Welcome to our guide to claiming compensation for a radiation burn injury. When you’ve suffered an injury, the reality of recovering can be stressful. And when your injury was caused by negligence on the part of someone else, it can seem unfair that you have to shoulder the burden of recovery alone.
Personal injury compensation can be claimed in situations where you weren’t at fault for the injury you have incurred. In order to claim a third party who owed you a duty of care must be at fault. As well as including payment for your injuries themselves, compensation can take into consideration a range of other financial losses that you’ve experienced. In this guide, we will look at how a compensation claim may be processed if you were injured at work, in public or while on the road.
You may already be considering starting a personal injury claim for a radiation injury, and we offer free legal advice throughout as to how to proceed. If you would rather speak to a member of our team today directly, you can get in touch with us right now by:
- Calling 0161 696 9685
- Writing to us at Advice.co.uk
- Using our ‘live support’ option at the bottom right of this screen
Let us show you how a personal injury lawyer could help your radiation burn injury claim for compensation today.
Select a Section
- A Guide To Claiming Compensation Payouts For A Radiation Burn Injury
- What Is A Radiation Burn Injury?
- How Can You Suffer A Radiation Burn Injury At Work?
- Radiation Burn Injury In A Public Place
- How Can You Suffer A Radiation Burn Injury In A Road Traffic Accident?
- Our Experts Can Advise On Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £8,000 For A Radiation Burn Injury
- Our Free Legal Advice Can Help Value Your Payout
- No Win No Fee Policies Made Easy For You
- Your Free Legal Advice Is With Our Team Of Advisors
- More Resources And Guides On Radiation Burn Injuries
- Radiation Burn Injury FAQs
In this guide, we’re going to look at the process of claiming compensation for a radiation burn. To begin, we will look at what a radiation burn is and the kind of impact an injury of this nature could have.
The process of claiming for an injury could differ depending on if it was sustained at work, in a public place or on the road. We will look at the responsibility held by others to keep you safe while in these different scenarios (the “duty of care” owed to you). We will examine how this duty could be breached, leading to a claim.
This guide will go on to look at how compensation is calculated and what a typical compensation claim will consist of. This will look at the two heads of claim that a typical claim will be made up of.
Our guide will go on to look at an example case study in which an injured person receives a compensation award for an accident that was not their fault. This will illustrate the claims process from the beginning, when the accident occurs, to when compensation is paid out.
To finish, we will go over the benefits that you can experience by pursuing a claim using a No Win No Fee solicitor. We’ll also offer you some helpful resources that may be of use to you, as well as answering some frequently asked questions about radiation burn injury claims.
Radiation burn is not just exposure to dangerous materials in a nuclear plant, although obviously if this occurs, it could pose a risk to someone’s health and wellbeing. It can occur in much more everyday ways, some of which we may not even realise carry the risk of radiation burn. These can include:
- Radiation therapy used to fight cancer
- Excessive contact with X-rays, PET, and CT scans
- Artificial UV (ultra-violet) light used in tanning salons and sunbeds
- Military radiation exposure
Radiation burns can present themselves hours or sometimes days after the initial contact with the ionizing source of radiation. The injured person might experience other symptoms in addition to burned and peeling skin, such as:
- Aching joints
- Difficulty concentrating and sleeping
Radiation burn injuries can affect anyone who comes into contact with uncontrolled UV rays. If you were exposed to radiation and it resulted in you being burned through no fault of your own, speak to our team to see how we could help you calculate compensation damages.
When you’re at work, your employer has a responsibility to ensure your wellbeing. And if your work involves radiation, then your employer failing to ensure your well being could have serious consequences.
The Health And Safety At Work etc. Act 1974 (HASAWA) sets out the applied duty of care that all employers must comply with for the safety and wellbeing of their employees. Below, we will look at the specific parts of the HASAWA that protect us.
What Actually Is An Employers Duty Of Care?
Under the HASAWA, it’s the responsibility of an employer to take all reasonably practicable steps to ensure the health and safety of their employees. This doesn’t negate the responsibilities that employees have to their own safety and the safety of their colleagues. But there are certain things that employers can do to keep those who they employ safe:
- Carry out regular risk assessments, where risks to health and safety can be spotted and either removed or reduced
- Provide proper training and PPE that is appropriate for the role
- Maintain good housekeeping around the workspace
- Ensure that all machinery and equipment that is needed for the role is safe and well-maintained.
As well as the above, it’s a legal requirement for a workplace to have Employers’ Liability Insurance according to the Employers’ Liability (Compulsory Insurance) Act 1969. This covers the employer for any claims made by employees.
How Might My Employer Breach Their Duty Of Care?
We all have a responsibility to ensure our own safety and the safety of others while we’re working. But as we’ve already seen, your employer has a responsibility to take certain steps to reduce the risk of you being injured.
