San Jose Burn Injury Workers Compensation Lawyer

Maison Law supports burn injury workers in San Jose. If you or a loved one has suffered burn injuries while on the job, Maison Law can manage your claim to maximize the compensation you are entitled to. Our firm has years of experience offering compassionate, individualized attention to guide the workers of San Jose through every step of the legal process. Partner with a San Jose Workers’ Compensation law firm today by contacting Maison Law for a free consultation and case evaluation.

Workers’ Compensation Benefits for Burn Injuries

Burn injuries can be devastating for workers in San Jose. After a work-related burn injury, many workers will wonder: How will I pay my medical bills? Will I get paid for my missed time at work? How will I support my family while I recover? These are all normal questions and San Jose Workers’ Compensation Lawyer can help you get the answers you need.

While a lawyer is not necessary to begin receiving workers’ compensation benefits, an attorney can be beneficial to your claim. A Workers’ Compensation Lawyer advocates on your behalf to ensure your employer’s workers’ comp insurance is giving you the maximum amount of benefits you are owed. These benefits can include:

• Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s life, or for the duration of the injury.
• Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
• Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
• Supplemental job displacement: if you are unable to return to your employment after you have been released by your treating physician, you may be entitled to receive a voucher that will be paid up to a school up to a certain amount, depending on your disability.
• Travel Costs: travel to and from medical treatment such as doctor’s visits, surgery appointments, and rehabilitation can be partially or fully covered under workers’ compensation.
• Death benefits: in the result of a fatal accident at work, workers’ compensation pays qualifying dependents up to a maximum of $320,000 with up to $10,000 for burial expenses.

Do I Need a San Jose Burn Injury Lawyer?

A lawyer can help you manage your claim, as well as explore every possible avenue to get you compensation. For example, let’s say you’re working as a line cook at a restaurant in San Jose and a deep fryer explodes, causing you to suffer second and third-degree burns. You’ll immediately receive workers’ compensation benefits, but what if this accident was caused due to a careless act or a defective part on the fryer? Workers’ compensation does not cover negligence or the emotional damage you’ll most likely experience from a burn injury.

For that reason, you’ll want to choose the best representation for your San Jose burn injury. The Workers’ Compensation Attorneys at Maison Law will not only manage your workers’ compensation claim, but we’ll pursue additional damages by filing a personal injury lawsuit against the party responsible for your injury. Personal injury damages can include:

• 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 if you decide to take legal action. 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.

Common Burn Injuries in the Workplace

According to the American Burn Association, there were approximately 450,000 burn injuries in the United States with around 45,000 people hospitalized for severe burns. Many of these burn injuries occur in the workplace with the most common burns being:

• Thermal burns: these burns are caused by the heat from liquids, open flames, hot objects, and explosions. Thermal burns are very common in the food service industry. Thermal burns can be prevented through the use of Personal Protective Equipment (PPE), fire prevention tactics, and fire detectors.
• Chemical burns: chemical burns are the result of strong acids, alkaloids, or other corrosive materials coming in contact with the skin or eyes. These accidents often occur in janitorial roles or housekeeping roles due to the chemicals used in cleaning substances. Workers who work with chemicals should consider Hazard Communication training to prevent harm to themselves and others.
• Electrical burns: these burns occur in electrocution injuries when an electrical current travels through the body, resulting in burns to a person’s flesh. Electrical machinery is required to be clearly marked and identified. Workers are also required to wear protective equipment at all times when working with high-voltage electricity.

Burn Injuries Workers’ Compensation Claims in San Jose

Burn injuries can occur at any moment, but the majority of them occur in workplace settings. 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. Some workplace environments are more prone to burn incidents. These occupational settings include:

• 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.

Contact a San Jose Burn Injury Workers’ Compensation Lawyer

If your worker’ comp benefits have been terminated too early or you’ve been under-compensated for your damages after a burn injury, the attorneys at Maison Law can help manage your claim and get you the benefits you need. Our firm is prepared to file a lawsuit against workers’ compensation and any liable third party to ensure you are compensated to the maximum amount your are owed. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charge a cent unless we win your case.