Work Related Burn Injury Claims*

Involved in a Burn Injury Accident*?

A work-related burn injury occurs while an individual is performing their job duties or is present in a work environment. Burns can arise from a number of situations such as heat sources, chemicals, electricity, radiation, or any other hazardous conditions in the workplace.

Work-related burns are classified as occupational injuries and are therefore regulated by health and safety authorities in Ireland.

Work-related burns can range in severity from minor to life-threatening, and they can have significant physical, emotional, and financial impacts on the affected individuals and their employers.

The severity of the burn and the type of treatment required/received play an important role in determining the extent of these effects.

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Common types of burns at the workplace*

According to the World Health Organisation, burns mainly occur in the home and the workplace, common causes of burns in the workplace include open fire, scalds, chemical, and electric burns.

Thermal burn:

These types of burns occur when the skin comes into contact with hot objects, steam, flames, boiling water, or any other heat source. This type of burn is extremely common, as it can occur in any setting, especially the workplace.

Chemical burn:

Chemical burns result from exposure to corrosive chemicals, bases, acids, or any other hazardous substances. These burns can be caused from spills, splashes, or improper handling of harmful chemicals.

Electrical burns:

These types of burns occur when a person comes into contact with live electrical current such as live wires, this causes injury to the skin and its underlying tissues. Unfortunately, this type of burn is notably common for professions such as electricians, electrical engineering, and live line working.

Friction burns:

Friction burns can be very painful and are caused when the skin rubs against a rough surface such as road rash, or an injury caused by friction equipment and machinery.

Radiation burns:

These types of burns occur due to exposure to UV (Ultraviolet) rays, ionizing radiation, or any other type of radiation.

Cold burns/frostbite:

When the skin is exposed to severely cold temperatures or even substances, cold burn will occur. This can cause tissue damage. This type of burn is particularly common with jobs in which you are exposed to cold conditions, such as factories or warehouses.

How can a burn injury affect my life?

Physical effect:

Depending on the severity of the burn, physical consequences can range from mild discomfort to severe pain, disability, or disfigurement. Burns can cause skin damage, nerve injuries, and impair movement, making it challenging to carry out everyday tasks and work-related activities.

Emotional/Psychological effect:

After experiencing a burn injury, it can lead to emotional distress, including anxiety, depression, post- traumatic stress disorder (PTSD), and

Body image issues. The visible scarring resulting from a burn injury can really affect a person’s self-esteem and confidence and could lead to social and psychological challenges.

Work limitations:

Depending on the nature of your job, and the extent of your burn injury, an individual may face temporary or permanent limitations in their ability to perform tasks within their job.

This could result in reduced working hours, change in job responsibilities, or even the need to switch to a different job/line of work.

Financial strain:

Burn injuries can require extensive medical treatment such as hospitalizations, surgeries, medication, and rehabilitation. The cost of medical care, along with the potential loss of income during recovery can lead to financial struggle for the injured worker and their family.

Social life:

Burn injuries can impact a person’s social life and relationships. The physical and emotional challenges can cause individuals to withdraw from social interactions or feel uncomfortable in social settings.

Rehab and recovery:

Rehabilitation for burn injury wounds is an extremely difficult and time-consuming effort, its aim is to help the victim gain more long-term function. The rehabilitation periods can be long and can be very mentally and physically draining for the victim and their loved ones.

Common causes of burns at work

Without proper implementation of safety measures, Burns can occur in the workplace due to a variety of causes and factors.

Here are some of the main causes of burns in the workplace.

Contact with hot surfaces:

Employees may come into contact with hot equipment, machinery, or surfaces, leading to thermal burns. Examples include hot stoves, ovens, metal surfaces, or steam pipes. Thermal burns are among the most common types of burns sustained.

Lack of proper Personal Protective Equipment (PPE):

Failure to provide and use proper PPE such as gloves, protective clothing, and goggles can increase the chances and the effects of sustaining a burn injury in the workplace.

Falls and collisions:

In some cases, workers can suffer burn injuries as a consequence of a fall or a collision, such as touching a hot surface after falling or tripping.

Inadequate training:

Lack of proper instruction on how to handle equipment, chemicals, and other burn hazards, can result in injury.

Scalds:

In settings such as kitchens, food processing, and any other jobs dealing with hot liquids there is a risk of scalds.

Explosions and fires:

Explosions and fires can cause thermal burns as well as injuries from shockwaves. These incidents can occur in various industries, including chemical plants, refineries, and construction sites.

Filing a burn injury claim

Filing a work injury claim in Ireland involves several steps and can vary depending on the circumstances and severity of the injury. Here’s a general guide to help you understand the process.

Report the injury:

Inform your employer of supervisor of the accident as soon as possible. They should provide you with an incident form to complete. This is an important aspect of documenting an injury.

Seek medical attention:

If your injury requires medical attention, see a doctor or a healthcare professional immediately.

Inform HAS:

The Health and Safety Authority (HSA) oversees workplace safety in Ireland. If your injury is serious or if you have concerns about workplace safety, you can contact the HSA to report the incident.

Consult a solicitor:

It is advised to consult a solicitor; at Tracey solicitors LLP we specialise in personal injury and workplace accidents. We are here to guide you on your legal journey. A solicitor can help you understand your rights and options.

Submit a personal injury claim:

Your solicitor will assist you in preparing and submitting a personal injury claim to the Injuries Board (formerly known as the Personal Injuries Assessment Board or PIAB). The Injuries Board assesses personal injury claims and makes recommendations for compensation.

Assessment and Settlement:

The Injuries Board will assess your claim based on medical reports and other relevant documentation. They will provide a recommended compensation amount to both parties. If both parties agree to the amount, the compensation will be paid.

Court Proceedings:

If either party disputes the compensation amount or liability, the case might proceed to court. Your solicitor will guide you through this process if it becomes necessary.

Appeals:

If you’re not satisfied with the Injuries Board’s assessment, you can reject it and pursue your claim through legal proceedings. Your solicitor will advise you on the best course of action.

Time limits for filing a burn injury claim at work:

The time limit for filing a personal injury claim, including a burn injury claim, in Ireland is generally two years from the date of the incident that caused the injury. This time limit is set by the Statute of Limitations, which outlines the period within which a legal action must be initiated.

It is recommended that you consult with a legal professional or a solicitor as soon as possible after experiencing a burn injury at work, as each circumstance is different, At Tracey solicitors LLP we understand that each accident is different and should be treated differently according to the needs of the client. Our expert team of personal injury specialists have vast experience in work related burn injuries and are more than happy to guide you on your legal journey, giving you time to heal.

Employer’s responsibilities and duty of care

Health and Safety at Work Act 2005:

This act outlines the responsibilities of employers to provide a safe and healthy work environment for their employees. It also establishes the Health and Safety Authority (HSA), which enforces workplace health and safety regulations.

An employer’s duty of care regarding workplace burn injuries refers to their legal and ethical responsibility to ensure the health, safety, and well being of their employees by taking reasonable steps to prevent the risk of burn injuries in the workplace. The duty of care by employers is governed by occupational health and safety regulations, laws, and standards that are specific for each Jurisdiction.

Some key aspects of an employer’s duty of care regarding workplace injury:

Risk assessment: employers should complete a thorough examination to identify any and all potential burn hazards in the workplace, such as identifying sources of heat, chemicals, surfaces, open flames, or other burn injury hazards.

Prevention:

Once all hazards have been acknowledged employees are expected to put in place all protective measures required to reduce the risk of any burn injuries. This can include ensuring adequate Personal Protective Equipment (PPE) is supplied, implementing engineering controls (ventilation, insulation etc) and establishing safe work procedures.

Training:

Employers’ duty is to provide proper and thorough training regarding burn hazards, safe working practises, and proper use of PPE. Employees should be able to identify situations that could lead to possible burn injuries. Employees should know what to do and how to respond if a burn incident occurs.

Emergency response:

Employers should have effective emergency response procedures in place for dealing with burn injuries. This includes providing first aid training, maintaining well-equipped first aid kits, and ensuring that employees know how to respond in case of a burn incident.

Incident Reporting and Investigation:

If a burn injury occurs, employers should have a system in place for reporting and investigating such incidents. This allows them to identify the root causes, take corrective actions, and prevent similar incidents in the future.

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What do I do if I’m involved in a burn injury accident?

If you were involved in a burn injury accident, there are a number of steps you should follow:

1. Seek medical attention

   Your health is your wealth and should be your first priority. Immediately after your accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else was involved in the accident that needs medical attention. If you or anyone else involved has sustained a serious injury, ensure that you contact an ambulance to attend the scene.

   For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future which can involve pain and suffering. In this case, it is always better to be safe than sorry and is advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

2. Report the accident

   It is critical to report the accident to your superior, i.e. a supervisor at the time of the accident. It doesn’t matter how small you think the accident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than 3 days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.

3. Identify any witnesses

   If possible, try to collect the contact details of anybody that witnessed your accident. This may be of use if you do decide to pursue a claim. It is also useful to find out if there is any CCTV in the area where your accident happened.

4. Document the incident

   It is important that you collect all the relevant information in connection with your accident:

   • How the accident happened
   • Details of any witnesses
   • If there are any CCTV recordings of your accident
   • Take pictures of where the accident happened and what caused your accident

5. Speak to a burn injury claims solicitor

   If you are considering moving forward with your burn accident claim for any personal injuries sustained, it is advisable that you speak with a personal injury solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board for assessment. A personal injury solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your personal injury claim quickly without unnecessary delays.

   It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim for compensation.

   Here at Tracey Solicitors LLP, we have a lot of experience in personal injury law. We have a team of personal injury lawyers that deal with personal injury and negligence claims. As a professional law firm, we want to ensure we achieve the best possible outcome for you.