Chemical Burns: What are your legal options?

Chemical Burns: What Are Your Legal Options?

Chemical burns are a uniquely devastating injury, often resulting in significant physical and emotional trauma. According to the NCBI, approximately 3% of all burns are chemical in nature. These injuries can occur in various settings, from industrial workplaces to your own home, and are frequently the result of someone else’s negligence. If you’ve suffered a chemical burn, understanding your legal options is crucial to securing the compensation you deserve.

Understanding Chemical Burns

A chemical burn happens when your skin or other body tissues come into contact with corrosive substances. These substances can include strong acids, bases, or other chemicals found in:

  • Industrial cleaners
  • Household cleaning products
  • Gasoline
  • Paint thinner
  • Defective products

The severity of a chemical burn can range from mild irritation to life-threatening injuries, affecting both the epidermis and dermis layers of the skin. Acid burns typically cause coagulative necrosis, damaging the skin’s surface, while alkali burns can penetrate deeper, leading to liquefactive necrosis.

When Can You Sue for a Chemical Burn?

Not every chemical burn warrants a lawsuit. To have a valid claim, you generally need to demonstrate that your injuries resulted from someone else’s negligence. Negligence, in a legal context, means that a person or entity failed to exercise reasonable care, resulting in harm to another person.

Here are some common scenarios where you may have grounds for a chemical burn injury claim:

  • Workplace Accidents: Employers have a legal obligation to provide a safe working environment. This includes proper training, safety equipment, and protocols for handling hazardous chemicals. If your employer failed to meet these obligations, and you sustained a chemical burn as a result, you may be able to file a workers’ compensation claim or even a personal injury lawsuit.
  • Defective Products: Manufacturers are responsible for ensuring their products are safe for use. If a chemical product lacks proper warnings, has defective packaging, or is inherently dangerous, the manufacturer could be held liable for resulting injuries.
  • Premises Liability: Property owners must maintain a safe environment for visitors. If a chemical spill isn’t cleaned up properly, or if hazardous chemicals are stored improperly, leading to a burn injury, the property owner may be liable.
  • Negligence: If someone’s careless actions directly lead to your chemical burn, they can be held responsible. For example, a drunk driver who causes an accident where you sustain chemical burns would be liable for your injuries.
  • Business Owner Negligence: If you sustain chemical burns due to a business owner’s negligence, such as severe scalp chemical burns from an in-salon hair treatment where the stylist failed to take proper precautions, you are entitled to compensation.

Proving Negligence in a Chemical Burn Case

To succeed in a chemical burn injury claim, you typically need to establish the following four elements:

  1. Duty of Care: The responsible party had a legal obligation to act with reasonable care to prevent harm.
  2. Breach of Duty: The responsible party failed to meet their duty of care.
  3. Causation: The responsible party’s failure directly caused your chemical burn injuries.
  4. Damages: You suffered substantial damages as a result of the chemical burn.

Evidence is crucial in proving these elements. This can include:

  • Medical Records: Documentation of your injuries, treatment, and prognosis.
  • Accident Reports: Incident reports from the workplace or other relevant locations.
  • Photographic Evidence: Photos of your injuries, the accident scene, and any chemical containers or warning labels.
  • Witness Statements: Testimonies from individuals who saw what happened.
  • Expert Opinions: Professionals who can explain safety standard violations and how the injury occurred.

Types of Compensation Available

If you have a valid chemical burn injury claim, you may be entitled to various types of compensation, including:

  • Medical Expenses: This covers the costs of immediate treatment, surgeries, ongoing therapies, and future medical care related to the injury.
  • Lost Income: If the injury prevents you from working, you can seek compensation for lost wages and potential future earnings.
  • Pain and Suffering: You can receive compensation for the physical pain and emotional trauma associated with the injury.
  • Emotional Distress: Compensation for the emotional distress caused by the injury.
  • Long-Term Care Costs: Compensation for long-term care costs.
  • Punitive Damages: In some cases, the court might also award punitive damages.
  • Property Damage: Compensation for damage to any personal items.

Workers’ Compensation vs. Personal Injury Lawsuit

If your chemical burn occurred at work, you might be eligible for workers’ compensation benefits. Workers’ compensation provides coverage for medical treatment and a portion of lost wages, regardless of fault.

However, workers’ compensation benefits may not fully cover all your losses. In some cases, you might have additional claims against third parties, such as chemical manufacturers or contractors, allowing you to seek compensation beyond workers’ compensation benefits.

The Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. The statute of limitations for personal injury claims varies by state. For instance, Pennsylvania has a two-year statute of limitations, while Oklahoma also has a two-year statute of limitations. In Massachusetts, burn injury victims typically have a three-year timeframe to initiate a personal injury lawsuit. Louisiana recently extended the statute of limitations for personal injury claims to two years, as of July 1, 2024. Missing this deadline typically means losing your right to seek compensation.

Comparative Negligence

Some states follow a comparative negligence rule, which means you can recover damages even if you were partially at fault for your injury, as long as your share of responsibility doesn’t exceed a certain percentage. For example, Pennsylvania follows a modified comparative negligence rule, where you can recover damages as long as your share of responsibility doesn’t exceed 50%. Louisiana uses a pure comparative fault system, which means you can still recover damages even if you were partially responsible for your injuries.

Seeking Legal Assistance

Navigating the legal complexities of a chemical burn injury claim can be challenging. Consulting with an experienced personal injury attorney is highly recommended. An attorney can:

  • Evaluate the strength of your case
  • Gather evidence and build a compelling claim
  • Negotiate with insurance companies
  • Represent you in court, if necessary

Don’t Suffer in Silence

Chemical burns can have devastating consequences, impacting your physical health, emotional well-being, and financial stability. If you or a loved one has suffered a chemical burn due to someone else’s negligence, don’t hesitate to explore your legal options. Understanding your rights and seeking legal assistance can help you secure the compensation you need to rebuild your life.