Have you suffered a burn injury in an incident that wasn’t your fault? You may be able to claim burn injury compensation. This guide will explain how a No Win No Fee burn injury lawyer from our panel could help.
We will first explore who is eligible to claim compensation for a burn injury and why. This could be you for a number of reasons, from workplace accidents to open flames in restaurants. The most important thing is to prove that negligence played a role. We will explain what negligence is and how you would go about showing this.
It can be helpful to see how much compensation for burns has been paid out in the past. We will look at how such injuries can happen and, in each case, how they could make you eligible to make a burn injury claim. We will provide some examples of common accidents that can cause burn injuries. Furthermore, we provide a figurative case study that shows how compensation is calculated in practice.
Finally, we will explain the steps involved in making a claim and the different ways in which a member of our expert panel can help. If you would like to discuss this further or ask questions about any other part of our guide, you can contact our advisors anytime, 24 hours a day and 7 days a week. Get in touch:
- Call on 0800 408 7825
- Contact us via our query page
- Use the Live Chat feature below
Select A Section
- Am I Eligible To Make A Burn Injury Claim?
- How Much Is My Burn Claim Worth?
- Common Causes Of Burn Injuries
- Case Study: £120,000 Skin Burn At Work Claim
- How To Start Your Burn Compensation Claim
- How Our Panel Of Solicitors Can Help
- More Information
Am I Eligible To Make A Burn Injury Claim?
You can make a compensation claim for a burn injury if you can prove the following:
- A person or organisation owed you a duty of care.
- They breached that duty.
- You sustained a burn injury because of this breach.
If you can prove all three points, you can say that the third party was negligent and make a claim on that basis.
A duty of care is a legal obligation to ensure someone’s well-being as much as reasonably possible. There are many duties of care in life, including while on the road or controlling public spaces. We will examine these duties in more detail later in this guide.
Duties of care create standards that you can reasonably expect from certain groups. If a third party falls below such standards, it is said that they breach that duty. Negligence is when a breach causes harm.
We will discuss negligence further in this guide. If you would prefer to discuss this with our burn injury team directly, get in touch using the details above.
How Much Is My Burn Claim Worth?
Burn injury compensation is usually made up of two kinds or “heads” of damages:
- General damages for physical and psychological suffering.
- Special damages for out-of-pocket expenses.
While they are calculated in different ways, they are both based on the points set out in the previous section of this guide. You must be able to prove a breach of a duty of care directly caused them.
How Compensation Payouts Are Calculated
General damages compensate you for any damage done to your person, mental state, or quality of life.
You calculate these by cross-referencing your medical records against the Judicial College Guidelines (JCG), a set of tables that lists the guideline payout for different injuries according to type and severity. Below are some examples of the figures from the JCG that could be used to calculate burn injury compensation amounts.
| Injury | Severity | Guideline Compensation |
|---|---|---|
| Multiple Injuries Plus Higher Special Damages | Severe | Up to £250,000 or more |
| Bodily Scarring | Burns Covering 40% or More of the Body | Likely to exceed £127,930 |
| One Single Disfiguring Scar Or A Several Noticeable Laceration Scars | £9,560 to £27,740 | |
| Post-Traumatic Stress Disorder (PTSD) | Severe | £73,050 to £122,850 |
| Moderately Severe | £28,250 to £73,050 | |
| Moderate | £9,980 to £28,250 | |
| Facial Disfigurement | Very Severe Scarring | £36,340 to £118,790 |
| Less Severe Scarring | £21,920 to £59,090 | |
| Damage to Hair | a) | £8,960 to £13,450 |
| b) | £4,820 to £8,960 |
Please note that the JCG are not a guarantee. They are designed to help the legal process move along, and actual compensation for burns may vary. In particular, we have added the top figure to account for more complex cases.
Special Damages – Their Role In Your Claim
Special damages reimburse expenses caused by your injuries.
