My therapists have burnt a client -please advise

[july]

Hi, geeks.
I'm after a bit of advice.
A new therapist started on Monday and I've left the salon manager do all her training -how we do treatments and procedures etc. The girl is level 2 trained with 2 years salon experience.
When she does the training, the first day she goes through things with her and watches how we do it. After that she starts doing small treatments by herself (manicures etc) and progressing to facial, massage etc. Today was day 5 and the salon manager decided to do a full leg wax on a regular client together with her. The client said she was happy with it. Did the front of the legs, turn her over and the salon manager topped up the rollers (using a microwave and a carton of wax) while the new therapist continued to wax. She finished filling up the rollers and continued, checking he temperature on her side. The new therapist picked up the newly filled roller and checked her side on the client's upper leg.
The wax was so hot and runny that instantly burnt her. She screamed and started crying. The salon manger got some cold flannels and put them on and waited a bit. She finished waxing her legs, the client calmed down by then.
Came out, the salon manager filled in an accident report form, signed and got the client to sign.
She left.
The salon manager called me to inform me. I was fumid. She should've told the therapist that the wax was hot, she should;'ve asked her to check etc...
I'v called the lady. She was very nice but she had to go to A&E to have it bandaged and is going every day fro the next 4 days. She was having her legs waxed to go away at the weekend (in 4 days) to Central Parcs and because of it her holiday has been ruined as she won't be able to go in water with her 2 young children. And she asked me to contact the insurance as she will make a claim.
I'm sick with worry. What do I do?!
I didn't even get to add the new therapist on the insurance yet.
Has anybody been in this position? Any advice would be appreciated.
July

 

[bombini]

I can't really offer any advice as never been in this situation before but if the insurance doesn't cover you do you think you could come to an arrangement with the client ?

How big was the burn ?

I'm not very familiar with roller waxing but why is it heated up in the microwave I would of thought using the heater would be the safer, preferred method ?

 

[sarahlou06]

July I would contact your insurance provider ASAP. I'm sure the client is just feeling very upset & angry right now & hopefully things will look better tomorrow

 

[emsyj]

Well the obvious thing is to ring your insurance company asap. You should have informed them immediately after the accident anyway. Then when you have their verdict about whether they can cover you or not, you will know where you stand.

But if this client sues you, you will have to get legal advice and possibly pay a settlement - can you afford to do this without insurance cover? Is your business a limited company or are you a sole trader?

Do you have any trade association support? I know the Federation of Small Businesses have a free legal advice line, are you a member of any associations who may offer something similar?

 

[Lynne Baker]

The FSB is neither use nor ornament when it comes to legal matters. I had occasion to try to use them recently and unless I wanted advice about neighbour disputes or tachograph crime the cover with them is useless.
I hope your insurance company will cover you, but you've already said that this was day 5 of her employment with you. Did you check her qualifications before she started?

How can today be day 5 if she started only on Monday? Surely it's day 3?

I'm sorry that it won't be what you want (and need) to hear.

 

[emsyj]

Fair enough, I'm not a member of the FSB and have never used their legal advice line but was recommended to join by another small business owner (I run a bridal business from home). She suggested that the legal advice line was a good thing, but I was a solicitor myself until just before Christmas so probably not my number one priority benefit to be honest...

 

[Lynne Baker]

I joined the FSB for their jury service cover and for the free banking with the Co-op and for the reduced rates on streamline machines.
I'm very glad I have legal cover with my working at home insurance policy with Ansvar.

 

[Clairdestiny]

Ive just read this post and feel so sorry for you ;-)) i hope everythink turns out ok for you (((( big hug)))) xx

 

[Elaine143a]

Oh my, I feel for both you and your client, as yes, it will no doubt ruin her holiday.

I'm not sure if this helps any re insurance, buy my insurance covers work experience/students without registering them, as long as they are being supervised. Your new girl was being supervised, so if you have not yet registered her as an employee, you may find you are covered anyway ifkwim. Good luck and hope you dont get penalised too much, but from the client's point of view, I too, would be very upset.

