A Guide to Claiming Negligent Decorator Injury Compensation

In this guide we explain everything you should know about making a decorator accident compensation claim.

Introduction

Whether decorators are working within a domestic or commercial environment, they are obliged to do so in the safest manner possible. As professionals, they have a duty to complete their work in a way that does not endanger anyone in the vicinity. Decorators must follow basic health and safety procedures in order to prevent people from sustaining injuries.

Negligent decorator injury

Do I have a negligent decorator injury claim?

As a basic rule, you can make a negligent decorator injury claim if you were injured:

  • in the last three years and,
  • someone else was at fault.

However, if these two points don't apply, you may still be able to make a claim.

To find out for sure, speak to a legal expert on 0800 612 7456.

A short call will confirm whether you have a claim. We will not put you under any pressure to pursue a claim.

You can also find out if you have a claim with our Online Claim Checker.

What if it was a criminal incident?

If your Negligent Decorator Injury injury resulted from a criminal incident, you can pursue a claim via the Criminal Injuries Compensation Authority (CICA). The CICA must receive your application within 2 years of the Incident Date.

Read more

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a negligent decorator injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

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What can go wrong if decorators do not take the proper precautions?

  • You could slip on paint or paste that has been left on the floor this could cause you to fall and sustain broken bones or muscle damage
  • Inhaling toxic fumes decorators should ensure that the area being treated is well ventilated to prevent illness
  • Bearing the impact of an item being dropped by the decorator whilst working on a ladder this could cause concussion or even head injuries
  • Tripping over tools, pots of paint or other pieces of kit if these items have been left lying around, people can break bones or suffer from sprains or bruises
  • Fire exits being blocked by equipment this can result in people being unable to escape the building in the event of a fire or other emergency

Who is at fault if you are injured because of the actions of a decorator?

The decorator himself can be liable for your injury, however, may not have the necessary liability insurance covering accidents in a public place. In domestic properties, the landlord can be responsible for the actions or anyone he employs. Similarly, in commercial premises, such as shops, cafes or leisure facilities, the owners have a duty of care to their customers and members of the public in the area.

How much compensation can I claim for a negligent decorator injury?

The amount of money you could claim for your negligent decorator injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your negligent decorator injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in general damages and special damages.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

See a list of what you can claim for:

Examples of special damages include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

Find out what your claim could be worth now

Assessing a claim's value at the outset can be complicated.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Calculate my injury claim

Caring and sensitive support

Your solicitor will handle your negligent decorator injury case from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

In a public place (e.g. supermarket, pavement)

If you have been injured in a public place, there are some key points you need to be aware of:

Public Place Claims - What you need to know

At work

If you are thinking of making a work accident or injury claim, there are some key points to be aware of:

Work Accident Claims - What you need to know

Other claim types

Find details on another type of claim:

See list of other claims

No win, no fee, no risk

No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a negligent decorator injury claim with:

  • no upfront legal fees
  • no solicitor's fees payable if your claim is not successful
  • a success fee payable only if your claim is successful

No Win, No Fee is the most common way to make a compensation claim.

Our no win, no fee promise

Our no win, no fee guarantee means there is absolutely no financial risk in making a negligent decorator injury claim - even if you don't win your claim.

What do I pay if I win my negligent decorator injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my negligent decorator injury claim?

If your negligent decorator injury claim is not successful then you do not have to pay any legal fees whatsoever.

Read more about how no win, no fee works

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning injury claims. Your solicitor will fight for the best possible compensation settlement for you.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Negligent Decorator Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an interim compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert