In April 2023, Thompsons Solicitors Scotland were instructed to act on behalf of a client employed by Thistle Healthcare at Ardencraig Care Home. The client, a healthcare assistant, sustained a significant burn injury while working in the kitchen area of the care home. The incident occurred when a brush was propped diagonally between a workbench and a cooker, with a bucket of scalding hot water positioned underneath it.
As the client attempted to step over the brush, his foot caught on something, causing him to lose balance, and his left foot plunged into the bucket of hot water. This led to a serious burn injury that required extensive medical attention and resulted in the client being off work for three months.
Details of the Incident:
The client had entered the kitchen to refill condiment jars when he noticed the brush propped up between the workbench and the cooker. Underneath the brush was a bucket of scalding hot water that had been emptied from an urn. As the client stepped over the brush, his left foot caught on the brush, causing him to step directly into the bucket of hot water. The client immediately experienced severe pain and his trainer began to steam from the heat. His colleague quickly fetched the nurse on duty, who applied first aid by cooling the burn with a packet of frozen peas.
The client was later taken to hospital, where the wound was assessed, dressed, and monitored over the following weeks. Unfortunately, the injury became infected, requiring further medical treatment and antibiotics. The client continued to receive care for the injury for several months, including regular visits to hospital and the local health centre for dressing changes and treatment.
Medical Assessment:
A medical examination confirmed that the client suffered mixed-depth burns (ranging from superficial to deep partial-thickness) on the dorsum of the left foot, affecting 1.5% of the total body surface area. The injury led to significant pain and hypersensitivity, with an expected recovery period of 6 to 12 months. Permanent scarring was also noted as a lasting result of the injury.
Legal Proceedings and Liability:
A claim was made against the client’s employer, Thistle Healthcare, for failing to provide a safe working environment. It was argued that the brush and bucket of hot water created a hazardous situation that should have been addressed by the kitchen staff. Liability for the accident was admitted by the employer during pre-litigation discussions.
Settlement:
Thompsons Solicitors successfully secured compensation for the client. The client’s claim included loss of earnings, services, and out-of-pocket expenses related to travel for medical treatment. Initially, an offer of £7,922.08 was made by the employer. After discussing the offer with the client, it was decided to seek a higher settlement, as we believed there was potential for a more favourable outcome.
Following negotiations, an increased offer of £8,500 was made, which the client accepted. The client was pleased with the outcome and the support provided throughout the legal process.
Outcome:
Injury: Mixed-depth burns to the left foot, with permanent scarring.
Recovery Time: 6–12 months of ongoing treatment, including management of infection and hypersensitivity.
Compensation: £8,500.
Loss of Earnings: £1,581.24, due to a three-month absence from work.
Additional Claims: Compensation for services and out-of-pocket expenses, including travel costs for medical treatment.
Client Satisfaction:
The client expressed satisfaction with the result and appreciated the thoroughness and persistence shown by Thompsons Solicitors in securing a fair settlement. The case highlights the importance of maintaining a safe working environment and ensuring that hazards are promptly addressed to prevent accidents.
If you or a loved one has been injured in the workplace, Thompsons Solicitors Scotland is here to help. Contact our expert team for guidance and support in pursuing the compensation you deserve.
