Welcome to our guide on making a claim for a facial scar injury. Have you been involved in an accident caused by the negligence of someone who owed you a duty of care? Did you sustain a facial scar as a result? If so, you could be entitled to claim compensation for your suffering.
If you’ve been injured in an accident caused by the negligence of a third party who owed you a duty of care, you may be focused on recovering from your injuries first and foremost. However, even when your injuries have healed, you could be left with scarring that affects your appearance and impacts your mental health.
In this guide, we will look at how you can claim compensation for the suffering caused by permanent facial scars. We will use a case study where a claimant is awarded £65,000 for their injuries to show how the claims process works.
If you’d like to know more about making a claim for the suffering caused by scarring, why not get in touch today? Our friendly team is happy to take your call 24/7 with no obligation to proceed with us. You can get in touch easily by:
- Calling on 0161 696 9685
- Emailing or writing to us at Advice.co.uk
- Speaking to an agent at our ‘live support’ option, bottom right
Select a Section
- A Guide To Claiming Compensation Payouts For A Facial Scar Injury
- What Is A Facial Scar Injury?
- How Can You Suffer A Facial Scar Injury At Work?
- Facial Scar Injury In A Public Place
- How Can You Suffer A Facial Scar Injury In A Road Traffic Accident?
- Learn How Personal Injury Compensation Is Calculated
- What Are Special Damages?
- Case Study: £65,000 For A Facial Scar Injury
- Get Free Legal Advice On Your Case From Us
- Can I Benefit From No Win No Fee Claims?
- Your Specialist Free Legal Advice Is Waiting
- More Resources And Guides On Facial Scar Injuries
- Facial Scar Injury FAQs
Our faces may often be one of the first things that people notice about us. If you’ve suffered an injury that has left a scar on your face, this could affect your self-confidence. And when the injury that caused the scar is the result of negligence on the part of someone who had a duty of care towards you, this can be extremely upsetting and difficult to come to terms with.
In this guide, we will explain the process of claiming compensation for a facial scar injury caused by someone else’s negligence. We will begin by looking at what a facial scar is and the effect that this can have on you.
We’ll go on to look at some of the places where your face might be scarred as the result of a breach of duty of care. We’ll look at the duty of care owed to you at work, in public and on the road, and how to tell when a duty of care is breached.
Furthermore, we will look at the two “heads of claim” that a claim for compensation could be made up of. We will also examine how these heads of claim are calculated.
Our case study will illustrate how an injury of this nature could be sustained through negligence. It will also show the kinds of things that can be taken into consideration when a compensation claim is calculated.
To summarise, we will look at No Win No Fee agreements as an option for funding legal representation. We’ll also provide you with some more resources on facial scarring and answer some frequently asked questions about claims of this kind.
There are a number of different kinds of scars that you might sustain following an injury resulting from a breach of duty of care. Below, we have included some of the types of scars you might suffer from.
- Fine line scars. These scars will usually begin as a raised line but will flatten and fade over time. They usually won’t fade completely, and you will be left with a line or mark. These kinds of scars are usually not painful; however, you may experience some itchiness as they heal.
- Keloid scars. These are large, raised scars that occur when the body produces too much collagen at the site of the wound. They can be caused by minor injuries and can spread beyond the initial site of damage. Keloid scars can be painful and itchy and may restrict movement if situated near a joint.
- Pitted scars. Some scars might have a sunken or “pitted” look. These can develop if you’ve sustained an injury that’s resulted in a loss of fat under the wound.
- Scar contractures. This kind of scar can occur when you’ve suffered burn injuries. It can cause your skin to “shrink”, and this may make it feel tight or restrict movement.
If you’ve suffered any of these kinds of scars on your face, this could severely impact your confidence and self-image. This could severely impact your quality of life and may make you unwilling or unable to do the things you usually do.
If the injury causing your scar was caused by a breach of duty of care, you could be entitled to compensation. Get in touch with our team today for more information about how you could claim.
When you’re at work, your employer owes a duty of care to you. This means that they need to take all reasonably practicable steps to ensure your safety while working. Failure to do so could result in an injury that leaves you with a facial scar.
Statistics released by the Health and Safety Executive show that there were 5,656 injuries to the head reported to RIDDOR in 2019/20. Of these, 2,232 were to the eye, ear or other parts of the face. Although these statistics do not illustrate how many of these injuries resulted in facial scarring, many kinds of injury to the face have the potential to leave a scar.
What Is An Employers Duty Of Care?
Under The Health And Safety At Work etc. Act 1974, employers have an applied duty of care to look after your safety while you’re at work. As mentioned previously, they should take all reasonably practicable steps to make sure that you are safe in the workplace.
Some of the things that an employer should do as part of their duty of care include:
- Maintaining good housekeeping. No matter what industry you work in, your employer should ensure that good housekeeping is maintained to reduce the risk of slips, trips and falls in the workplace. This means that walkways should be unobstructed and well-lit.
- Carrying out regular risk assessments. Employers that carry out regular risk assessments ensure that risks to employee safety can be identified and, if possible, removed.
