News

What Compensation Would I Get for Lacerations and Scarring Sustained at Work?

If you sustained lacerations and scarring in a workplace accident, you could be entitled to seek compensation for the suffering, pain and expenses you incurred by filing a personal injury claim against your employer. However, your claim must meet specific criteria for it to be valid. To find out more on how much compensation you could receive for lacerations and scarring sustained at work, please read on.

Employee Injury At Work Advice

Would My Laceration and Scarring Claim be Valid?

Suffering a laceration injury in the workplace that leaves you scarred, is quite a common injury, more especially if you work in an environment where you handle knives, chemicals and electrical machinery and equipment. Providing you can provide solid proof that you sustained your injuries in the workplace through employer negligence or because of the error on the part of work colleague, you could be entitled to claim compensation from your employer. Another criteria that must be met when filing an accident at work claim, is that you do not run out of time because of the statutory limit associated with all personal injury claims.

What Are the Most Commonly Reported Causes of Laceration and Scarring Injuries in the Workplace?

You can suffer a laceration injury at work in many ways, but the most commonly reported accidents that result in this type of injury are detailed below:

  • When a part of your body comes into contact with moving machinery or a blade
  • When you suffer a fall
  • When you are cut with a hand knife that you routinely use in the workplace

Any sort of laceration can result in scarring which is part of the healing process. Scarring can also occur should your injury require surgery. If the scarring is severe, you can suffer serious psychological damage which includes depression all of which would be taken into account when filing a laceration and scarring claim against your employer.

What Workers Are Most at Risk of Sustaining Lacerations and Scarring?

As previously mentioned, you could suffer a laceration injury in a multitude of ways and circumstances when you are at work. The most at risk of suffering this type of injury includes people who work in the following industries:

  • Factories
  • Warehouses
  • Offices
  • Tree surgery
  • Kitchens
  • Hospitals

If you sustain a laceration injury while you are at work, the incident must be reported to RIDDOR and should your injury mean that you are not able to work for 7 consecutive days or more, a report must be sent to the Health and Safety Executive and this has to be done with 15 days of the accident at work that left you with a laceration injury happened.

What Are the Consequences of Laceration and Scarring Injuries?

Sustaining a serious laceration injury could result in the following:

  • The loss of a limb because the laceration you sustained was catastrophic
  • Fracture and broken bones which means surgery would be required as part of your treatment
  • Damage to muscles, tendons and ligaments
  • Nerve damage
  • Skin grafts
  • Tissue damage
  • Surgical intervention
  • Infection

How Are Laceration Injuries Treated?

Severe, deep lacerations injuries typically require stitching, suturing or gluing which helps prevent infection taking hold and promotes healing. With this said, it is extremely important for a laceration injury to be treated as a matter of urgency and it must be kept clean before any treatment is administered. As such, if you suffer a laceration injury at work, you must seek first-aid from the designated person before being taken to the Accident and Emergency department of your local hospital.

The sooner a laceration injury is correctly treated and antibiotics are administered, the less chance there is of infection taking hold in the wound which could lead to a lot of complications and scarring issues.

Can Laceration Scarring be Corrected?

If you were left with severe scarring following a laceration injury sustained in the workplace, it may be possible to surgically correct the amount of damage that has been done to the area of your body that is affected. A specialist would be able to assess the scarring before advising on the best way to correct the problem which could involve re-stitching the original wound so that it leaves you with a much finer scar that is a lot less visible.

How is the Compensation for Lacerations and Scarring Claims Worked Out?

The level of compensation you may receive should your laceration and scarring claim be upheld, would depend on the severity of your injuries and where the scarring is. Another factor that would be taken into consideration when calculating how much laceration and scarring compensation you could be awarded, would depend on how complicated your case happens to be and whether or not your injuries are so catastrophic that you would not be able to work again.

Compensation amounts are divided into two parts which are referred to as “general damages” which are awarded and calculated on the pain and suffering your injuries caused you and “special damages” which are calculated on the out of pocket expenses and other costs you had to pay out as a direct result of your injuries.

As such, you should keep all the receipts for medical, travel and other expenses you paid out because they would be needed as proof of your expenditure when calculating the amount of compensation you would receive in special damages.

Who Pays The Settlement in a Laceration and Scarring Claim?

Your employer must have liability insurance which provides cover for injuries you may sustain while in the workplace. The policy must be issued by a recognised insurance provider and it must meet the legal requirement which is set at £5 million. As such, when you make a personal injury claim against an employer to seek compensation in a laceration and scarring claim, it is the insurance company who pays the compensation you are awarded in a successful claim.

