By Marlon Wilkinson. Last Updated 14th December 2022. Few things could debilitate you more than suffering a burned hand injury, especially if that injury is severe. We use our hands for pretty much every task we carry out day to day, from brushing our teeth, to cooking our food to driving our car. So if they become injured, and therefore unusable, it could significantly impact your life – even if only for a short period of time.
This can be frustrating enough as it is, but if you injured your hands during an accident that could have been avoidable, it would literally add insult to your injury. Third-party negligence might have played a part in you becoming injured, and if that’s the case, and you’re able to prove it, you may be entitled to claim burned hand injury compensation.
Our guide will examine how the process of claiming compensation might work. We aim to do this using an example case study for a £65,000 compensation payout for a burned hand injury, and by breaking down the evidence, we’ll show you what you would need to prove your case.
If at any point you’d like to take advantage of our free legal advice, simply get in touch with our personal injury claims team today.
Select a Section:
- A Guide To Claiming Compensation Payouts For A Burned Hand Injury
- What Is A Burned Hand Injury?
- How Can You Suffer A Burned Hand Injury At Work?
- Compensation For Burns – Where Could I Be Injured In A Public Place?
- How Can You Suffer A Burned Hand Injury In A Road Traffic Accident?
- How Is Personal Injury Compensation Calculated?
- What Are Special Damages?
- Case Study: £65,000 For A Burned Hand Injury
- Get Free Legal Advice On The Value Of Your Case
- How Do No Win No Fee Claims Work?
- Get Free Legal Advice From Our Expert Team
- More Resources And Guides On Burned Hand Injuries
- Burned Hand Injury FAQs
If you’ve never been through the claims process before, initially it can seem quite daunting. Here at Advice, we hope to simplify it for you and give you the confidence to pursue the financial justice you deserve. We could put you in touch with an experienced personal injury lawyer from our panel, who could then guide you through the process and give you all the support you would need.
However, before beginning your personal injury claim, there are a few important questions we recommend asking yourself. These are:
- Did somebody have a duty of care towards you?
- Who was it?
- Was that duty breached?
- How was it breached?
- Were your injuries a result of that breach?
If you do decide to pursue a personal injury claim, you must be able to prove that your injury happened through no fault of your own, and the blame lies with someone who had legal responsibility for your safety. One of the best ways to do this is by obtaining evidence, such as photographs, witness statements, and via a medical assessment, which we will discuss in more detail in this guide.
We will also discuss the two types of compensation you would seek, giving the best chance of gaining the highest payout possible for your claim. You may become tempted to calculate your possible compensation amount using an online personal injury claims calculator regarding compensation payouts. We’ll explain why we advise against this.
If at any point during this article you’d like further free legal advice, please get in touch with our friendly team using the number provided above.
When it comes to burns on any part of the body, there are varying degrees of severity. Of course, the most common cause of a burn is when your flesh comes into contact with very hot, dry heat. If you are injured by coming into contact with something wet, such as boiling water, this would be considered a scald.
Despite their differences, which you can read about here, both these injuries are graded using a similar system. When it comes to the symptoms of a burn injury, it could include:
- Pain in the area of contact
- Red skin
- White or charred skin
- Peeling skin
If you have a burned hand injury and are suffering any, if not all, of the above symptoms, chances are there has been some impact to your usual day-to-day routine. If this is the case, and the reason for your suffering is because of third-party negligence, you may have grounds to make a personal injury claim.
No one expects to be injured at work, but sadly it happens more than we’d hope. According to the latest Health and Safety Executive (HSE) statistics, 693,000 people sustained an injury while working in 2019/2020 alone. Of this number, 65,427 of these injuries were serious enough to be reported under RIDDOR, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
You should be able to go to work each day without having to worry about what accidents may befall you; unfortunately, this isn’t the case. Faulty, unmaintained equipment, inadequate Personal Protective Equipment (PPE), insufficient training – this could all lead to you suffering a burned hand injury through no fault of your own. And if you do, your employer could be liable.
What Is An Employer’s Duty Of Care?
Whoever you are, wherever you work, it’s your employer’s responsibility to ensure your safety is guaranteed as much as reasonably possible. If an accident happens while you’re at work, this could mean your employer has breached their duty of care to you.
An employer’s obligations to their employees are very clearly outlined in Section 2 of the Health and Safety Work etc Act. 1974. Of course, it’s unreasonable to suggest someone can predict every single accident scenario that could happen. However, it is reasonable to suggest that someone can put adequate preventative measures in place to minimise any potential risks. These measures could include:
- Providing high-quality training and supervision.
- Keeping up with the maintenance of equipment.
- Keeping up with the maintenance of the general workspace.
- Making sure that all walkways are kept clear and free of spills.
- Providing adequate PPE when necessary.
- Carrying out regular risk assessments.
Of course, these are just a few examples. But even just doing a little can go a long way in preventing workplace accidents.
How Can My Employer Breach Their Duty of Care?
If your employer fails to adhere to any of these preventive measures, and one of their employees ends up injured because of it, this constitutes a breach of their duty of care. If you’ve suffered a burned hand injury while at work because of third-party negligence, you could be eligible to claim compensation.