I once had a "similar" situation, but offered the client cash compensation to which she agreed. (I know others will not advise this btw). No insurance involved and she signed a disclaimer to agree full and final settlement. Not sure if this would hold up in court, but it did work for me at that time. I think my client was just quite relieved that I accepted responsibility for my therapist and she didn't need to get involved in any legal action. However, said client was not as badly burnt as your client seems to be.

On another note, I take it you have undertaken some sort of disciplinary action against salon manager as in my opinion, she is ultimately responsible?

Hope it all works out well for you :hug:

 

[Elaine143a]

And also, you may well need to submit a RIDDOR report as well.

 

[nicolao4]

I wouldn't ever advise to pre heat wax in the microwave before use on a client. Yes i would do it if topping up wax where needed but never then to use on a client straight away. You just don't have any control over the temp and the wax develops hot spots. Also i would be questioning why the therapist didn't check to test the temp on herself first before testing with client. In my book that is standard procedure.
I hope your insurance does offer you the support and it all gets settled quickly but i would definitley review all your salon procedures and make sure everything is done within the guidlines of your insurance too. Best of luck, will be interesting to see what your insurance advises.

 

[unas escarlata]

I've been reading with interest - is there any update?

I don't mean to be "doubting Thomas" but how do you know she actually does need to go to A&E every day? Have you been to see her since the incident? Have you seen the burn for yourself? I'd contact her and take some pics for your insurer.

 

[Blue Rose]

What an awful situation for you to be in - you have my sympathy in this matter.
Couple of points though - 1) if the wax was as hot as is being made out, surely the therapist would have found the cartridges too hot to hold
2) if the wax was as hot as made out, the therapist wouldn't have been able to roller it on to cover any size of area

You do really need to see what your insurers say about it all & get the client back in to take photographic evidence should she persue it.

You also need to question the 'intelligence' of your new therapist. Some things shouldn't have to be told. If they have a brain cell they should be aware of certain things - I think they call it Common Sense!

 

[Baggybear]

It will not be the OP's place to take photo's and prove that there are injuries or how bad the injuries are, it will be the clients place to provide photo's and proof of hospital visits and appointments, earnings lost ect.. IF she puts in a claim.

If the client can't prove she has the injuries or that the extent of the injuries is as bad as she is saying then she is less likely to be paid out, the more proof she has the more chance she has of her case standing up and getting a good payout.

The OP needs to check if her therapist is going to be covered by the insurance policy she holds and then if she is covered just pass the contact details of the insurance company on to the client if/when she decides to claim.

I think if it turns out that the insurance is not going to cover the new therapist then things get awkward, the client will be within her rights to sue both the therapist & the salon owner personally. The therapist should make sure that she is covered but as soon as anyone comes to work at a salon they should be added to the policy without any delay. They can always be removed again if they don't pass the probationary period or they leave for any reason.

 

[july]

Hi, all, thanks for your input.
An update: I spoke with her yesterday and she was calmer. She's been to a&e again to have her bandage changed and things are going in the the right direction. She still can't use the pool when she goes away and was really looking forward to spend time with her children in the pool. Its not as painful but things like getting her husband to change her bandage every day and sitting on the toilet are uncomfortable.
She wants my insurance details and will see a solicitor. I said to her I'm keen to settle this outside the solicitor and she said she just wants compensation for the inconvenience. But how do you decide how much you offer? I'm thinking of sending her a voucher for £250, is that enough?!? I don't know.
In the meantime I've contacted my insurance and added the new therapist. They can't tell me if they'll cover until I send away all the information.
I'm crossed and stressed...
Xxx

 

[july]

Girls, if I settle this outside the court and offer her money, do I have any right to take money off the therapists involved?

 

[Lynne Baker]

Do not under any circumstances do a thing, offer her anything, even speak to her, until you have spoken with your insurer.

 

[emsyj]

You may invalidate your insurance by making offers as you suggest - it could be considered admission of liability. Don't have any further direct contact with the customer and do not, whatever you do, offer her a voucher or a settlement!!! If she calls you, tell her you have referred the matter to your insurer and she will hear in due course.

 

[Lynne Baker]

Absolutely correct. You've already made one mistake by not having this girl insured. Don't compound your error by trying to do this on the sly.

 

[july]

Really? Shall I not send her the voucher?!