I felt severe discomfort towards the end of a massage treatment at my local beauty clinic, the pain was in the back of both my thighs, I had it assessed by a doctor and he said the muscles are inflamed. Am I entitled to make a compensation claim for an injury during a massage?
The beauty clinic is responsible for the conduct and performance of the massage therapists they employ therefore any compensation claim for an injury during a massage must be made against them rather than the therapist. In order for your claim to be successful you must be able to prove that the beauty clinic was negligent.
The clinic is expected to employ massage therapists who are fully-qualified, licensed and knowledgeable about the field they are operating in. If the therapist is found to be under-qualified or failed to perform to the standard expected of professional in that field you may be entitled to compensation with your claim for an injury during a massage.
In order to pursue your claim, a personal injury solicitor will need to present medical evidence demonstrating that the massage treatment you received was the probable cause of muscle inflammation. You will be entitled to claim compensation for physical pain along with loss of amenity if the injury sustained means you are unable to take part in hobbies or social activities that were part of your life before the accident.
To substantiate your claim, you should maintain a diary of all the events you were unable to participate in due to injury and describe how you felt at the time. It is also advised that you make an entry in the clinic’s ‘Accident Report Book’.
There is a possibility that the clinic’s insurance company may approach you with a direct or unsolicited offer of compensation, it is imperative that you refer all such offers to your solicitor to ensure you do not risk being undercompensated for your injuries. It is best advised that you allow your solicitor to handle all correspondence with the insurers in order to obtain the maximum amount of compensation you are entitled to for your claim for an injury during a massage.