To claim this second head of burn injury compensation, you will need to prove each expense and, using evidence, link it to your injuries. For example, you may be able to recoup the costs of:
- Private medical treatment.
- Travel related to this treatment.
- Care or domestic help.
- Accessibility adjustments to your home.
You may also be able to claim for loss of earnings if you were unable to work because of your injuries. This includes both past and potential future income. To do so, you could provide a sick note, past payslips, and a letter from your employer.
To discuss how much compensation you could receive for a burn injury, talk to our expert advisors using the details at the top of this guide. They can discuss your particular circumstances and, if you wish to proceed, connect you to our panel of No Win No Fee solicitors.
Common Causes Of Burn Injuries
In this section, we will look more closely at duties of care and the kinds of harm that can happen when they are breached. In each case, you could be eligible to claim burn injury compensation.
Skin Burns At Work
Your employer owes you a duty of care under the Health and Safety At Work Act etc 1974 (HASAWA), which means they must take reasonably practicable steps to ensure your safety while you are at work. If you are harmed in an accident at work because they fail to do so, their conduct would be considered negligent. For example:
- Poor risk assessment of faulty equipment at a metalworking plant means you aren’t protected against radiation exposure or electrical burns until it is too late.
- The new chef is not given safety training and does not set out a sign after spilling oil on the floor. As a result, you slip and fall while holding a pan of hot liquids and suffer a severe burn injury on your foot.
- Your manager orders new cleaning materials without also ordering adequate Personal Protective Equipment (PPE). You sustain a chemical burn along your arm.
Road Traffic Accidents
All road users owe one another a duty of care, meaning they must stick to the rules of the road and avoid endangering other road users. If they break any rules under the Road Traffic Act 1988 or Highway Code, for example, they breach their duty of care. Here are some scenarios where a road traffic accident could lead to a claim:
- A driver exits a blind corner without slowing down and causes a cycling accident, knocking you over. You require skin grafts for serious friction burns.
- You have to perform an emergency brake and are hit by the driver behind you who failed to leave adequate space. You experience serious burn injuries to your face when the airbag goes off.
- A drunk driver crashes into a petrol tanker, causing severe burns and various other injuries to several drivers and pedestrians nearby.
Accidents In A Public Place
Under the Occupiers Liability Act 1957, anyone in control of a public space is responsible for the reasonable safety of lawful visitors to that space, provided they use it for its intended purpose. What follows are examples of an occupier breaching their duty of care and causing harm, thereby becoming liable for a public liability claim:
- During a beauty treatment, a hairdresser applies a colouring agent to your hair without patch-testing it first. You experience burns to your scalp and considerable hair loss due to an allergic reaction.
- A fish and chip shop does not label its counter with a sign reading “hot surface.” You lean on the counter and sustain burns to your arm and side.
- A public gym stacks empty boxes in front of a space heater, causing a fire. You and several others require medical treatment for minor burn injuries.
There is nothing to worry about if you don’t see your circumstances here. These are just examples. There are many causes to start a burn injury compensation claim, so get in touch with our advisors to make sure. Their details are at the start of this guide.
Case Study: £120,000 Skin Burn At Work Claim
Miss Patel, 19, was a recently qualified chef working in a busy city centre restaurant. Unbeknownst to her, the owner and head chef were avoiding important maintenance due to cash flow problems. This included safety checks that a gas engineer should carry out every year.
Miss Patel was baking bread rolls for the lunch service when she opened the oven door to add another batch when the faulty gas line released a small explosion. A colleague reached the emergency cut-off within a few moments, but not before Miss Patel suffered burns to her face and arms.
Despite swift medical attention, extensive skin grafts, and professional counselling, Mr Patel was left with severe scarring, long-term physical pain, and significant PTSD. She was also unable to work for almost two years.
