How is compensation for facial scarring calculated? What can be included in a facial scar claim against an employer?
Before the amount of compensation for facial scarring can be calculated, you must first confirm that you are entitled to make a claim. If you were injured in an accident at work and suffered cuts to your face, you will only be eligible to make a claim for facial scarring if you can establish and prove that your employer was to blame for the accident.
You must establish that your employer failed in a duty of care and your injuries were sustained as a direct result of negligence. A ‘duty of care’ is a term often used by personal injury lawyers. It means a legal responsibility to ensure that a reasonable amount of care is employed to prevent any reasonably foreseeable accident from occurring or an injury being sustained.
An employer owes a duty of care to all staff members to ensure that the workplace is safe, and working practices do not contravene regulations covering health and safety at work. Although a duty of care certainly existed, determining if the duty of care was breached may not be straightforward.
The easiest way to confirm whether there has been a failure in a duty of care and if your employer has been negligent is to seek advice from a personal lawyer. After being told about the circumstances surrounding the accident, and how you came to sustain your injuries, a lawyer will advise you if you are eligible to claim compensation for facial scarring against your employers liability insurance policy.
If a claim for facial scarring is possible, the lawyer will advise you about the amount of facial scar compensation you are likely to be able to recover by making a claim. A lawyer will only be able to give you an approximate figure until your injuries have been properly examined. A medical assessment is likely to be required to determine the severity of your injuries, whether your scars are likely to heal naturally and if surgical procedures could decrease the extent of your facial scarring. Only when the full extent of your injuries is known will it be possible to calculate your maximum entitlement to compensation for your facial scars.
Treatment costs and other expenses incurred as a result of your injury can be included in a claim under special damages. These are recoverable in addition to facial scar compensation for the pain and suffering caused by your injury, provided they can be substantiated by receipts and invoices. It may also be possible to include mental health issues in your claim for facial scarring, if these have been suffered and can be supported by your medical records.