Facial Burns

A facial burn is an injury to the skin and underlying tissues of the face caused by exposure to heat, chemicals, electricity, or radiation. This type of burn can affect the epidermis, dermis, and deeper structures, depending on its severity. Facial burns are particularly concerning due to the face’s complex anatomy, including vital structures like the eyes, nose, and mouth, and the significant psychological impact of facial disfigurement. Treatment often requires specialised care to manage functional impairments, scarring, and the associated psychological effects, aiming to restore both appearance and function. When facial burns injuries are caused by wrongful actions or negligence on the part of a third party, there is likely to be strong grounds to bring a personal injury compensation claim.

What sort of negligent behaviours can lead to facial burns injuries?

Facial burns injuries can be sustained due to failure to follow safety protocols in workplaces involving hazardous materials or hot equipment, inadequate supervision or training in the use of dangerous machinery, improper handling or storage of flammable substances, and neglecting to maintain fire safety equipment. In healthcare settings, errors during surgical procedures or misuse of medical devices involving heat or chemicals can cause burns. Negligence in product design, leading to faulty appliances or defective safety features, can also result in facial burns, making manufacturers and employers potentially liable for resulting injuries.

What laws must employers adhere to?

A key piece of legislation is the Safety, Health and Welfare at Work Act 2005, which mandates providing a safe working environment to prevent injuries, including facial burns. Employers are required to conduct risk assessments, implement appropriate safety measures, and provide adequate training on handling hazardous materials and equipment. They must also ensure the proper maintenance of machinery, use of personal protective equipment (PPE), and adherence to fire safety regulations. The law obliges employers to report and investigate workplace accidents, taking steps to prevent recurrence and ensuring ongoing compliance with health and safety standards.

How is it possible to prove liability on the part of an employer?

It will be necessary to demonstrate that the employer breached their duty of care under the Safety, Health and Welfare at Work Act 2005. This involves showing that the employer failed to provide a safe working environment, such as inadequate training, lack of protective equipment, or failure to maintain equipment. Evidence may include witness statements, safety records, risk assessments, and expert testimony. It must be established that this negligence directly caused the injury, linking the employer’s actions or omissions to the harm suffered by the employee.

How much compensation can be claimed?

Due to the significant psychological and life-altering impact of facial burn injuries, these cases can result in substantial compensation payouts. The exact amount depends on the severity of the injury, its effect on the victim’s quality of life, and associated financial losses. Compensation typically includes general damages for pain, suffering, and disfigurement, as well as special damages for medical expenses, lost earnings, and ongoing care needs. In line with the Judicial Council’s Personal Injuries Guidelines, compensation can exceed €100,000 in severe cases of facial disfigurement.