Miss Patel approached a personal injury lawyer for advice and found that her employer had breached their duty of care under the HASAWA. By failing to carry out the required safety checks, they had failed to prevent the harm she had suffered. With the help of a specialist solicitor, she successfully settled with the restaurant for £120,000 in burn injury compensation:
- General damages for permanent scarring – £64,000
- Loss of earnings – £45,100
- Medical costs, including private cosmetic surgery – £7,050
- Transport costs for attending treatments – £450
- Wages for a home nurse, cleaner, and gardener – £3,400
Please note that this case is figurative. It is based on previous cases and is intended only to demonstrate how burn injury compensation claims work.
How To Start Your Burn Compensation Claim
To start a burn compensation claim, you or a legal representative will need to submit a Letter of Claim to whomever is at fault. This letter sets out why they are responsible and how much burn injury compensation, on a legal basis, they owe you. It also gives the third party a set time to respond.
Evidence You’ll Need To Prove Liability
Liability is the legal term for being responsible for something. Whoever is at fault for the accident that caused your injuries is liable. To make a burn injury compensation claim, you will need to prove as much. Various pieces of evidence can help you do so:
- Medical evidence to link your burn injuries to negligent conduct.
- CCTV footage of the incident.
- Contact details of anyone who can provide witness statements.
- Invoices and receipts for related expenses.
How Long You Have To Claim
Under the Limitation Act 1980, burn injury compensation must be claimed within three years of the incident in question. Claims become time-barred after this period, except in certain cases:
- The injured person is a minor. They must wait until their 18th birthday to claim themselves, at which point the three-year time limit will begin.
- The injured person lacks the mental capacity to take legal action. They can only claim by themselves once they prove they have said capacity.
Both children and vulnerable adults may also be appointed a litigation friend, a trusted person who manages their claims on their behalf.
How Long It Can Take For A Burn Injury Compensation Payout
Claims vary. While some may be started and settled within six months, others may take twelve or more.
In some cases, claimants may need funds for private medical care before their claim is settled, especially with more complex or serious burn injury claims. A solicitor may be able to negotiate an interim payment to help in the meantime. The third party pays this and later deducts the amount from the final settlement.
Our advisors are available anytime you have questions about the claims process, evidence, or deadlines. There is no obligation when you call, so it may help to discuss your claim with one of our advisors before the time limit runs out. Get in touch today via the details at the top of this page.
How Our Panel Of Solicitors Can Help
Our panel of personal injury solicitors have a decades-long track record of helping clients seek burn injury compensation. They have the expertise and experience to:
- Guide you through the burn injury claims process.
- Make your case using the latest legal developments.
- Gather the strongest evidence possible to support your case.
- Negotiate with your best interests in mind.
- Settle your claim for the maximum compensation for your circumstances.
You don’t need to worry about funding a claim, either. If they don’t successfully resolve your personal injury claim, you won’t have to pay for their services.
Under a Conditional Fee Agreement (CFA), members of our panel take a small percentage of any compensation as a success fee. If there’s no compensation, there’s no success fee. Furthermore, this percentage is capped by law and stated in your CFA before you sign it.
That means no nasty surprises – just expert lawyers ready to help. You may have heard of this being called a No Win No Fee agreement.
So, why wait to start your claim for burn injury compensation? You could get professional help today without paying any legal fees upfront or as the claim progresses. Still not sure? Call our advisors. They’re available 24/7 for a free initial consultation with absolutely no obligation. Get in touch:
- Call on 0800 408 7825
- Contact us via our query page
- Use the Live Chat feature below
More Information
Below are more resources to help you better understand the information discussed in this guide.
You may find the following pages from Public Interest Lawyers useful:
- £23,000 payout for a facial injury caused by steam – our case study.
- Injury at work claims for contractors and self-employed professionals.
- Further guidance on making child injury claims as a parent or guardian.
The following pages from around the Web may also help you:
- Figures on burns and scalds from the National Institute for Health and Care Excellence.
- Check burn injuries across England with the Children’s Burns Trust database.
- Discussion of scalding and burning from the Health and Safety Executive (HSE).
Thank you for reading our guide on burn injury compensation.