Of course, you must be able to prove that the accident which caused your injury only happened because your employer breached their duty of care. Without substantial proof, your claim may never get off the ground. You can obtain evidence by reporting your accident as soon as it happens and making sure it is correctly logged in your work’s accident log.
Public spaces are businesses or areas that can be used or visited by members of the public, such as parks, gyms, restaurants, train stations or football stadiums. You could be able to seek compensation for burns sustained in public spaces if your burns were caused by the party in control of the space breaching the duty of care they owed you.
The Duty Of Care For Those In Control Of Public Spaces
The party in charge of public spaces have a duty of care under the Occupiers’ Liability Act 1957. As such, they have a responsibility to ensure the reasonable safety of those visiting the space. If they breach this duty and cause someone to sustain harm as a result, this is called negligence.
How Can This Duty Be Breached?
The party in control of a public space can take different steps to uphold their duty of care, such as carrying out regular risk assessments and addressing any hazards they find in a reasonable time. If they fail to do so, it could lead to a member of the public experiencing harm. For example:
- The party in control may have failed to provide adequate training to staff in a restaurant. As a result, a server may have failed to take the necessary precautions when serving a hot drink to a customer. This may have led the customer to sustain a burn injury to their hand.
If it can be proven that the duty of care owed to you was breached and this breach caused you to sustain harm, you may be able to seek compensation. To learn about compensation in burn injury claims, please get in touch on the number above.
An advisor can discuss the process of personal injury claims and how payouts in burn injury claims can be assessed.
Road traffic accidents are prevalent, and you never know when you may be involved in one yourself.
In 2019 there were a total of 153,158 casualties of all severities in reported road traffic accidents. If you’re involved in a head-on or rear-end collision, a crash while merging or a side-impact while driving, you could suffer a burned hand injury.
This doesn’t just apply to those who drive four-wheeled vehicles either. Cyclists, motorbike riders and pedestrians are particularly vulnerable to injury while on the road. This is because they aren’t as protected as car or truck drivers are. In 2018 the Royal Society for the Prevention of Accidents (RoSPA) reported 17,550 cyclists casualties. Tragically, 99 of them ended fatally.
Duty of Care of Road Users
The Highway Code outlines what is expected of us as road users and what measures we should take to ensure our safety and the safety of others. It is the responsibility of every road user to drive diligently and take adequate steps to ensure that either their action or inaction doesn’t create a hazard to others on the road.
How Can a Road User Breach Their Duty of Care?
All road users should keep their full attention on the road at all times – which is pretty much driving 101. Unsurprisingly, a failure to do so could have catastrophic consequences. Ways in which someone could breach their duty of care while using the road include:
- Driving recklessly.
- Driving under the influence of drugs and/or alcohol.
- Texting while driving.
- Driving while tired.
If you have suffered a burned hand injury because a road user breached their duty of care, you could be eligible to make a personal injury claim. Get in touch with our team at Advice today to find out more.
If you’re seeking compensation following a burned hand injury, you should keep in mind the various components that would need to be included in your claim—specifically, the two types of damages a personal injury claim often covers.
These are known as special damages and general damages. We will discuss special damages in more detail below. General damages aim to cover any pain or suffering – whether it be physically, mentally, or both – you’ve experienced as a result of your no-fault accident. The Judicial College Guidelines will most help to value this. Additionally, the severity of your injuries and how they may affect you long-term shall also be considered.
To get the best possible valuation of your injuries, you must attend a local medical assessment. This is where a medical professional will examine your injuries. They should then confirm they were as a result of your accident, and not caused by a pre-existing medical condition.
The second head of compensation is, as previously mentioned, special damages. Special damages aim to get you back to the financial position you were in before you were injured, as well as accounting for any future losses too. All your out-of-pocket expenses are considered, and your personal injury lawyer will try to get all these costs reimbursed to you. Expenses that could be included are:
- Medication you may have to pay out of pocket for.
- Physiotherapy you may have to pay out of pocket for.
- Travel expenses; whether it be to or from the hospital, or if you’re unable to drive and have to use public transport.
- Hiring a professional carer if needed.
- Adjustments to your home if needed.
- Lost earnings both past and future
Some people may be lucky enough to rely on family members for help while they recover. This is known as gracious care. However, not everybody can rely on friends or family, in which case they would need to hire professional care, which can be pricey.
You must keep proof of everything you pay for as a result of your no-fault accident. Receipts and invoices will go a long way in securing special damages, meaning better chances of winning the compensation you deserve. Without evidence, regaining your original financial standing would be difficult.
Lola Jones is a 28-year-old sous-chef who works full-time at a popular chain restaurant in the town centre. Miss Jones has been an employee at this particular restaurant for the past six years, working her way up from kitchen-porter to her current position. One day soon, she hopes to be promoted to head chef.
One busy Saturday, she was given a chance to prove she could handle such a role when the current head chef had to leave early to tend to a family emergency. As a sous chef, Miss Jones was put in charge of the Saturday night dinner rush. As excited as she was, the night would sadly end in disaster.
