 |
 |
I received an injury whilst having a spa treatment. What can I do?
As with any other registered business, a spa or treatment rooms must have a health and safety policy in place, and must follow certain procedures in case of an injury.
All therapists must be qualified to practice the treatments they carry out, and you can ask the spa to provide details if you are in any doubt.
What exactly is the spa's responsibility?
* The spa must be registered with the HSE (www.hse.gov.uk)
* The business should have liability insurance
* The business must have a health and safety policy in place
* The business must have carried out risk assessment (deciding what could potentially cause harm and what precautions should be taken) and have trained workers
* There must be an "appointed person" to take charge in the case of injury or illness, and to be responsible for restocking the first aid box, although this person must not attempt to give first aid for which they have not been trained
* There should be a first aid box that contains items such as sterile dressings (within their use-by date), though tablets and medications should not be kept
* Protective, hygienic and first aid equipment must be available where necessary, including clean water, and dustbins for waste
* There is a legal requirement to report accidents and ill health in the workplace, so a log must be kept
* Equipment must be carefully selected and maintained
In case of accidental injury: It is possible that you may have sustained an injury due to a mistake by either your therapist, or yourself. There are some accidents that are as they are described -- purely accidental -- be it a minor nick sustained from an over-enthusiastic manicurist, or an allergic reaction to a product ingredient that you had not experienced before. Remember that you must tell your therapist if you have any physical concerns -- e.g. if you have a bruise somewhere and you don't warn a masseur, you can't really blame them if they press on it and make it feel worse. You must always tell the therapist if you have any allergies, and if so, make sure that the product ingredients are checked.
* Speak to the spa manager. It is likely that in the case of accidental injury they will be very apologetic and will offer some form of compensation.
* Visit your doctor if you feel that the injury needs attention, and to confirm that you have sustained an injury due to a spa treatment.
* However, if you feel that you have sustained an accidental injury, but you have not received any form of apology or compensation (at least a refund for the treatment price) that is satisfactory to you, firstly, write a letter of complaint to the manager or proprietor of the spa, and ask them to contact you.
* If you genuinely feel that you have received poor treatment following an injury, and you have received no form of apology or compensation following your attempts, then call your solicitor to ask their advice. You may wish to try and make a claim, but you must remember that in the case of a very minor injury, the process of making a claim may be more painful than the injury itself!
* In case of potential malpractice: If you feel that you have sustained an injury due to malpractice -- for example, if you feel that a therapist may not have been trained to carry out a particular treatment, or use certain equipment, or if you feel that health & safety procedures were not followed correctly -- follow these points:
* Visit your GP as soon as possible, or, if you are in any doubt about the severity of the injury, visit Accident and Emergency. Of course we're not recommending that you go to A&E for a chipped nail, but it's always worth seeing a doctor as soon as possible if you are in pain, or have a wound that could potentially become infected.
* If your doctor agrees that the injury could have been caused due to malpractice, then ask them for a report, so you have a record confirming the injury.
* Contact the spa itself, if you have not already discussed the matter with them. If the spa manager is alerted to the problem, then they may be able to offer a solution without taking the matter further. If one careless therapist is to blame, it may be easier for the manager to deal with them directly, rather than taking the matter to Environmental Health.
* However, if you feel that the issue is more serious than that, or if you have not received adequate assistance from the spa manager, contact the Environmental Health department of the local council. They will be able to investigate the claim to see if the establishment has followed the correct health and safety procedures.
There is a national body that governs health and safety issues - the HSE - but if you have a question regarding a particular establishment, it will be the local Environmental Health department of the region's council that will oversee any issues within their area.
See also:
* How do I avoid products that have been tested on animals?
|
|
|