Would My Laceration and Scarring Claim Be Heard in Court?

Providing your employer does not dispute your laceration and scarring claim against them, your case would be settled by the insurance provider without the need for it to be heard by a judge in court. However, if your employer does not admit liability for the workplace injuries you sustained, your solicitor would investigate their claim to see if responsibility would be admitted and if not, court proceedings against your employer would be filed. In short, your case would go to court if your laceration and scarring claim is disputed.

It is worth noting that the majority of personal injury claims are settled “out of court” by insurance providers. As such, an experienced accident at work solicitor would enter into negotiations with the insurers to work out a fair level of laceration and scarring compensation for you which is one of the great advantages of having lawyer representation in personal injury claims.

Employee Injury At Work Advice

What Are the Advantages of Having a No Win No Fee Lawyer Represent Me?

Working with a lawyer who has vast experience in handling laceration and scarring injury claims offers many advantages some of which are detailed below:

  • Once satisfied that you have a strong case against an employer, a firm of lawyers would work with you on a No Win No Fee basis which in short, means you would not have to worry about finding the money to pay for the legal representation the lawyer provides
  • Your initial consultation with a No Win No Fee lawyer would be free of charge and it allows the firm the opportunity of assessing whether a laceration and scarring claim is valid and therefore stands a higher than average chance of being successful
  • You would be provided with essential advice on what evidence is required to prove your claim against a negligent employer
  • Should your employer deny liability, a lawyer would carry out a thorough investigation of their claims to see if they can get your employer to admit responsibility for the injury you sustained in the workplace
  • The lawyer would respect all pre-action protocols and would communicate with your employer and their liability insurance providers directly
  • A lawyer would ensure that you are examined by an independent medical professional who would provide an extensive, detailed report on the lacerations and scarring you suffered. The report is an essential document that would be used when calculating the level of damages you may receive in a successful laceration and scarring claim
  • You would have the advantage of being seen by medical professionals so that you receive the best aftercare, therapies and treatments that may be deemed necessary
  • A lawyer would work hard to negotiate the level of laceration and scarring compensation you rightly deserve which would be settled by your employer’s insurance provider

When a solicitor takes on your laceration and scarring claim, they would inform you of how much compensation you may receive and they would do so at the earliest opportunity which is another benefit of having a firm of lawyers represent you when making a personal injury claim against a negligent employer.

Should I File a Laceration and Scarring Claim Against My Employer?

Suffering lacerations which results in scarring can be devastating, more especially if the scarring is on an area of your body that is highly visible. A laceration injury can be so catastrophic that it results in having a limb amputated. Even losing a finger, thumb or toe can have an affect on your ability to work and can negatively impact your overall health and well-being. As such, seeking compensation from your employer for this type of workplace injury is perfectly acceptable, more especially as they would have liability insurance in place to cover this type of eventuality bearing in mind that the insurance is a legal requirement for all employers in the United Kingdom.

What are My Workers Rights If I Am Injured at Work?

Your rights are protected if you are injured in the workplace. Should you suffer laceration and scarring injuries, you have the right to the following:

  • Seek compensation for the injuries you sustained providing your claim meets the necessary criteria
  • To know that your job is safe when you file an accident at work claim against your employer

What Are My Employer’s Responsibilities in the Workplace?

Your employer has a duty of care towards you when you are in their employment which is to set in place all “reasonable” measures to keep you safe from harm and injury. Should an employer fail in their “duty” and you suffer laceration and scarring injuries, you would have the right to seek compensation for the pain, suffering and out of pocket expenses you incurred as a result of their negligence.

Your employer must do the following:

  • Abide by all Health and Safety Executive legislation and other laws that are set in place to protect employees from harm and injury in the workplace
  • To make sure that all employees and other workers are given adequate training to carry out their jobs and to ensure that ongoing training is provided
  • To ensure that working practices and procedures are clearly detailed
  • To provide the correct personal protective equipment to all employees and other workers
  • To carry out risk assessments of a working environment and to set in place “reasonable” measures to reduce the risk of harm and injury to employees and other workers
  • To make sure that all tools, machinery and equipment are maintained in good working order

What is the Statutory Time Limit To Filing a Laceration and Scarring Claim Against an Employer?

