When Could You Claim For A Radiator Accident?
This guide is about your eligibility to claim compensation after sustaining an injury during a radiator accident that wasn’t your fault. Radiators warm the surrounding area using heated water. If these devices have not been installed correctly or they have been allowed to fall into disrepair, they could cause injuries.
Throughout the following sections, we’ll explore how to determine if a third party, such as an employer or the party in control of a public space, has acted negligently. We’ll also provide information about the time limits you must observe when claiming and evidence that will help support your case. Furthermore, we’ll explain how compensation is calculated for personal injury claims of this kind.
Read on for more information about claiming for burns and other injuries caused by a radiator. Additionally, if you were injured by a radiator and would like to discuss your options, our team of advisers can provide you a free consultation to discuss the claims process. They may be able to put you in touch with one of the No Win No Fee solicitors on our panel. Find out more:
Choose A Section
- When Could You Claim For A Radiator Accident?
- What Could Cause A Radiator Accident?
- Evidence Which Could Support A Radiator Accident Claim
- Radiator Accident Compensation Amounts
- Make A Claim For A Radiator Accident With A No Win No Fee Solicitor
- Find Out More About Personal Injury Claims
You may be able to claim compensation for an injury when you can show a third party was in breach of the duty of care they owed you and therefore caused the accident. For instance, if you suffer a radiator accident in a shop, you may be able to claim against the person or party who owns that establishment. Likewise, you could be eligible to claim against an employer for an accident at work. Read on for more information.
Workplace Radiator Accidents
Your employer has a duty of care to take steps to ensure, as far as is reasonably practicable, the safety, health and welfare of their employees. This legal responsibility is enshrined in the Health and Safety at Work etc. Act 1974 and supplemented by other pieces of legislation.
Additionally, the Management of Health and Safety at Work Regulations 1999 stipulates that employers must carry out regular risk assessments and, if a hazard is identified, take reasonable steps to reduce the risk posed by it.
Public Injury Claims
On the other hand, you may be able to claim for a radiator accident in a public place. The Occupiers’ Liability Act 1957 states that the party in control of a public space, who is referred to as the occupier, owes a duty of care to ensure the reasonable safety of members of the public who are visiting that space.
How Long After A Radiator Accident Do You Have To Claim?
The limitation period for this kind of personal injury claim is established in the Limitation Act 1980. According to this law, you have 3 years after the date of your radiator accident to begin your claim.
However, exceptions are made for children and adults without the capacity to claim. For these individuals, the time limit is suspended until a child turns 18 or an adult gains the capacity to represent themselves.
If you have questions about these time limits or their exceptions, contact our team of advisers.
Employer or occupier negligence could mean that a person sustains an injury from a radiator. For example:
- If water is heated to dangerous levels, someone could suffer burns or scalds when they touch the radiator
- A radiator might leak, meaning that someone could slip and fall on the puddle, potentially breaking their leg or pelvis
- If a radiator is left to rust, its surfaces may become jagged and sharp, meaning that someone might cut themselves
- A radiator could be installed incorrectly, meaning that it falls off the wall and causes a broken toe or foot injury
If you have been injured in a radiator accident and have evidence to show a third party was at fault, contact our advisers. Even if you don’t know who the occupier is, you may still be able to claim.
An important aspect of claiming compensation is proving occupier or employer liability. For instance, it may benefit your case if you can provide:
- Contact details for anyone who was a witness to the accident
- Photographs of the radiator that injured you, and the area around it
- CCTV footage showing the accident as it occurred
- Medical evidence
It should be noted that a solicitor can help you collect useful evidence in support of your claim. Speak to our advisers if you’d like to discuss the services offered by a solicitor.
A successful claim can compensate you for two aspects of harm you experience: your physical and psychological suffering, which is compensated through general damages, and financial losses incurred due to your injuries can be recouped through special damages.
Solicitors will usually check the value of general damages by referring to the Judicial College Guidelines (JCG). This publication contains compensation brackets for different injuries, arranged according to type and severity. The following table reproduces some of the JCG’s figures. However, please note that the JCG is only intended as a guide. Any compensation you receive will vary according to your personal circumstances.
JCG Compensation Bracket Figures
|Facial Disfigurement - Very Severe Scarring||£29,780 to £97,330||Young adult claimants - cosmetic effect is very disfiguring and the psychological reaction is severe.|
|Facial Disfigurement - Less Severe Scarring||£17,960 to £48,420||Disfigurement and psychological reaction are still substantial.|
|Facial Disfigurement - Significant Scarring||£9,110 to £30,090||Worst effects have been reduced by plastic surgery leaving some cosmetic disability|
|Scarring to Other Parts of the Body||Likely to exceed £104,830||Burns cover 40% or more of the body.|
|Scarring to Other Parts of the Body||£7,830 to £22,730||A single disfiguring scar to the leg(s), arm(s), hand(s), back or chest.|
|Scarring to Other Parts of the Body||£2,370 to £7,830||Minor cosmetic defect caused by a single noticeable scar to the leg(s), arm(s) or hand(s).|
|(ii) Severe Pelvis or Hip Injuries||£61,910 to £78,400||Traumatic myositis ossificans resulting an ectopic bone around the hip.|
|(ii) Severe Leg Injuries||£54,830 to £87,890||Injuries that create permanent mobility problems. Bracket also includes multiple fractures that have taken years to heal, or where arthritis has developed.|
|Less Severe Arm Injuries||£19,200 to £39,170||Substantial degree of recovery occurs or is expected following a period of experiencing significant disability.|
|Moderate Foot Injuries||£13,740 to £24,990||Displaced metatarsal fractures that cause ongoing symptoms and permanent deformity.|
Could I Be Compensated For Other Losses?
Special damages could help reimburse you for the monetary losses you suffer due to your injuries. For instance, if you badly burn your dominant hand against a radiator surface, you may not be able to perform your job for weeks or months. This could lead to a loss of earnings, which special damages can help you recoup. Other financial losses potentially covered by special damages include:
- Prescription medications
- Care costs
- Travelling to and from hospital appointments
Speak to our advisers to learn more about which aspects of harm you could receive compensation for. Our team is available if you’d like more information about making a public liability or workplace injury claim.
If you’re considering making a claim for burn injuries, broken bones, or other injuries caused by a radiator, it may be worth seeking legal advice. Solicitors can assist with the claims process, helping you navigate workplace or public injury law and ensuring you have a strong case.
Furthermore, the solicitors on our panel usually work under a kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA). While working with a solicitor under a CFA, you:
- Don’t have to pay ongoing service fees
- Get the benefits of a solicitor’s knowledge and experience without paying an upfront fee
- Also, using a CFA means that you typically don’t have to pay for a solicitor’s services if your claim fails. Instead, they are reimbursed through a success fee, which is only applied if your claim succeeds. Success fees are capped by the Conditional Fee Agreements Order 2013.
If you have any questions about the content of this article, our advisers can help. They are available 24/7 using a variety of methods. During a free consultation, they can listen to the accident you describe and provide insight as to the merits of your potential claim. Furthermore, they may be able to put you in contact with one of the solicitors on our panel. To learn more about the services a No Win No Fee solicitor can offer you:
To learn more about personal injury claims, check these guides:
Information from other sources about this topic:
Burns And Scalds – NHS
Employer’s Responsibilities – Health and Safety Executive (HSE)
Request CCTV Footage – UK Government
If you’d like to ask specific questions that relate to your potential radiator accident claim, please contact our team using the details provided above.