Workplace Burn Injuries: How to File a Claim

Each year, thousands of employees sustain burn injuries in the workplace, ranging from minor incidents to life-altering catastrophes. According to the U.S. Bureau of Labor Statistics, over 15,000 American workers suffered burn injuries in a recent year. These injuries can lead to months of medical treatment, mounting medical bills, and an uncertain future. Understanding your rights and the steps involved in filing a claim is crucial to securing the compensation you deserve.

Understanding Workplace Burn Injuries

Workplace burn injuries are more frequent than many individuals realize, occurring across various industries, including construction, manufacturing, food service, and healthcare. These injuries can range from first-degree burns affecting only the outer layer of skin to severe third- and fourth-degree burns that damage deeper tissues, nerves, and even bone.

Common Types of Workplace Burn Injuries:

Thermal Burns: Caused by contact with open flames, hot surfaces, steam, or boiling liquids. These are especially common in industrial plants, construction sites, and food service venues.
Chemical Burns: Result from exposure to corrosive substances like acids, alkalis, and industrial solvents. These are frequently seen in laboratories, chemical plants, and manufacturing settings.
Electrical Burns: Occur when a worker comes into contact with live electrical currents, faulty equipment, or improperly grounded electrical systems. Construction and electrical industries are particularly susceptible.
Radiation Burns: Caused by prolonged exposure to ultraviolet (UV) radiation, X-rays, or other radiation sources.
Friction Burns: Occur when skin rubs against rough surfaces, such as machinery or vehicle parts.

Severity of Burns:

First-degree burns: Affect only the outer layer of skin, causing redness and mild pain. They typically heal within a week without scarring.
Second-degree burns: Penetrate deeper, affecting both the epidermis and dermis. These burns often form blisters and can be extremely painful, requiring several weeks to heal.
Third-degree burns: Destroy all skin layers and may damage underlying fat, muscle, and bone. They can result in permanent scarring, nerve damage, and loss of function.
Fourth-degree burns: The most severe, damaging skin, fat, muscle, and bone. These burns often require extensive medical intervention, including amputation.

Immediate Steps to Take After a Workplace Burn Injury

If you sustain a burn injury at work, taking immediate action is crucial for both your health and your legal position.

Seek Medical Attention: Even if the burn seems minor, seek prompt medical treatment. A healthcare professional can assess the severity of the burn, prevent complications, and provide necessary documentation. Burns may be flushed with cool water for ten to fifteen minutes unless they are electrical burns. Then, they may be covered with a clean, dry dressing. Burn injuries should not be treated with ice water, butter, ointments, or sprays; touched with anything except a clean, dry covering; cleaned or have any blistered broken; or cleared of stuck-on clothes or other material.
Report the Injury to Your Employer: Inform your supervisor or manager about the incident as soon as possible. Delayed reporting can compromise your right to file a claim.
Document the Incident: Record the incident by taking pictures of your injuries, the accident location, and any unsafe conditions that led to the burn. Obtain witness statements and maintain copies of any employer-filed incident reports.
Follow Medical Advice: Adhere to your doctor’s recommended treatment plan and attend all necessary follow-up appointments. Medical records are essential for demonstrating your claim.

Legal Options for Workplace Burn Injury Victims

After a workplace burn injury, you have multiple legal channels to pursue compensation. The primary avenues include workers’ compensation claims, personal injury lawsuits, and third-party liability claims.

1. Workers’ Compensation Claim

Most workplace burn injuries fall under workers’ compensation coverage, providing benefits to employees injured during work.

Workers’ compensation benefits typically include:

Medical Expenses: Coverage for hospital stays, surgeries, rehabilitation, and medications.
Lost Wages: Partial wage replacement for workers who need time off work due to the injury. In some states, you may be able to receive up to two-thirds of your average weekly earnings.
Disability Benefits: Compensation for short-term and long-term disabilities resulting from burn injuries.
Vocational Rehabilitation: Support for job training and occupational transition for employees who cannot return to their former positions.

Filing a Workers’ Compensation Claim:

Report the Injury: Notify your employer immediately, providing details about how the injury occurred.
Seek Medical Care: Get a medical evaluation and treatment, ensuring the healthcare provider documents the work-related injury.
Complete Required Forms: Fill out the necessary paperwork provided by your employer or obtained from the workers’ compensation board.
File the Claim: Submit the completed claim form to the appropriate workers’ compensation agency within the specified timeframe.

