Maison Law represents burn injury workers in Bakersfield. If you or a loved one has suffered a burn injury while on the job, the Workers’ Compensation Attorneys at Maison Law are here to help you get the compensation you need to recover the full extent of your damages. Our team will investigate the circumstances of your burn injury, bolster your workers’ comp claim, and protect your right to compensation. Contact Maison Law today for a free consultation and case evaluation.
Do I Need A Lawyer for a Bakersfield Burn Injury Workers’ Compensation Claim?
In California, if you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving temporary disability benefits you do not need a lawyer, but a lawyer can provide you with legal support in the following scenarios:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
Burn Injury Workers Compensation VS Personal Injury
In addition to helping you with your workers’ compensation claim, an attorney will file a personal injury lawsuit against the liable party, so you can claim additional damages. It is important to note that a workers’ compensation lawsuit is a separate lawsuit from a personal injury lawsuit. For example, if a lawsuit is filed against workers’ compensation for your burn injury, then you will be seeking damages from the workers’ compensation insurance company.
Filing a personal injury lawsuit for your burn injury does not necessarily concern workers’ compensation because they’re not responsible for the actions that led to your burn injury. A personal injury lawsuit will pursue damages from the party responsible for causing your burn injury. Examples of liable parties for burn injuries at work include:
- The property owner
- A contractor in charge of the job site
- Parts manufacturer
- A Government entity
- A third party
In some cases, multiple parties may be at fault, which is why it is important to discuss your burn injury with a reputable attorney. With an attorney, you may be compensated for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
Degrees of Burn Injuries
The severity of your burn injury will not only impact the amount of medical treatment you receive but your compensation as well. Typically, the higher the degree of a burn, the more compensation you are entitled to. Burn injuries are sorted into the following degrees:
- 1st-degree burns: 1st-degree burns are considered mild burns that usually heal with at-home, first-aid treatment. These injuries typically do not qualify for a personal injury claim but may result in a workers’ compensation claim, depending on the situation.
- 2nd-degree burns: these are considered serious burn injuries, requiring emergency medical care. Second-degree burns have the potential to be fatal or cause permanent health complications.
- 3rd-degree burns: 3rd-degree burns are by far the most serious of burn injuries. Third-degree burns damage all three layers of skin and present the greatest risk of complication. In some cases, these burns are not felt after they occur because they destroy the nerve endings in a person’s body, making them unable to detect pain.
Bakersfield Burn Injuries Across Different Occupations
According to City Info, Bakersfields leading industries include agriculture, farming, food preparation, and construction. These industries have some of the highest risks of burn injuries across all workplace injuries. According to the National Library of Medicine, there are over 5,000 work-related burn injuries in the United States every year, making up 45% of all burn injuries across the country. Burn injuries are most common in these occupational settings:
- Industrial and Manufacturing: this work usually involves high-temperature machines, chemicals, and flammable materials, which can lead to burns if safety standards are not met or followed.
- Restaurant & Commercial Kitchens: hot oils, high-temperature ovens, and boiling water in a fast-paced environment are the perfect “recipe” for a burn accident. Employees who are not provided proper protective equipment or shown safe work practices can sustain severe burns in a chaotic kitchen environment.
- Construction Sites: Exposure to electrical wiring, flammable substances, and high-temperature machinery such as a soldering iron can cause severe burns to employees if OSHA rules for grounding electrical equipment or warning of dangerous workspaces are not followed.
- Laboratories: Chemical burns are always a risk when handling dangerous substances without adequate safety measures. Dangerous substances should always be handled with protective gloves and goggles with respiratory equipment on-hand and adequate ventilation in the building.
What is the Process for Filing a Bakersfield Burn Injury Workers’ Compensation Claim?
The first thing you should do after a burn injury at work in Bakersfield is seek medical treatment and report the injury to your employer. Make sure your supervisor or someone in management knows as soon as possible. Next, you should fill out a workers’ compensation claim form. Your employer is obligated to give or mail you a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your burn injury.
You should fill out this form and return it to your employer as soon as possible to avoid possible problems with your claim. Claim forms returned more than 30 days after you’ve received them can potentially reduce your worker’s comp benefits or negate them entirely.
After submitting your claim, it is essential to get good medical care for your transportation injury. You should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process. The role of this doctor is to:
- Prescribe care for your job-related injury
- Manage your overall care
- Help determine when or if you can return to work
- Help identify the kinds of work you can do safely while recovering
- Refer specialists if necessary
- Write medical reports that will help determine the benefits you can receive
When working through your injuries with your primary treating physician you should be open and honest about all of your symptoms. Describe the events at work and what you believe led to your overexertion injuries. If you do end up filing a workers’ compensation claim, your doctor will play a large role in certifying the legitimacy of your injuries and the damage done to your life.
Contact a Bakersfield Burn Injury Workers’ Compensation Lawyer
At Maison Law, we recognize how burn injuries in the workplace and how they can have a major impact on your health, finances, and career. Burn injuries can easily cause permanent damage that you do not deserve to live with just because someone else was careless or reckless with your safety. Our firm would like to provide you with the legal assistance you need to get you fully compensated for your damages. If your workers’ compensation has been inadequate at covering your damages, or your workers’ comp claim has been denied, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our legal assistance and you won’t pay a cent unless we win your case.