- Administering proper training. While employees also have a duty of care to carry out their roles in a safe manner, it’s the responsibility of the employer to make sure that they have the proper training to do their job safely.
- Providing appropriate Personal Protective Equipment (PPE). It’s your employer’s job to provide you with any PPE that you need. They cannot charge you for anything that you need to do your role safely.
How Can My Employer Breach Their Duty Of Care?
There are a number of ways that your employer could neglect their duty of care to you, resulting in you being injured. An injury sustained at work could result in a facial scar injury.
For instance, there may be a walkway where a loose wire was left trailing, posing a tripping hazard. This could cause you to trip and fall, cutting your face on the side of a shelf as you do. This injury could result in a facial scar.
Similarly, you may require PPE such as a faceguard to protect you against heat or hazardous materials. If you were provided with the incorrect PPE to protect you from the risk of injury, you could claim.
All UK companies are obliged to carry insurance for workplace injuries, and your claim can be made against this. This means that you don’t have to worry about the effect that your claim could have on your employer or the business.
The Occupiers’ Liability Act 1957 (OLA) applies a duty of care to anyone in control of a public space, referred to as the “occupier”. The occupier should be someone that can both be expected to predict that an accident might occur and that has the power to prevent it from happening.
If you suffer from an injury causing a facial scar while in a public place, you may be able to claim compensation. You could make a claim if you can show that the occupier breached their duty of care towards you, resulting in injury.
The Duty Of Care Of Those In Control Of Public Spaces
The OLA asks that those in control of public areas do everything reasonably practicable to ensure the safety of visitors to their premises. There are a number of things that an occupier can do to keep visitors safe.
For instance, any avoidable risks to members of the public should be removed. Furthermore, if there are hazards to members of the public that cannot be removed or rectified (for instance, a high step or low ceiling), then these should be signposted.
In addition, the occupier of a public space is expected to take into consideration that children will take less care of their own safety than adults would. They should recognise that a greater level of care may be needed in order to keep them safe.
How Can This Duty Be Breached?
There are a number of different places that come under the OLA. So it follows that there are a number of ways an occupier could breach their duty of care, resulting in injury.
For instance, you could be in a pub or bar when a shelf that is unsecured to the wall falls and hits you. If a sharp corner or edge were to cut your face, this could leave you with a scar.
If you would like to know more about whether your accident and subsequent injuries were caused by a breach of duty of care in public, we could help. Get in touch with our advisors today.
When you’re on the road, you owe other road users a duty of care to act in a way that ensures everyone’s safety. In turn, you’re owed this duty of care by other road users, too.
If you were injured in an accident caused by a breach in the duty of care owed to you by other road users, this could result in a facial scar injury. You may then be able to claim compensation for your injuries.
Duty Of Care Of Road Users
The things that road users are expected to do to ensure the safety of others can be found in the Highway Code. There are a number of things that road users are expected to do to ensure everyone’s safety. These include:
- Abiding by the speed limit
- Not driving under the influence of drugs or alcohol
- Following road markings and traffic signs
- Keeping their full concentration on the road
All road users are expected to adhere to the standards of skill and care as the average motorist. It doesn’t matter whether you have been driving for years or have just passed your test; everyone is expected to uphold the duty of care on the roads.
How Can A Road User Breach Their Duty Of Care?
Sometimes, drivers breach the duty of care that they owe to other road users. This can pose a risk of injury and may result in you sustaining a facial scar injury.
For instance, you may be involved in an accident with a driver who ran a red light, causing them to crash into the side of your vehicle. This could cause broken glass and sharp pieced of metal to cut your face. As they heal, they could develop into scars.
Speak to our team for more information about how we could help after you were injured in a car accident caused by third party negligence.
A claim for compensation may consist of two “heads” that are referred to as general and special damages. Each of these is calculated in a slightly different way.
General damages are the part of your claim that compensates you for the actual injuries you have sustained. To calculate this and to prove that your injuries were caused by the accident, you will usually be invited to a medical assessment as part of your claim. The more severe your injuries, the higher your compensation will usually be valued.
In this assessment, an independent medical expert will examine your injuries and speak to you about how they’ve affected you. They will then compile their findings and your prognosis in a report.
This report will be used with the help of guidelines provided by the Judicial College to value your compensation claim. These are guideline compensation brackets for a number of injuries of varying severities.
For more information on the second head that a claim for compensation could include, please read on. Alternatively, get in touch with our team for a no-obligation estimation of your claim’s value.
Special damages are an attempt to compensate you for the financial impact that your injuries have had on you. These can include:
- Loss of earnings from not being able to work
- Loss of deposits, for example, if you’re no longer able to travel
- The costs of travelling to hospital or work if you cannot drive
- Fuel and parking costs for getting to and from medical appointments
- Care costs for anyone who needs to look after you. This can be family members or paid professionals
- The cost of pet care, gardening and childcare if you’re unable to do any of these yourself
- The cost of treatment that you need, but that isn’t available on the NHS
As long as you can prove these outgoings with receipts or invoices, your solicitor may be able to incorporate them in your claim for damages. All tangible out-of-pocket costs that were a result of the impact of your injuries could be included under special damages, so speak to our personal injury team for more free legal advice on this head of your claim.
