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#1 Posted : 07 December 2004 12:51:00(UTC)
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Posted By Alison Melrose
Wondering if anyone can help me - I'm looking for a case where an employee has been injured (burn) whilst using hot oil in a frying pan e.g. person burned as cooker turned up too far and oil has "sparked" causing injury. I have accident stats from the DTI but am looking for compensation payout / prosecution case...

website source would be appreciated...

Thanks
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#2 Posted : 07 December 2004 14:21:00(UTC)
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Posted By David Beckenham
I'm not aware of any similar cases, though I am sure that they exist, and there's too little information to be able to give a realistic estimate of damages. However the Judicial Studies Board in the "Guidelines for the Assessment of General Damages in Personal Injury Cases" is a good place to start. In this guidance they put an injury leaving a noticable scar on the hand, leg or arm in the bracket of £1300 to £2150. However they also state the following:

"A large proportion of awards for a number of noticeable laceration scars, or a single disfiguring scar, of leg(s) or arm(s) or hand(s) or back or chest (male), fall in the bracket of £4,250 to £7,500".

Obviously other damages (loss of earnings, loss of ameanity, lost wages, etc, etc) will need to be added to this.

If you're an employer your insurance company should be able to offer advice.

I hope this helps.

David
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#3 Posted : 07 December 2004 17:02:00(UTC)
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Posted By Malcolm Hogarth
Not helpful to you but an experience to share. Many years ago before I got involved in health and safety I was working in the catering industry when we had a rather nasty accident where one of the chefs was changing the oil in a deep fryer. When she came to empty the hot oil she placed a PLASTIC container under the tap. When she turned the tap on, the hot oil hit the plastic which then melted and spilt oil on the floor. She then slipped on the floor into the oil and sustained severe burns. I was not involved in the accident investigation or subsequent report but a couple of things stand out about the incident. The first was that when she was asked why she put a plastic container under the tap to decant the hot oil into she stated that it was because that was what the oil came in!. The second point is that we were held to account because although we had work instructions/risk assessment, nowhere did it say that staff were not to decant hot oil into plastic containers (We did not specify what sort of container to use). This is when I first heard of the famous 'Common sense does not apply' rule.
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#4 Posted : 07 December 2004 18:33:00(UTC)
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Posted By Nigel Singleton BSc
Try HSE bad boys section:

http://www.hse-databases....asp?SF=CN&SV=F200000375

Cut and paste the link into your browser.

Cheers Nigel
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#5 Posted : 08 December 2004 08:13:00(UTC)
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Posted By jom
There was a recent case in Victoria, Australia where a young employee was cleaning the cowling above the frier. He was standing on the frier and slipped in and received bad burns to his legs.

The company was found guilty of an OHS breach. Sounds a bit like the chef and plastic container scenario.

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#6 Posted : 08 December 2004 10:07:00(UTC)
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Posted By peter gotch
Alison, not case law, but guidance...

http://www.hse.gov.uk/pubns/cais17.pdf

Regards, Peter
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#7 Posted : 08 December 2004 10:13:00(UTC)
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Posted By Alison Melrose
Just like to thank everyone for taking the time to respond.

Cheers
Alison
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