If you get hurt on the job, you can file a workers’ comp claim, but what if you get burned? What caused the fire and whether or not someone else was responsible for it are factors in determining the answer to this question. The legal and factual considerations involved in determining whether you are entitled to compensation for a burn suffered on the job might be challenging. If you want to understand more about your legal options after sustaining a severe burn at work, read on.
In either medical or legal terms, this is not a matter to be taken lightly. To mitigate the damage as much as possible, you should get treatment immediately. A burn can leave you with financial difficulties as well as physical and psychological scars. You might be eligible for additional compensation for your injuries, over and above what you could earn via workers’ compensation, depending on the details of your case. You need assistance from reputable attorneys because these disputes can be complicated.
Fire, electricity, chemicals, friction, steam, or direct contact with hot objects are all potential sources of workplace burns. The harm may affect your skin, muscle, or nerves. If you come into contact with a chemical mist, your eyes could be burned. Chemical burns could occur on your lips, nose, and lungs if you breathe them in.
If there is a fire where you work, you could potentially get burned. According to the U.S. Fire Administration, non-residential buildings account for 70% of building fires. Cooking, negligence, electrical issues, and arson were the most frequent causes.
What Are The Different Kinds Of Burn Injuries?
There are several different forms of burn injuries. Typically, burn injuries will fall into one of three categories, according to medical professionals. These various types include:
- First-Degree Burns: these are quite minor injuries compared to other types of burns. The severity of the burn affects the skin’s outer layer and would be somewhat uncomfortable. Usually, first-degree burn injuries can be treated with over-the-counter drugs and treatments. First-degree burn injuries may temporarily disable the patient, but they won’t prevent them from returning to their usual lives.
- Second-Degree Burns: With second-degree burns, you should expect blistering and a lot of discomfort for several days to weeks. Burns of the second degree penetrate the skin’s outermost layer and may result in edema and fluid accumulation. Second-degree burns require immediate medical attention, and frequent, thorough medical care can let the patient return to their normal life. Second-degree burns, though, may leave some scars.
- Third-Degree Burns: The most serious type of burn injury is third-degree burns. This happens when there is a burn on the skin’s tissue, and it results in significant scarring and dryness. This necessitates immediate medical attention and may result in permanent disability. There may be a need for ongoing medical care.
In The Right Circumstances, You May Be Able To File A Lawsuit For A Work-Related Burn.
You cannot simply file a lawsuit because you got burned at work. Except in rare circumstances, employees cannot sue their employers for negligence; nevertheless, you may be able to file a workers’ compensation claim. There must be a third person who caused the burn and is legally liable for it for a lawsuit to be considered viable. A third party may be at fault in the following circumstances:
- Working at a client’s place of business. The burn was caused by the customer or one of its staff.
- You are a subcontractor in the building industry. Your injury results from a mistake made by another subcontractor, the general contractor, or one of their workers.
- You get burned in a car fire while driving to work and another motorist causes an accident.
- You get an electrical burn because you used faulty equipment. Potentially responsible parties include those who manufactured and sold the equipment.
- When maintaining or repairing equipment where you work, an outside contractor does a terrible job. When something breaks, you are exposed to heat, steam, chemicals, fire, or electricity, which results in a burn.
What Compensation Is Available for a Workplace Burn?
You might be able to get medical care, rehabilitation, and some payment for the time you missed at work through a workers’ compensation claim. You may be able to recover damages in a lawsuit for your discomfort, suffering, relationship effects, and unpaid wages from the comp claim. It is typically easier to have a successful workers’ compensation claim connected to a work-related burn than it is to have a successful lawsuit. Claiming workers’ compensation requires proof that the injury occurred on the job. If you want to sue someone for getting burned, you’ll have to prove that they were negligent or that you were injured because of a defective product.
A successful negligence claim involving a workplace burn would have to demonstrate:
- The defendant who you sued had a duty under the law to take action—or refrain from taking action—to shield you from harm.
- They failed to do their duty.
- Because of that flaw, you suffered a loss.
- You sustained losses.
You are entitled to compensation under New York law.
To win a product liability suit, you must show that the machinery you were using at work was unreasonably dangerous even when used as intended, either because of a flaw in the design, a problem in the manufacturing process, or a lack of adequate warnings and instructions.
What Should I Do Following Burn Injuries?
After suffering a first-, second-, or third-degree burn, there may be important procedures you need to follow if you have any form of burn injuries from incidents brought on by another party. The various steps consist of:
- Contact Your Employer: As soon as you can, inform your employer so that the workers’ compensation procedure can begin. You have two years from the date of your injuries to launch a lawsuit, but you should get in touch with a lawyer much sooner. Your case’s facts will determine whether you have a third-party claim or not.
- Get Medical Help Right Away: Burn injuries need rapid attention and should be examined by a doctor right away. The party at fault may hold you accountable for contributing to and worsening your injuries if you choose not to go and get help.
- Get Proof: Document the collision accident’s details by gathering the contact information of any witnesses and at-fault parties, taking pictures of the incident site, and documenting your injuries. It is critical to gather as much evidence as possible regarding accident-related injuries.
- Speak With an Attorney: An experienced personal injury lawyer will review your case and look into how the entity responsible for your injuries caused them. Your lawyers will do everything they can to make sure you get fair compensation for your injuries. This includes filing any legal claims or seeking work compensation claims as needed.
A serious burn can be excruciatingly painful, leave you susceptible to infections, and physically constrain you. You could have unpaid medical costs and be unable to work. You need someone who can assist you and your family during this difficult time. If you have sustained a severe burn on the job, you may have a range of options for obtaining the necessary pay, medical care, and compensation for your pain and suffering. An experienced New York workers’ compensation attorney can advocate for your legal rights and help you seek the benefits you deserve.
