need to be able to provide evidence, so it’s a good idea to keep a record of all bills, receipts and invoices relating to the costs you’ve incurred.
It’s difficult to give a full list of the expenses that can be included in special damages as each case can vary quite drastically. We’d recommend getting in touch with our team today to see if your expenses could be included in the special damages head of your claim.
Mr McGinlay, 29, worked as an electrician with a construction company. He and his team worked on sites around the city but met every morning at their central office to go over the day’s duties. Mr McGinlay was making tea and coffee for his colleagues one morning. As he poured the tea into one of the mugs, the latch on the lid of the kettle came loose, causing boiling hot water to pour out. Some of this water splashed on Mr McGinley’s hand and forearm.
Mr McGinlay was immediately in a great deal of pain. His skin was red and swollen, and he noticed that blisters were beginning to form. He ran the scald under cold water at the sink, but the size of the burn and the pain that he was feeling made him decide to seek medical attention.
One of Mr McGinlay’s colleagues drove him to the local A&E. The colleague told him that they’d noticed a problem with the latch on the kettle a week before. Immediately, they had let the supervisor know that the kettle was faulty. Instead of replacing or removing the kettle, they were told to take more care when pouring hot drinks in the future.
Mr McGinley had been out of the office when this conversation had happened. Furthermore, nobody had relayed the information to him. He didn’t blame his colleagues for failing to make him aware but felt very angry that his supervisor had allowed such a risk to safety to remain in use.
Mr McGinley’s Recovery
In the hospital, it was confirmed that Mr McGinlay had suffered a partial thickness burn to his hand and forearm. His wound was dressed, and he was prescribed painkillers. This meant that he had to take 4 weeks off work.
He was also unable to cook and clean for himself. Because of this, he arranged for his sister to come around once a week to clean and batch cook for him. He was also unable to drive as the pain in his hand prevented him from being able to change gears. This meant that he relied on public transport to get around.
The scarring on his hand and arm was quite extensive and caused quite a knock to Mr McGinlay’s confidence. He underwent scar treatment which wasn’t available on the NHS.
After talking to a personal injury lawyer, Mr McGinlay decided to file a personal injury claim against his employers. Mr McGinlay was awarded £13,000 in compensation, with £9,710 being general damages and £3,290 being special damages.
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Lost earnings from being unable to work for a month||£1,700|
|Medical Costs||Costs of medical treatment during his recovery||£940|
|Transport Costs||Costs of using public transport for journeys||£150|
|Care costs||The cost of his sister coming to help cook and clean while he recovered||£500|
Note: This is not a real account of an accident claim. It is only a guide of what you may expect when claiming for a scald injury. It’s based on our experience in assessing claims.
We provide a consultation at no charge to anyone considering making a claim. So when it comes to your scald injury, we could advise you about what to expect when filing a claim.
You may have seen online that some websites offer compensation calculators which collect details from you and estimate your claim. These sites will be able to give you an estimated claim value. However, you will find that the valuation our team offers is more precise. This is because we collect all the details we need about your claim in order to give you an accurate estimation.
Many of us have heard the term “No Win No Fee” in conjunction with personal injury claims. But what does it actually mean to have a No Win No Fee agreement with your solicitor?
A No Win No Fee agreement can sometimes be referred to as a Conditional Fee Agreement. It’s a contract between you and your solicitor which sets out the conditions that must be met in order for them to receive payment.
When you have a No Win No Fee agreement with your solicitor, you won’t be asked to pay anything to your solicitor:
- Before your claim starts
- While your claim is ongoing
- In the event that your claim is unsuccessful
If you do receive compensation, then a success fee will be taken from your settlement amount to cover your solicitor’s fees. The percentage of your settlement to be taken will be agreed upon before the claim starts. It’s also legally capped, meaning that you’ll receive the majority of your compensation.
Thank you for reading our guide on claiming for a scald injury. Our team will be happy to offer you free legal advice about moving forward with your claim for compensation. Alternatively, if you have any further questions about claiming that you would like answered, we can provide you with more information. There’s no obligation to pursue a claim just from getting in touch with us.
You can get in touch by:
- Calling us on 0161 696 9685
- Using our Live Chat, which you can see in the bottom right-hand corner
- Filling out our online form
We appreciate that you are taking the time to read our guide about claiming compensation for a scald injury. Below, we’ve provided some resources that you may find useful.
Employment Rights in the UK- Our guide to your rights at work can help you claim compensation if you’ve been injured in an accident at work.
How Is Personal Injury Calculated?- If you’d like to take a closer look at how compensation is calculated, our helpful guide could give you the information you need.
Permanent Scar Claims– If you’ve been left with a permanent scar following an injury caused by negligence, you may be able to claim. Please read our guide to find out more.
RoSPA- The Royal Society for the Prevention of Accidents are a charity providing skills, knowledge and information in aid of reducing the number of accidents causing injury.
Burns and Scalds– This NHS guide provides information on burns and scalds, including treatment, recovery and possible complications.
Changing Faces- This charity provides help and support for people living with scars and other visible differences, including those resulting from burns and scalds.
What is a scald injury?
A scald injury is when the skin suffers a wet burn, such as from boiling water, a hot liquid or steam.
How severe is a scald injury?
Scald injuries can range from minor to very severe. More severe scalds will take longer to heal than minor ones.
For how long could a scald injury hurt?
A scald injury might cause you pain and discomfort for several days or even longer. However, some partial thickness scalds and burns may not cause the injured person any pain at all.
Page By KG
Published by NS