Below, we’ve included a list of ways that your employer might breach the duty of care they have towards you:
- Machinery and tools not being properly maintained or upgraded
- Lack of adequate PPE
- No supervision or poor training
- Slips, trips and falls created by an array of hazards such as bad lighting, wet floors or badly stacked materials
- Failure to act upon risk assessments, or no risk assessments performed at all
- Poor hygiene or food standards
- Lack of adequate breaks/rest
To have your case assessed for free call our claims team today.
The Occupiers’ Liability Act 1957 (OLA) outlines the duty of care that is owed by someone in control of a public place to those who use it for the intended purpose. This duty of care applies in:
- Council/local authority run spaces and buildings
- Hospitals or health trusts
- Beauty salons and therapy bars
- Shopping arcades and retail outlets
- Schools, libraries, and universities
The list above is not exhaustive.
The Duty Of Care In Those In Control Of A Public Space
The OLA does not set out exactly who the occupier of a public place is. However, it does set out that the occupier should be someone with sufficient control over a space to be able to take steps to prevent an accident from taking place. They should also reasonably be able to predict that an accident could have occurred. If there are any risks that cannot be removed or avoided, for instance, low ceilings or steep stairs, then there should be signs in place to warn of these.
How Can This Duty Of Care Be Breached?
As mentioned, someone in control of a public place has a responsibility to ensure your safety as long as you are using the premises for the purpose intended. You may suffer an injury because:
- There were hazards in the space which were unmarked or unsigned
- Machinery or equipment was available for use that was poorly maintained or faulty
- Risk assessments had not been carried out or acted upon
Additionally, you may be able to claim for a radiation burn against a hospital or health trust. If the hospital’s use of X-rays, CT or PET scans can be shown to be negligent, resulting in injury, then you may be able to make a claim. Speak to our team today to see if you could have grounds for compensation.
Radiation burn injury in a road traffic accident might be quite rare, but not impossible. Road traffic accidents (RTAs) make up a large number of compensation claims each year.
All motorists owe one another a duty of care while on the road. If you’re involved in an RTA through no fault of your own, then you may be able to make a claim. Read on to find out more about claiming.
Duty Of Care Of Road Users
The Highway Code requires that all motorists:
- Ensure that their vehicle is roadworthy
- Pass basic eyesight requirement tests
- Are properly taxed, insured, and have a valid MOT certificate
- Possess minimum third-party insurance
Furthermore, a road user has a responsibility to act in a way that ensures the safety and well-being of other road users. This duty of care doesn’t make any allowances for drivers who lack experience; all drivers should adhere to the standard of skill and care of an average motorist. Drivers should also take into consideration that others on the road may not adhere to these standards of skill and care and act accordingly.
How Can A Road User Breach Their Duty Of Care?
Some examples of a breach of duty of care while on the road include: :
- Illegal manoeuvres
- Failing to keep a safe stopping distance from the car in front
- Driving under the influence of drink or drugs
- Lack of concentration
Any of these scenarios could result in you being injured. To find out if you have a valid claim call our claims team today.
When you make a claim for compensation, the settlement amount will be made up of two “heads” of claim; general damages and special damages. Below, we’ll look at the distinction between the two and how each of these is calculated.
General damages is the part of your claim that is paid for the injuries you have sustained. They’re calculated based on the amount of pain and suffering that your injuries have caused you. In order to calculate the general damages head of your claim, your solicitor will arrange for you to attend a medical appointment.
Here, an independent expert will look at your injuries, the impact that they have had on you and how they expect you to recover. Then, they’ll detail their findings and prognosis in a medical report which will then be sent to the different parties in your claim.
The Judicial College Guidelines can be used to value your claim. This is a document that outlines guideline compensation amounts for injuries of different types and severities.
Once the general damages head of a claim has been calculated, your solicitor will begin with the special damages head of your claim.
Special damages try to incorporate all the out-of-pocket expenses your injuries have directly caused. Anything that you can prove caused a financial impact on you could be included. For example:
- Loss of earnings from missed work
- Any future lost work opportunities because of the injuries or recovery time
- Costs to and from the hospital or to work if you cannot drive
- The cost of parking or fuel to get to and from medical appointments
- Physiotherapy or specialist treatments not available on the NHS
- Damage to personal items like eyewear or a mobile phone during the accident
- Missed or forfeited deposits for plans or holidays
- Impact on pension contributions or missed attendance bonus
The list that we have included above isn’t exhaustive. If you’ve lost out financially after an injury in a way that isn’t listed above, you could still make a claim. Just get in touch with our team today to see if your damages could be included in your claim.
The more information you are able to give your lawyer, the clearer a picture they can get of the financial damage caused to you through no fault of your own. These costs could then be included in your claim for compensation.
Miss Travis worked at the chemical plant not too far from her home. She had worked there for several years. She was fully trained and had never had an accident before. However, early Monday morning as she started her shift she was asked to move some barrels that contained a radiation substance to the warehouse. So she put on all her protective wear and started to move the barrels. As it was coming to the end of the morning Miss Travis was picking up the last remaining barrels when one of the lids came loose. The substance contained in the barrel leaked onto her hand and forearm.