2. Personal Injury Lawsuit

In some cases, you may have the option to file a personal injury lawsuit against a responsible third party. Unlike workers’ compensation, a personal injury lawsuit allows you to recover damages for pain and suffering.

A successful personal injury case requires proving the following elements:

A third party (such as a contractor, equipment manufacturer, or property owner) was negligent.
The negligence directly caused your burn injury.
You suffered damages as a result.

For example, if you sustained a burn injury due to faulty machinery, you might have a product liability claim against the manufacturer.

3. Third-Party Liability Claims

If your burn injury resulted from the actions of someone other than your employer, you might have a third-party liability claim.

Examples of third-party liability claims:

Contractors or Subcontractors: You can file a lawsuit if burned due to unsafe practices by contractors or subcontractors.
Property Owners: A property owner who allowed unsafe workplace conditions may be responsible for premises liability claims.
Product Manufacturers: A product liability lawsuit can be filed against the manufacturer if a defective product caused the injury.

A third-party liability claim allows you to seek additional compensation beyond workers’ compensation benefits.

Proving Liability in a Burn Injury Case

To receive compensation, you must establish that someone was responsible for your burn injury.

Essential evidence in a burn injury case includes:

Medical Records: Documentation of the severity of your burns and the treatment you received.
Workplace Safety Reports: Records of safety violations or prior incidents.
Witness Testimony: Statements from colleagues or other witnesses present at the accident.
Incident Reports: Official reports filed by your employer or other relevant parties.
Photos and Videos: Visual evidence of the accident scene, unsafe conditions, and your injuries.

Compensation for Burn Injuries

Compensation for burn injuries can cover a variety of losses, including:

Medical Expenses: Initial treatment, surgeries, skin grafts, physical therapy, and future medical needs.
Lost Wages: Both time missed during recovery and reduced earning capacity if burns limit your ability to work.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the burn injury.
Permanent Disability: Benefits for lasting limitations, amputation, or reduced mobility affecting your quality of life.
Wrongful Death Claims: Compensation for funeral expenses, lost support, and emotional damages when workplace burns prove fatal.

According to the National Safety Council, the average workers’ compensation claim for burns was $63,119 for 2021-2022. However, the value of your claim depends on the specific circumstances of your injury, the extent of your damages, and the legal avenues you pursue.

Preventing Workplace Burn Injuries

Preventing workplace burn injuries requires a proactive approach from both employers and employees.

Employers should take the following actions:

Implement comprehensive safety training programs.
Provide workers with appropriate protective gear, such as heat-resistant gloves and eyewear.
Ensure proper storage and handling of hazardous materials.
Conduct regular inspections and maintain equipment.
Enforce Occupational Safety and Health Administration (OSHA) regulations.

Employees should:

Follow safety protocols and guidelines.
Use provided protective equipment.
Report any hazards or unsafe conditions to their supervisors.
Participate in safety training programs.

The Long-Term Effects of Burn Injuries

The consequences of workplace burn injuries can extend far beyond the initial physical trauma.

Common long-term effects include:

Chronic Pain and Nerve Damage: Severe burns can damage nerve endings, leading to long-term pain, tingling, or numbness.
Respiratory Problems: Smoke inhalation can cause lung damage and breathing difficulties.
Joint Contractures and Mobility Issues: Scar formation can limit range of motion, especially when burns affect joints or soft tissue.
Infection and Immune Response Complications: Burns damage the skin’s natural barrier, increasing the risk of infections.
Emotional Trauma and Mental Health Conditions: Anxiety, depression, and post-traumatic stress disorder (PTSD) are common after a severe burn injury.
Scarring/disfigurement: Burns that damage the skin’s top layer (epidermis) usually heal without leaving scars, but deeper burns often lead to scarring.

When to Contact a Lawyer

Dealing with a workplace burn injury can be overwhelming. Consulting an experienced attorney can help you navigate the complexities of workers’ compensation claims, personal injury lawsuits, and third-party liability claims. A lawyer can protect your rights, gather evidence, negotiate with insurance companies, and ensure you receive the maximum compensation you deserve.

Consider contacting a lawyer if:

Your burn injury is severe, requiring extensive medical treatment or resulting in long-term disability.
Your burn injury was caused by employer negligence or failure to provide a safe working environment.
Your workers’ compensation claim has been denied.
You believe a third party was responsible for your burn injury.

Conclusion

Workplace burn injuries can have devastating physical, emotional, and financial consequences. Taking prompt action, understanding your legal options, and seeking guidance from experienced professionals are essential steps in securing the compensation and support you need to recover and rebuild your life.