There is a 3 year statutory time limit that must be respected when filing a laceration and scarring claim against your employer. The time limit begins as follows:

  • 3 years from the date of your workplace injury
  • 3 years from the date you are diagnosed as suffering from a medical condition or other health issue that can be linked to your workplace injury
  • 3 years from the date you turn 18 years of age should you have sustained your injuries prior to being 18 years old

Could I Lose My Job For Filing a Laceration and Scarring Claim Against My Employer?

Your employer would be acting illegally if they fire you because you file a personal injury claim against them. Even if your employer threatens you in any way because you seek compensation or they make your working life hard, you should consult a lawyer who specialises in employment law because there is a high chance you could also file other court proceedings against your employer.

Would a Solicitor Work on a No Win No Fee Basis on My Laceration and Scarring Claim?

As previously mentioned, a firm of solicitors would first have to assess your laceration and scarring claim against your employer before they would agree to work on your case without having to request a retainer from you. However, once a lawyer is satisfied that your employer could be held liable for the workplace injuries you sustained and that you have a strong personal injury claim against them, they would enter into a No Win No Fee agreement with you.

This means you would not have to worry about finding the funds to pay for the legal representation a No Win No Fee lawyer provides. In short, there would be no upfront or ongoing fees to find once you sign a Conditional Fee Agreement (CFA) with a firm of lawyers.

A CFA is a legal contract between you and the firm of lawyers who represent you in a laceration and scarring claim. The agreement lays out the Terms and Conditions as well as the “success fee” you agree to pay the solicitor but only if your case is successful. Should you lose your claim, there would be nothing to pay the lawyer because of the No Win No Fee agreement you signed with them.

The “success fee” that is due to the solicitor on a successful claim would be taken out of the laceration and scarring compensation you are awarded whether in an out of court settlement or by a judge in court, should your employer deny liability for the injuries you sustained.

Employee Injury At Work Advice

Informative Links

If you would like more information on how laceration injuries are treated, the following link takes you to the NICE CKS website where you will find a lot more information on this type of injury:

More about the treatment of laceration injuries

To read more about the 3 year statutory time limit associated with personal injury claims, the link below takes you to the Citizen’s Advice website where you will find a lot of useful information:

More about the statutory 3 year personal injury time limit

Could I File an Occupational Dermatitis Claim Against My Employer?

Dermatitis is a painful skin condition that can turn very nasty with blisters forming and skin cracking which could leave you open to infection. If your working environment involves handling any sort of toxic substance or material, you are put more at risk of developing what is referred to as “occupational dermatitis”.

Employee Injury At Work Advice

If you have developed occupational dermatitis and you can prove that your employer was negligent in their duty to keep you safe from injury and harm while you are in their employment, you may be entitled to seek compensation from them for all the pain, suffering and out of pocket expenses you had to cope with through no fault of your own. To find out more on how to file an occupational dermatitis claim against an employer, please read on.

What Are the Common Symptoms Associated With Occupational Dermatitis?

Symptoms associated with occupational dermatitis are exactly the same as the symptoms of dermatitis. The only difference being in the way that this skin condition is contracted with occupational dermatitis being a painful condition that is contracted as a result of the environment you work in and the substances you may have to handle during the course of your daily duties.

Occupational dermatitis symptoms you may experience could include the following:

  • Redness of the skin
  • Blotchiness of the skin
  • Itchy skin
  • Cracking of your skin

It is worth noting that the occupational dermatitis symptoms you may experience would depend on the severity of your condition and which substances you may have come into contact with. This includes whether it was just a one time occurrence or whether your condition developed over a longer period of time in the workplace.

What Employees Are More At Risk of Developing Occupational Dermatitis?

If you work with any of the following substances/materials, you would be more at risk of developing occupational dermatitis:

  • Soaps
  • Chemicals
  • Cleaning substances and materials

It is worth noting that should you work with any of the following substances/materials over a long period of time, you may also be put more at risk of developing occupational dermatitis:

  • Petroleum
  • Latex
  • Nickel
  • Rubber
  • Flour
  • Cement

Although much rarer, instances of workers developing the condition have been reported when they are subjected to prolonged exposure to the following:

  • Radiation
  • Abrasion
  • Vibration

The industries where workers are most at risk of suffering from occupational dermatitis include the following:

  • Beauty salons
  • Chemical manufacturing
  • Cleaning companies
  • Biological plants
  • Florists
  • Hospitals

The reason employees/workers in these sectors are more at risk of developing occupational dermatitis, is that they are more frequently exposed to allergenic chemicals and irritants which includes bleaches, paints, dyes and lye to name but four substances that could trigger the condition.