Instantly Miss Travis began to feel a burning sensation. As she looked to where the pain was coming from she noticed that her clothing and protective gear had melted slightly. The substance had seeped through her clothing and leaked onto her arm and hand. An ambulance was called immediately and Miss Travis was taken to hospital. While at the hospital she was diagnosed with radiation burns.
Miss Travis’ claim
Miss Travis decided to seek legal advice about making a personal injury claim for compensation. It transpired that the PPE provided by her employer was not of the adequate standard. Also, her colleague had forgotten to secure the lids correctly on the barrels.
As well as the peeling and blistered skin from the radiation burn, Miss Travis was feeling very fatigued and slightly dizzy.
Miss Travis had to take several months of work while she recovered. She also had to pay privately for a consultation and course of treatment with a dermatologist. As well as the cost of this treatment, she had to pay for fuel and parking costs to get there and back, which quickly began to add up. She was advised to use special creams and dressings to aid in the healing of her skin, which she also needed to pay for.
Miss Travis was eventually awarded £8,000 in compensation for her injuries. The table below shows how this compensation was split up into general and special damages.
|General damages||How much?||Special damages||How much?|
|Scarring to the hand and forearm.||£5,210||Loss of earnings||£2000|
|Treatment for radiation burn, including topical creams and special dressings||£190|
|Skin specialist consultations||£500|
|Travel costs to hospital||£100|
This case study is just an example. It has been put together and based on our past experiences of helping personal injury claimants.
The process of claiming compensation for an injury that wasn’t your fault needn’t be complicated. Our advisers can offer you free legal advice around making a personal injury claim. Upon speaking with you and collecting more details about your compensation, they could connect you with a No Win No Fee personal injury solicitor.
Generally, there is a three-year time limit to starting personal injury claims. The service we offer can start the process for you right now. There’s no obligation to proceed with us when you get in touch about making a claim.
You may have noticed that there are a number of websites offering personal injury compensation calculators online. Although they are able to estimate a valuation of your claim, they don’t collect the amount of information that we do. We listen to every detail of your case. We then use this information to create an accurate compensation valuation for the injuries you’ve sustained. Payouts are never guaranteed, but when you contact us, we can offer an estimation.
No Win No Fee is an expression you’ve probably heard many times before. However, you may not be sure how it could help you. A No Win No Fee agreement is an agreement between you and your solicitor that sets out the conditions that they need to meet before they receive payment.
When you claim with a No Win No Fee agreement, it means that:
- You won’t be asked to pay any upfront fees to your solicitor in order for them to start work on your case.
- Your solicitor won’t ask you to pay anything while the case is ongoing.
- If your claim is unsuccessful, there’ll be nothing to pay your solicitor at all.
- You’ll only be asked to pay your solicitor if they win your case and you receive compensation.
If you do succeed in your claim, your lawyer will deduct a “success fee” from your compensation award to cover their costs. This fee is legally capped, meaning that you will always receive the majority of the compensation paid to you.
If you feel like you could benefit from the advice and support of a No Win No Fee solicitor in making a claim, then get in touch with us today. If we feel your claim has a good chance of success, we could connect you with a No Win No Fee solicitor from our panel to take on your claim.
If you’re ready to start your claim or would just like a chat about anything we’ve discussed, please feel free to:
- Call us on 0161 696 9685
- Email and write to us at Advice.co.uk
- Speak to us at our ‘live support’ option to the bottom right of this page
Below, we’ve included some links to resources that you may find useful in your compensation claim.
Radiotherapy side effects– Radiotherapy can be used to treat cancer. Read this guide to see what the side effects of this kind of treatment are.
HSE and Radiation– The Health and Safety Executive have released information about radiation in workplaces in Great Britain.
Committee on Medical Aspects of Radiation in the Environment (COMARE)– A Department of Health expert committee that provide advice and information on the effects of radiation on health.
Laser Hair Removal Negligence Claims– if you’ve been injured while receiving laser hair removal treatment, then you may be eligible to claim. Read our guide to find out more.
Beauty Salon Treatment Negligence Claims– if you’ve been the victim of a beauty treatment gone wrong, then you may be able to claim compensation for your injuries; read our guide to find out how.
Agency Worker Claims– have you suffered an accident or injury while you were employed under a temporary contract? If so, you may be unsure if you’re eligible to claim. Read our guide for more information.
How quickly can I heal from radiation burns?
Minor radiation burns may take a couple of weeks to fully heal, whereas more serious burns can take months.
What’s the best treatment for radiation burns?
We are not medically trained and so are unable to offer medical advice. However, speak to our team if you would like free legal advice around making a claim.
Will radiation burns leave me with any long-term effects?
Sometimes, the part of your skin affected by a radiation burn will remain permanently darker than the rest of your skin.
Thank you for reading our guide on making a claim following a radiation burn.
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