Miss Naylor was driving to work one day when she was involved in an accident with another car. She was turning into a road where, unbeknownst to her, another driver was travelling down the wrong side of the road because he was distracted by his mobile phone.
This caused the other driver to crash head-first into Miss Naylor’s vehicle. The impact caused the windscreen to shatter, and this caused the glass to fall on Miss Naylor’s face. At the same time, the force of the impact caused the airbag to deploy, which resulted in many small shards of glass being embedded in her face.
Miss Naylor was immediately shaken up by the accident. She noticed that the front of her shirt was covered in blood that was dripping from her face. Another driver who had been behind Miss Naylor calmed her down and took her to the hospital.
At the hospital, doctors spent some time ensuring that all the shards of glass had been removed from Miss Naylor’s face. Although this was successful, the doctor advised that she’d be left with residual scarring.
After the accident
As a result of her injuries, Miss Naylor suffered a loss of earnings. She was a dancer who had been scheduled to appear in a number of music videos over the coming months. She also underwent laser therapy and skin needling in an attempt to reduce the appearance of her scarring.
Because of the ways her quality of life had been impacted, Miss Naylor decided to seek legal advice about making a claim. It was clear that the other driver was at fault for the accident. As a result, she received a compensation award of £65,000. You can see how this is broken down below.
|General damages||How much?||Special damages||How much?|
|For severe scarring where there is significant disfigurement and a severe psychological reaction||£50,000||Lost earnings||£7,500|
|Counselling for psychiatric damage||£4,500|
|Travel to hospital appointments, treatment and counselling||£1,000|
|Specialist skin care products, laser treatment and skin needling||£2,000|
Miss Naylor’s case is just an example. We’ve based it on our previous experience assessing and valuing claims.
You may have noticed that there are a number of websites online offering personal injury compensation calculators. These online tools claim to be able to value your compensation based on the information you input.
These tools can be useful; however, they rarely capture the scope of information required to give you an accurate estimation of your claim’s value. This is why we recommend speaking to a member of our team. They can ask all the right questions and collect enough information to give you an accurate estimation of your claim’s value.
If you’d like to see how much your claim could be worth, why not get in touch with a member of our team? They can offer you a free, no-obligation valuation of your claim.
It’s important to note that you don’t need a solicitor for a personal injury claim. However, we feel that your chances of success can be higher when you seek legal representation. Furthermore, the guidance and support of a solicitor could help the claims process run more smoothly.
Some people may be put off by the large legal fees associated with legal representation. However, a No Win No Fee agreement means that you don’t need to worry about covering your solicitor’s fees unless your claim is successful.
A No Win No Fee agreement is sometimes referred to as a Conditional Fee Agreement (CFA). It’s a contract that outlines the conditions that need to be met before your solicitor receives payment. It means that you won’t pay them anything before your claim starts, while it’s ongoing or in the event that it’s unsuccessful.
The only time you will be asked to cover your solicitor’s fees is if you win your claim. Then, a success fee will be deducted from your compensation. This fee is legally capped and will be agreed upon before your claim begins.
If you’d like to know more about claiming on a No Win No Fee basis, why not get in touch with our team? If they feel your claim has a good chance of success, they could connect you with a No Win No Fee solicitor from our panel.
We hope that you have found our guide on facial scar injury claims to be of use. If you would like any more information, or to start your claim today, you can:
- Call us on 0161 696 9685
- Fill out a callback form at Advice.co.uk
- Speaking to an agent at our ‘live support’ option, bottom right
The links below give more information on the subjects we’ve discussed, but if you have any further questions, please don’t hesitate to get in touch.
Further advice on work accident claims, please see our guide to work accident claims.
For more information and free legal advice about car accident claims, please read our car accident claims guide.
For advice about how claims are valued, please see our guide on how compensation is calculated.
Changing Faces– a charity that supports people living with visible differences.
Statutory Sick Pay (SSP) – this government page can help you determine how much you could receive in SSP for the time taken off work due to injuries.
Living with facial disfigurement- this NHS page will provide useful support and guidance about coping with life following a facial disfigurement.
How long can it take for facial scars to fade?
Normal, fine line scars can fade and flatten within 2 years but may still be visible. Other kinds of scars, such as keloid scars or pitted scarring, may be permanent.
What’s the best way to treat facial scars?
You should speak to your doctor about what treatment would be appropriate for your scarring. We aren’t medically trained and so cannot offer medical advice; however, if you’re interested in making a claim, we can give you more information.
How much could I be owed for a facial scar?
The amount your compensation is worth will depend on a number of factors. You will receive more compensation for scarring that is particularly disfiguring or that causes you severe psychological distress.
Thank you for reading our guide on claiming for a facial scar injury.
Guide by FS
Published by NS