Disfigured from chemical burns - Company fined £400K

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One of the world’s largest chemical manufacturers has been fined £400,000 after an employee was seriously injured while carrying out a routine task.

The worker, 47, was attempting to clear the sump which contained a caustic solution at INEOS’s site in Grangemouth, Scotland, on 25 November 2019.

However, the worker, who does not wish to be named was left with severe burn injuries after he fell into the sump due to inadequate grating.

Disfigured from chemical burns

According to the Health and Safety Executive, the sump had needed emptying as its contents had reached the high-level design threshold the day before on 24 November. After laying out various hoses in preparation for emptying the sump, the worker then entered the sump area.

However, while he was in the sump area, the worker stepped onto the corner of the grating with his right leg, but the grating gave way, causing the worker’s right leg become saturated with the caustic solution after falling into the sump.

According to the Health and Safety Executive, the worker was submerged in the solution for three seconds before pulling himself out and was later treated at the burns unit at St John’s Hospital in Livingston.

The man sustained permanent scarring to his right leg and was in pain for four weeks following the incident before returning to work in December.

A Health and Safety Executive (HSE) investigation into this incident found INEOS had failed to undertake a risk assessment of the work involved. There was also no safe system of work in place. The grating was not secured and there were no barriers in place to prevent a fall into the sump.

HSE guidance on risk assessments states employers, or an appointed competent person, must identify hazards before work takes place, before assessing and controlling the risks involved.

Findings should then be recorded, with employers then urged to review the control measures they have implemented to ensure they are working.

INEOS Chemicals Grangemouth Limited, of Chapel Lane, Lyndhurst, Hampshire, pleaded guilty to an offence under Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £400,000 at Falkirk Sheriff Court on 8 March 2024.

HSE inspector Lindsey Stein said:

“The duties on employers to undertake a suitable and sufficient assessment of risks and to provide a safe system of work are absolute within health and safety legislation and well understood.

“The dangerous properties of caustic are widely known and this incident could so easily have been avoided with the implementation of straightforward control measures identified through assessment.”

Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS), said:

“This accident could have been avoided had the risks been recognised and appropriate systems of work put in place in ensuring workers were protected from harm when working in this area.

“INEOS Chemicals Grangemouth Limited’s failure to assess the risks posed resulted in the severe injury and permanent disfigurement of one of their workers.

“This prosecution should remind duty holders that a failure to manage and implement effective measures can have serious consequences and they will be held accountable for this failure.”

Accidents at work – The law

Employers have a liability to ensure their workers are safe under The Health and Safety at Work Act 1974.

The regulations set out a number of rules including providing a safe working environment that is properly maintained, where operations within it are conducted safely and adequate welfare provisions for staff at work.

It is a criminal offence to fail to comply with the Health and Safety at Work Act. A breach of provisions of regulations can be punishable by fine, imprisonment or both.

If you have suffered from a work-related accident, get in touch with Oakwood Solicitors today.

Claiming for injury at work

You have 3 years to bring a claim within 3 years from the date of your accident, but it is advised that you bring a claim as soon as possible to pursue the matter. You can make a claim if you are an employee, agency worker or a contractor.

In many industries, companies tend to hire contractors and self-employed workers to carry out work on projects. It is a misconception that self-employed workers are always responsible for their own workplace health and safety.

Whilst it is true that they would usually have to take out their own insurance to cover certain aspects, in some circumstances they can claim if they are injured due to the actions of an employed person.

Depending on the relationship between the company and contractor, a self-employed contractor may be able to establish that the accident and subsequent injury was caused by another person or company.

This is largely because the self-employed person will usually have no control over the health and safety and/or risk assessments for the site they are working on.

Accidents at work – Compensation examples

If your Accident at Work claim is successful, you may be entitled to compensation. Compensation is awarded in special damages and general damages.

General damages are awarded to compensate for the physical and/or mental suffering the claimant has experienced due to the accident and the effect it has had on your life. If symptoms are ongoing and are supported by medical evidence, this would increase the value of the claim.

The best starting point for assessing damages is by reference to the Judicial College Guidelines, which set out financial brackets for common types of injury.

The guidelines are broken down into the affected body parts and type and severity of the injury. They were introduced as it was recognised that whilst no two cases are ever precisely the same, justice was required to develop consistency between awards.

Special damages are awarded to cover any financial losses or out-of-pocket expenses caused as a result of the incident. This could include loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.

If you are unable to do tasks like gardening, walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as Smith v Manchester award.

This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.

However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

Workplace injury examples

Accidents at work can happen across all industries, and serious accidents can happen if employers do not follow the legal guidelines to keep employees safe. We have listed some of the most common types of accidents at work:

Construction site claims
Work at height claims
Manual handing
Trips and slips
Defective work equipment
Issues with Personal Protective Equipment (PPE)
Inadequate training
Accidents caused by colleagues or superiors

Company fined £400k after worker left disfigured from chemical burns

One of the world’s largest chemical manufacturers has been fined £400,000 after an employee was seriously injured while carrying out a routine task.

Accidents at work – The law

Claiming for injury at work

Accidents at work – Compensation examples

Workplace injury examples

Further reading

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