BURN AT WORK ACCIDENT CLAIM

Saturday, May 27th, 2017

Burn Victim Accident Claim Question

I work as a kitchen porter in a restaurant in London. Last Saturday the chef asked me to put some plates in the dishwasher as I was picking the plates up close to the position that the chef was working the chef put some frozen food into a pan filled with oil. This caused the oil to explode out and burn my forearm.

The chef apologised and cold water and a bandage was applied. After I finished work, my forearm was causing me a lot of pain, so I went to A & E and was diagnosed with third degree full thickness burns.

I have been told this will likely a scar. The burn is quite large – 3 inches by 1 inch.

The chef and I both work for the restaurant chain.

Can I claim compensation for my injury and if so how can you calculate the amount of compensation my claim could be worth?

Work Accident Solicitor Response

From the description you have supplied it seems that the chef was negligent in attempting to frozen food into a pan of oil when you were close by.

Your employer is liable for the “torts of its servants” – in other words an employer is responsible for negligence of its employees.

On this basis – I believe you would have a strong claim for compensation from your employer.

To determine the amount of compensation your claim could be worth a process must be followed. A solicitor acting on your behalf will obtain a medico legal report from an appropriate medical expert. Here the most likely suitable expert would be a plastic surgeon. This expert will produce a report after having examined you and inspected your medical notes.

The report will set out primarily three things: what your injury was at the time of the accident; what your symptoms are at the time of the examination and very importantly what the future holds for your recovery as well as any likely ongoing disability and scarring.

Based on this report your solicitor can compare your injuries to those decided by the courts in the past for similar injuries and come to a range of values for your pain and suffering, known as general damages.

In addition – you would be entitled to compensation for all of your financial losses (both past and future) as a result of your accident. These might include: lost income, medical expenses, care and assistance in the home; disadvantage on the open labour market, etc. these losses are known as special damages and are added to general damages to give the overall amount of compensation you can claim.

To see an article I have written giving examples of compensation amounts for scarring click compensation amounts for scarring.

Medical Negligence Causing Mother’s Death During Child Birth: How Long To Claim

Tuesday, December 6th, 2016

Time Periods For Children To Claim For Fatal Clinical Negligence

Child Of Clinical Negligence Victim Question

My mother died at hospital whilst giving birth to me. I am 17 years old and I have only recently found out that there were some hospital errors which caused her death.

I was brought up by my grandparents – my father having passed away 6 months after my mother’s death. No claim was made at the time of my mother’s death.

Am I too late to make a claim for her death?

Clinical Negligence Solicitor Response

A claim for compensation for negligence has a statutory limitation period. This period sets out the maximum time period you have to commence a claim at court before it is too late to claim and you are statute barred.

At the time your mother died you were a baby and as such classed by law as a minor (under the age of 18 years). Usually there would be three years from the date of your mother’s death to make a clam – but as you were a minor you have three years from the date of your majority (18th birthday) to make a claim.

In other words – you have until your 21st birthday to commence a claim at court before it is too late to claim.

At 17 years of age you are still technically classed as a minor in England and Wales and as such cannot make a claim in your own right without an appropriate adult acting as a litigation friend and providing instructions on your behalf (at the age of 18 years you can provide instructions in your own right).

Please note that the age of majority varies from country to country in the UK. In England and Wales it is 18 years of age – in Scotland it is 16 years of age.

To see an article I have written explaining the three year rule in detail with exceptions to the rule – click how long to claim for personal injury.

To see the types and amounts of compensation that can be claimed as a result of negligence leading to death of an individual click fatal accident claims how much.

How to claim for fatal clinical negligence

It is important that you (or an adult who can provide instructions on your behalf, such as one of your grandparents) contact a specialist solicitor as soon as possible to discuss the circumstances surrounding your mother’s death to determine the possibility of making a fatal clinical negligence claim.

Click how long to claim for fatal clinical negligence to contact me direct to discuss making a medical negligence claim.

Hip Replacement Injury Claim How Much? UK Average Compensation Payouts

Wednesday, August 3rd, 2016

Hip Replacement Injury Claim: UK solicitor explains the amount of compensation you can claim for a total hip replacement following an accident in a supermarket

HIP INJURY VICTIM QUESTION

I went out shopping with my husband at a local supermarket. We paid at the counter and were approaching the exit when my feet went from under me and I landed heavily full on my left hip.

The floor was tiled and was wet and there were no wet floor warning signs about the danger. My husband assisted me, called a member of staff from the store who in turn called an ambulance.

Whilst we were waiting for an ambulance wet floor signs were put out by supermarket workers and an entry was made in the accident book. We were told a customer had spilt some yoghurt on the floor earlier and the area had been mopped by staff, but signs had not been put out.

My hip was in great pain and when I got to hospital I was told that my hip was fractured in several places and a total hip replacement was necessary.

I was in hospital for several weeks and I have been unable to work since the accident.

Do I have a claim compensation from the supermarket and if so how much compensation can I claim for a total hip replacement?

SPECIALIST PERSONAL INJURY SOLICITOR RESPONSE

It seems clear from your description of the accident events that you would have a strong claim against the supermarket. The clear danger of a slippery wet tiled floor was caused by a supermarket worker who clearly failed to follow the correct procedure of putting out wet floor signs to warn customers to avoid the wet area.

An employer is responsible for the negligent acts of its workers through a legal doctrine known as vicarious liability and as such the claim would be made against the supermarket (and the supermarket’s insurers).

Compensation amounts for a total hip replacement

Personal injury compensation claims are divided into two parts: compensation for pain and suffering for the actual injury itself (fractured hip leading to a total hip replacement) and compensation for financial losses and expenses incurred as a direct result of your accident (including lost income, medical expenses, care and assistance in the home, travel expenses, etc.).

In 2016 examples of average compensation payouts for pain and suffering are:

Total hip replacement claim

The average payout amounts for a total hip replacement with no ongoing problems is between: £10,000 – £22,500

Hip replacement with small permanent disability

The amount of compensation you can claim if you are left with a small but permanent disability following a hip replacement is: £22,500 – £33,000

Hip replacement needing further surgery

If your hip replacement is unsuccessful and leads to disability which will require further surgery the average compensation payout you can claim is between: £33,000 – £44,000

Most serious hip injuries

Click hip injury compensation to see an article I have written with examples of how much you can claim for the most serious hip and pelvic injuries.

How to claim compensation for a total hip replacement

Should you wish to speak to me in person or need specialist solicitor assistance with making a hip replacement claim click total hip replacement compensation claim.