Personal Injury question
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Discussion

wjwren

Original Poster:

4,484 posts

157 months

Tuesday 13th June 2023
quotequote all
My step daughter has just started working. As part of her job she handles a chemical cleaner. The ppe manual says nothing about wearing gloves to use this cleaner. The cleaner is in a cannister and once clicked on doest stop until its empty.
The cleaner has leaked out and down the side of the can on to her hands and caused 2nd degree burns.
We have contacted a solicitor advised they will take 40% commission.

Anyone experienced personal Injury claims and know of a ball park figure?
The day after this happened they changed the procedure to you must use gloves.
She is still off work and has been told by the hospital that she won't be able to put her hands in the sun for 12 months.

threadlock

3,210 posts

276 months

Tuesday 13th June 2023
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What do the instructions on the cannister say about PPE precautions?

wjwren

Original Poster:

4,484 posts

157 months

Tuesday 13th June 2023
quotequote all
Nothing on th3 can about using ppe. Just the Ingredients.

BertBert

20,861 posts

233 months

Tuesday 13th June 2023
quotequote all
wjwren said:
Nothing on th3 can about using ppe. Just the Ingredients.
I'm sure you are right, but that can't be right. A cleaning product that produces 2nd degree burns with no safety warnings? Sorry I can't contribute to your actual question.

threadlock

3,210 posts

276 months

Tuesday 13th June 2023
quotequote all
And no instructions?

wjwren

Original Poster:

4,484 posts

157 months

Tuesday 13th June 2023
quotequote all
Instructions on the can. The fluid didn't spray "out" it dribbled down the can and onto fingers. It's a one press system so was no way to stop it.


alabbasi

3,114 posts

109 months

Tuesday 13th June 2023
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She can talk to a lawyer, if he or she does not want to pick up the case, she probably does not have one.

archie456

501 posts

244 months

Tuesday 13th June 2023
quotequote all
wjwren said:
Nothing on th3 can about using ppe. Just the Ingredients.
There is a safety data sheet for the product here

The product is the same as used in household insecticides and broadly non-hazardous.

The part that seems relevant is "Rapid evaporation of the liquid may cause frostbite", and the use of gloves is recommended.

Grumps.

16,854 posts

58 months

Tuesday 13th June 2023
quotequote all
Can't see any reason why you would have a case, even after reading the datasheet.

If she wasn't sure she should have asked for some gloves or ppe.

InitialDave

14,278 posts

141 months

Tuesday 13th June 2023
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The technical data sheet is on their website, but the material safety data sheet is a link to a form to request it, hmm.

It's the responsibility of her employer to make sure she has the information and ppe to do her job safely, and if she's been injured using it, have they investigated that?

TonyRPH

13,454 posts

190 months

Tuesday 13th June 2023
quotequote all
The primary ingredient is Permethrin

Wiki states: "Permethrin application can cause mild skin irritation and burning."

Additionally, the safety sheet posted above states:

In the event of splashes or contact with skin :
Flush contaminated skin with plenty of water. Remove contaminated clothing and shoes. Get medical attention if symptoms occur.
Rapid evaporation of the liquid may cause frostbite.

It also goes on to state:

7.1. Precautions for safe handling
Always wash hands after handling.
Remove and wash contaminated clothing before re-using.
Remove contaminated clothing and protective equipment before entering eating areas.

kurokawa

662 posts

130 months

Tuesday 13th June 2023
quotequote all
archie456 said:
There is a safety data sheet for the product here

The product is the same as used in household insecticides and broadly non-hazardous.

The part that seems relevant is "Rapid evaporation of the liquid may cause frostbite", and the use of gloves is recommended.
according to the data sheet, it is mostly 134a with small conc. of Phenothrin. none of them should cause chemical burn.

I believe OP have to find out what actually cause the chemical burn to build the case

wjwren

Original Poster:

4,484 posts

157 months

Tuesday 13th June 2023
quotequote all
Grumps. said:
Can't see any reason why you would have a case, even after reading the datasheet.

If she wasn't sure she should have asked for some gloves or ppe.
The company manual does not state using gloves. No employees use gloves. Well they do now.Although the product manufacture does.

hidetheelephants

33,394 posts

215 months

Tuesday 13th June 2023
quotequote all
wjwren said:
My step daughter has just started working. As part of her job she handles a chemical cleaner. The ppe manual says nothing about wearing gloves to use this cleaner. The cleaner is in a cannister and once clicked on doest stop until its empty.
The cleaner has leaked out and down the side of the can on to her hands and caused 2nd degree burns.
We have contacted a solicitor advised they will take 40% commission.

Anyone experienced personal Injury claims and know of a ball park figure?
The day after this happened they changed the procedure to you must use gloves.
She is still off work and has been told by the hospital that she won't be able to put her hands in the sun for 12 months.
Is this documented in any way? Can she get corroborating testimony or statements from colleagues? I'd have thought that's a straightforward admission of failure by the employer.

Hammersia

1,564 posts

37 months

Tuesday 13th June 2023
quotequote all
hidetheelephants said:
Is this documented in any way? Can she get corroborating testimony or statements from colleagues? I'd have thought that's a straightforward admission of failure by the employer.
This ^^^^^^


Grumps.

16,854 posts

58 months

Tuesday 13th June 2023
quotequote all
Is this a new product they are using for the first time?

wjwren

Original Poster:

4,484 posts

157 months

Tuesday 13th June 2023
quotequote all
Yes we have proof. We have a copy of the email sent out rhe day after and a change in the manual

FMOB

1,994 posts

34 months

Wednesday 14th June 2023
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Not nice and personally it does sound like something went wrong and they are shutting the stable door after the horse has bolted.

As to whether there is any liability that is a difficult question, it is worth talking to a personal injury solicitor even if just to understand whether there is a case. One of the bigger firms that advertise on the telly is probably worth a call as they will triage the case and see if there is a reasonable prospect of success before you commit.

As for the 40% share of any compensation, this feels very high and usually 25% but post pandemic, cost of living crisis things may have changed. Is she a union member? The union's generally have arrangements where the case can be taken on free of charge.

Lastly do not under-estimate how long these things can drag on either.

This is not a recommendation and found via Google but the link has some useful information.

https://www.accidentclaimsadvice.org.uk/burn-injur...

jonwm

2,673 posts

136 months

Thursday 15th June 2023
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As above poster suggests the unions do it all for free, my uncle suffered a loss of a thumb last year due to a pipe building pressure from a faulty part and exploding in his hand, he's had 12 months on full pay so far and they have suggested an out of court settlements of £1m to £1.2m is likely to be accepted by the employer (global company).

Seems hight to me but cant see why they would tell him that if its not on the cards.

DaveA8

697 posts

103 months

Thursday 15th June 2023
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The first thing is to report to the HSE, you can ring them, I have no doubt they will be very helpful
The report will be good for your records