What is the Law When it Comes to Occupational Dermatitis?

Over the years, the UK has introduced laws and regulations which were set in place to protect workers and their rights which includes when working in higher risk industries. These laws are detailed below:

  • The Health and Safety at Work Act 1974 – all employers must abide by the legislation which states that all employees must be kept safe from injury and harm in the workplace and that employers must set in place “all reasonable measures” to ensure that accidents in the workplace are kept to a minimum
  • The Control of Substances Hazardous to Health (COSHH) Regulations 2002 – all employers must set in place measures to prevent or to minimise the risk of employees being exposed to dangerous and hazardous substances which includes irritants and chemical agents

Employers are duty bound by law to comply with all the regulations and legislation that is set in place to protect you from harm while you are in their employment and they must do so by carrying out the following:

  • Frequent and thorough risk assessments of the working environment with an end goal being to identify hazards that could lead to employees developing dermatitis
  • To provide all employees and other workers with sufficient training when it comes to dealing with and handling potential hazardous substances and materials which includes irritants
  • To provide all employees and other workers with adequate personal protective equipment to ensure the risk of being exposed to hazardous substances and materials is reduced
  • To explore the possibility of using alternative materials and substances that are not toxic wherever possible

Should your employer fail in any of the above and you develop occupational dermatitis at work, you could be entitled to seek compensation for the pain, suffering and out of pocket expenses you incur because it could be deemed that your employer was negligent when it came to making sure you were kept safe from harm and injury while you were in their employment.

How Do I Prove My Occupational Dermatitis Claim Against My Employer?

To file for occupational dermatitis compensation from your employer, you would need to provide evidence that your condition is the result of the work you do or that you came into contact with a toxic substance/material during the course of your work. As such, you would need to provide the following:

  • A detailed report from an independent dermatologist outlining your condition

Your employer may dispute the claim that you came into contact with an irritant or other hazardous substance in the workplace and that you were suffering from dermatitis prior to working for them. An employer could also argue that you were exposed to some kind of “trigger” outside of the working environment. As such, it is extremely important to provide enough proof that you developed the condition in the workplace for your occupational dermatitis claim to be upheld.

What Level of Compensation Could I Receive in an Occupational Dermatitis Claim?

The amount of compensation you may receive in a successful occupational dermatitis claim would be determined on the severity of your condition and how it has impacted your overall health and well-being. Personal injury compensation is calculated case by case which in short, means that the level of compensation one person receives may differ from the amount someone else is awarded. As such, the occupational dermatitis compensation amounts indicated below are provided as a guideline only:

  • Severe occupational dermatitis on both hands, the level of compensation you may be awarded could be between £10,960 and £15,300
  • Occupational dermatitis on both hands where treatment is successful to a certain extent, you may receive between £6,890 and £9,100
  • Dermatitis that causes irritation and discomfort to both hands where treatment could see an improvement over several months, you may be awarded between £1,360 and £3,150

 What Benefits are There to Working with Solicitor on an Occupational Dermatitis Claim?

This type of personal injury claim can be complicated because proving that you developed occupational dermatitis at work is often quite challenging. As such, having the experience of a lawyer who has vast experience in handling dermatitis claims on behalf of employees, offers many benefits and advantages, some of which are detailed below:

  • A solicitor would assess your claim by examining your working environment
  • The firm of lawyers would determine if your employer adhered to their legal responsibility which is to keep you safe from harm and injury while you are in their employment
  • The solicitor would arrange for you to be examined by an independent medical professional who specialises in dermatitis. The consultant would provide an essential detailed medical report of your condition which would then be used to base the amount of occupational dermatitis compensation you are awarded
  • Once the firm of lawyers determines that you have a strong case against your employer and that your case stands a very good chance of being successful, they would offer to represent you on a No Win No Fee basis, taking all the worry of finding the money to pay for a solicitor off the table. There would be no retainer/upfront fee to pay or ongoing fees as your occupational dermatitis claim progresses
  • The solicitor would respect all pre-action protocols when communicating with your employer and their liability insurance provider
  • A No Win No Fee solicitor would work hard to ensure you receive the level of occupational dermatitis you deserve for the pain, suffering and out of pocket expenses you had to cope with

Solicitors who work with you on a No Win No Fee basis would also be able to arrange for you to receive specialist treatment should your condition be so severe that you require ongoing therapy.

