A Guide to Claiming Beauty Treatments Compensation
If your life, or the life of a loved one, has been affected by a beauty treatment injury we can help.
The purpose of this guide is to help anyone who has suffered a beauty treatment injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
According to statistics from HABIA (Hair and Beauty Industry Authority), approximately a quarter of a million people are employed the hair and beauty industry, working in around 55,000 different establishments.
Included in the hair and beauty sector are hair salons, nail bars, beauty salons and spas. Most businesses are small, employing between 1 and 10 people, with 42% of the workforce being self-employed.
It is estimated that more than half those working in the industry are only qualified to Level 2 or below of applicable Health & Safety qualifications. The qualifications go up to Level 4 for most areas of hair and beauty treatment. Some staff are required to carry out treatments that they have no formal qualifications or training for.
The number of people having hair and beauty treatments and cosmetic surgery procedures in the UK is increasing each year, yet there is little specific regulation governing the industry.
Do I have a beauty treatments claim?
Medical negligence claims differ from personal injury claims as the following will need to be established:
- there was a breach of duty ("negligence" or "fault"); and
- the breach of duty was the cause of your injury, damage or loss ("causation" or "avoidable harm").
Breach of Duty
A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.
To establish causation, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.
Get an impartial opinion
To get impartial advice on whether you have a claim, speak to a beauty treatments claim expert on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
Is compensation always payable?
If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".
Not all treatment that results in an undesirable outcome will result in the payment of compensation.
Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.
How long do I have to start a claim?
If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.
It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.
What if your injury was diagnosed months or years after treatment?
You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.
The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).
It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.
The amount of money you could claim for your beauty treatments 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 beauty treatments 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 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a beauty treatments? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a beauty treatments claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a beauty treatments will depend entirely on your specific circumstances.
Your beauty treatments compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a beauty treatments injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Beauty treatments compensation calculator
Calculating how much compensation you can claim for a beauty treatments injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your beauty treatments claim could be worth now:
How long does a beauty treatment negligence claim take?
The length of time needed to process a beauty treatments claim can vary considerably.
For example, a less complex uncontested medical negligence claim could be settled in 12 to 24 months. However, if court proceedings are necessary a compensation claim 2 to 5 years. Normally a medical negligence claim will take 12 to 36 months. See more:How long will my claim take?
Will I still be able to claim for a beauty treatments after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your beauty treatments claim 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.
Common beauty treatment claims
Popular beauty treatments include hair dye, skin waxes, eyelash tints, and tanning, and claims commonly relate to these treatments. Botox and dermabrasion negligence claims are also becoming more common as the procedures increase in popularity.
Compensation claims for negligent beauty treatments include:
- Hair or scalp damage after dyeing or through faulty equipment
- Bleaching or burns from waxing
- Burns caused by laser treatments
- Allergic reactions from chemicals such as PPD (para-phenylendiamine) contained in some hair dyes
- Eye injuries as a result of eyelash treatments
- Tanning injuries
- Chemical burns caused by defective beauty products
Making a claim against a hair or beauty salon
The Sale of Goods and Services Act 1982 requires that when a consumer enters into a contract for goods and/or services, those goods and services must supplied or carried out with reasonable skill and care. If they are not and the consumer is injured as a result, they are likely to be entitled to make a compensation claim.
Anyone sustaining injury though a failure of the supplier of the goods, in this case the salon, to carry out the treatment with sufficient skill and care may be entitled to bring a claim.
It is advisable to make a complaint about the injury directly to the salon, and to ensure this claim is recorded in writing.
What evidence is required?
Physical evidence of the injuries sustained is key to bringing a claim, therefore photographs of the injuries should be presented where possible.
The claimant will need to document the time and date of the treatment and, where possible, the name of the individual who was responsible for administering the treatment.
In cases of allergic reactions, it should be demonstrated that salon staff failed to carry out a patch test prior to applying the product.
If the claimant has sought any medical attention, this too should be documented and reported, as well as any receipts for treatment that was paid for.
Claims may be made for out of pocket expenses, including loss of earnings, travel expenses and any prescription charges. It may also be possible to claim for the pain and suffering caused by the injury.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
With a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make a beauty treatments claim without the worry of upfront legal fees. If your beauty treatments claim is unsuccessful you won't have to pay any money to your solicitor.
No win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making a beauty treatments claim, even if you don't win your claim.
What do I pay if I win my beauty treatments claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my beauty treatments claim?
If your beauty treatments claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.
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:Call me back
if you can claim
to start a claim
Beauty treatments 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.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the 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.
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.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
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.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert