Accident at work - chemical burns

Mr B was employed as a handyman.  He was tasked was to clear the yard of debris.  Previously, his employers had washed out a lorry containing chemical waste into the yard.  There were drains present but one of the drains was missing its manhole cover.  Apparently, the manhole cover had been removed to carry out works in the yard and had not been replaced.  Mr B’s employers did not warn him of the content of the fluid on the ground which was chemical mixed with water.  Whilst clearing the yard Mr B stepped on the ground where the drain was missing its cover, and this could not be seen due to the water and fluid on the ground.  Mr B’s foot went down into the drain which contained the chemical.  Despite him wearing his work safety boots Mr B sustained chemical burns to his foot which were extremely painful and left him with scarring.  He attended hospital and following debridement of the blisters was referred to the Plastic Surgery team for dressings over a period of weeks.  The Claimant required some care and assistance at home from family members to navigate the stairs as well as bathing and dressing. 

Sometimes in the workplace an accident is just that, an accident.  However, an employer does owe its employees a duty of care whilst they are carrying out their employment.  If an accident is due to a failure to ensure that employee’s safety because of something the employers have done or omitted to do then liability would be established.  If an employee, then suffers an injury as a result of that breach i.e. proved that their omission or act had caused the injury then compensation can be recovered.  A Claimant would be compensated for the injury they sustained and any financial loss such as loss of earnings,  care and treatment or expenditure such as travel to appointments and prescription or medication charges. 

A claim normally takes between 12- 18 months dependent upon the speed of your recovery and whether or not liability is admitted straight away.  If liability is initially denied and Tilly Bailey & Irvine still consider you have reasonable prospects, they will continue to investigate your claim in order to establish whether there is potential in succeeding and to either negotiate a settlement with the Defendant or, where necessary, to issue proceedings in the Court.  Not all firms will proceed in the face of a denial of liability but here at TBI we believe in fighting for the recourse an injured person deserves.