Employee Injury At Work Advice

What Can I Include in an Occupational Dermatitis Claim?

The way compensation is calculated for personal injury claims is detailed below:

  • General damages which are awarded for all the suffering and pain you had to go through as a result of developing occupational dermatitis at work
  • Special damages which are awarded and calculated on the “actual” expenses and other financial outlays you had to deal with as a direct result of your condition. This includes all your medical and travel expenses whether you go to a hospital or another medical facility by car, taxi, train, bus or by other means. As such, it is extremely important that you keep all relevant receipts which would be needed as proof of the expenses you incurred

Should I Sue My Employer if I Develop Occupational Dermatitis?

All employees are entitled to seek compensation for any injuries or health issues/conditions they develop in the workplace providing they can meet specific criteria. This is that it can be proved that a medical condition such as occupational dermatitis was the result of the environment worked in and/or that an employer was negligent in their duty to keep workers/employees safe. Other criteria includes the statutory time limit that is associated with all personal injury claims.

It is worth noting that employers in the United Kingdom must by law hold liability insurance which provides the required legal cover of £5 million. The policy must be issued by a recognised insurance provider and failure to have it, could mean your employer would be liable for hefty fines which are issued by the enforcing authority.

As such, when you seek occupational dermatitis compensation, it is your employer’s insurance provider who would handle your claim and they would be the ones who negotiate the compensation you may receive if your case is successful. The majority of personal injury claims are settled out of court, providing an employer does not dispute an occupational dermatitis claim. If your claim is disputed, the lawyer who represents you would investigate your employer’s claim before issuing court proceedings against them should they deem this to be necessary.

 What are My Workers Rights If I Develop Occupational Dermatitis?

Your worker’s rights are protected and this includes when you develop a condition like occupational dermatitis at work. You have the right to do the following:

  • Seek compensation from your employer
  • To know that your job is safe even if you choose to file a personal injury claim against your employer

If an employer chooses to make your working life difficult or threaten you for seeking compensation, they would be acting illegally and as such, you should seek advice from a lawyer who specialises in employment law before doing anything else which includes resigning from your post.

What Are My Employer’s Responsibilities in the Workplace?

Your employer has a duty of care towards you and all your work colleagues in the workplace. This is to keep you safe from injury and harm by setting in place all “reasonable” measures to prevent accidents and exposure to hazardous substances and other materials. If an employer does not abide by the Health and Safety Executive legislation or the Control of Substances Hazardous to Health (COSHH) Regulations 2002 and you develop occupational dermatitis at work, you have the right to sue them for the pain, suffering and out of pocket expenses.

Is There a Time Limit to Filing an Occupational Dermatitis Claim Against My Employer?

The statutory time limit to filing an occupational dermatitis claim against a negligent employer is as follows:

  • 3 years from the date you were exposed to a hazardous material or substance
  • 3 years from the time you were diagnosed as suffering from occupational dermatitis
  • 3 years from the date of your 18th birthday if you developed the condition prior to having reached 18 years of age

Can My Employer Fire Me For Filing an Occupational Dermatitis Claim?

You cannot lose your job because you seek compensation from your employer by filing an occupational dermatitis claim against them. It is illegal for an employer to show you the door because you do, unless they have another “good” reason for sacking you. If your employer threatens you with redundancy because you seek compensation, the best thing to do is to contact a solicitor who would provide essential legal advice on whether you could take further legal action out against your employer.

Would a Solicitor Work on a No Win No Fee Basis on My Claim?

As previously mentioned, once a firm of solicitors determines that you have a strong occupational dermatitis claim against a negligent employer and that your case stands a good chance of being successful whether it is heard in court or settled by your employer’s insurance provider through negotiation, they would enter into a No Win No Fee agreement with you.

In short, once a Conditional Fee Agreement (CFA) is signed, the solicitor would begin investigating your claim and would communicate with your employer and their liability insurance provider on your behalf without requesting a retainer or ongoing fees. The contract is legally binding and sets out the Terms and Conditions of the agreement and the “success fee” that would only be payable when you are awarded occupational dermatitis compensation.

The agreed percentage that you would have to pay the solicitor is taken out of the money you are awarded in a successful claim when you work with a No Win No Fee solicitor. If your case fails and you are not awarded any compensation either by a court or your employer’s insurance provider, there would be nothing to pay the solicitor who represented you in your occupational dermatitis claim against your employer.

Employee Injury At Work Advice