The kitchen where Miss Jones worked was equipped with two industrial ovens. However, the gas hobs on top of one of these ovens had been acting up recently. Despite it being previously reported to management, the issue had been left unresolved.
As the dinner service became busier, orders began backing up. Being one staff member and four gas-hobs down didn’t help either. Miss Jones became overwhelmed, and due to pressure from management, was told to begin using the faulty gas hob to help get the orders out quicker.
Shortly after lighting the hob, it burst into flames. Consequently, Miss Jones’ right hand was completely burned. She was then rushed to the hospital, where she was informed she would suffer permanent injury to her right hand, along with hefty scars and some disfigurement.
Recovering from the Accident
After the shock had settled, Miss Jones began to consider what had happened. Not only had previous warnings about the hob been ignored, but she had felt pressured and told to use faulty equipment despite the danger. She also believed this had ruined her chances to be promoted to head chef. Not to mention, she would probably be disfigured for life.
Because of this, Miss Jones decided to seek advice on pursuing a personal injury claim against her employer. She had witnesses to the accident, proof that the faulty equipment had been reported and a log of her accident. Because of this, a No Win No Fee personal injury lawyer decided she had a higher than average chance of her claim being successful.
With the help and support of her lawyer, Miss Jones received £65,000 compensation payout in both general and special damages from her employer. Now she could finally focus on her recovery.
Below is a table which shows how Miss Jones’ compensation would have been valued, as recommended by the Judicial College Guidelines:
|General Damages||Special Damages|
|Awarded a total of £53,000 for significant, full thickness burn to dominant hand. Around £15,000 of this is in relation to permanent, disfiguring scars to the hand.||Loss of earnings - 4 months spent off work, unpaid - £8,000|
|Loss of bonus - missed out on attendance bonus - £2,000|
|Care costs - required help and support from family members for a total of 6 weeks - £500|
|Travel costs to appointments - for skin grafts and the like -£500|
|Extra rehabilitation costs - includes physiotherapy - £1,000|
This case study is purely an example. It aims to show you how the personal injury claims process works and how you could benefit from expert legal advice. It also shows how beneficial the support of a No Win No Fee lawyer could be.
In this day and age, the first thing people usually do when looking for information is head to the internet. When it comes to personal injury claims, it’s no different. When pursuing a compensation claim for a burned hand injury, you’ll want to know as much as possible. Especially when it comes to the valuation of your case.
You could go online and search “how much is my burned hand injury claim worth?”, and within seconds you would be hit with millions of results. Most of which would probably lead you to personal injury claims calculators. It’s natural to be tempted by something that promises you a quick and easy way of valuing your compensation claim. However, we strongly recommend that you resist that temptation.
It’s the finer, more subtle details of each case that tie a compensation payout together. This is something personal injury claims calculators don’t take into consideration. Because of this, you may end up with false expectations. In other words, these online tools often over or undervalue your claim.
So save yourself the disappointment and get in touch with our experienced team of advisors instead. We’ll collect as much information about your claim as possible then connect you to our expert panel.
We believe that everybody should have access to legal advice and support, no matter their financial situation. Making a claim shouldn’t contribute to any financial stress you may be experiencing since being injured. With a No Win No Fee agreement, it wouldn’t have to.
There are many benefits to using a No Win No Fee personal injury lawyer:
- No upfront fees.
- Nothing to pay for the duration of your claim.
- If your case loses, there’ll be nothing to pay your lawyer at all.
- If your case wins, your lawyer will receive a nominal payment which is capped by law, known as a success fee. This helps cover their fees. A success fee is paid out of your compensation.
Hopefully, if you have any financial concerns about claiming for a burned hand injury, this has eased them. Want to discuss No Win No Fee with further? Get in touch with our team using one of the methods listed below.
If you’d like free legal advice about what steps you should take after suffering a burned hand injury, you can:
We’re eager to help you in any way we can, and we look forward to hearing from you soon!
We hope this guide has covered everything you need to know about compensation claims in the aftermath of a burned hand injury. But if you’d like to know more information, we have a list of additional research links for you below:
For more information about accidents at work claims, click here.
If you’d like to know more about car accident claims, click here.
Information about general accidents, first aid and treatments can be found here.
If you’d like to know about recovering from burns and scalds, click here.
Click here for information about what complications could arise from burns and scalds.
How long does it take for a burnt hand to heal?
Superficial burns can take 3 to 6 days to heal. Superficial partial-thickness burns usually heal within 3 weeks. Deep partial-thickness burns usually take longer than 3 weeks to heal.
What do you do if you burn your hand badly?
First, be sure to cool the burn and remove any jewellery very carefully. Do not break any blisters. Next, apply lotion and bandage the burn. If needed, take some ibuprofen for the pain.
Do and don’ts during burn injuries?
Do: Remove clothing that has been burned or soaked with hot fluid or chemicals, and jewellery. Run tap water or room-temperature water over the burn immediately.
Don‘t: Remove any burned clothing that is stuck to the body.
Guide by NH
Edited by DG