Burn injuries are difficult to endure, but trying to get the help you need to heal and move on can be more difficult if the injury is from work. One reason for this added difficulty is due to the California workers’ compensation system. Although it’s intended to make the process of getting medical care and compensation for lost wages easier and faster for injured workers, this doesn’t always happen.
If you find yourself struggling to get compensation for your burn injuries from work, Maison Law is here to help. Our seasoned workers’ compensation lawyers are ready to advocate on behalf of Clovis burn victims. No matter if your employer is retaliating against you, the workers’ compensation insurance company has wrongfully denied your claim, or the benefits you received are inadequate, the Maison Law workers’ compensation lawyers in Clovis are here for you. We can get started today with a free consultation and case evaluation.
Types of Burn Injuries
Depending on where someone works, there are several different types of burn injuries that could occur. The different types depend on what causes the burn:
- Radiation burns: These burns are the result of overexposure to certain types of radiation, including x-rays and ultraviolet rays (sunlight).
- Thermal burns: These are the type of burns most people think of when they imagine a burn injury. These burns are the result of an external heat source causing thermal damage to human tissue. Sources of heat can include steam, scalding liquids, fire, and hot metals.
- Electrical burns: Both direct current (DC) and alternating current (AC) sources of electricity can cause burns if unprotected parts of the body are exposed.
- Chemical burns: Chemicals including strong alkalis, acids, and solvents can cause burns. These injuries are especially severe and debilitating if the chemical comes in contact with the eyes.
Severity of Burn Injuries
More severe burn injuries often lead to more missed time at work and bigger medical bills. Burns are generally classified into three types, with the higher-degree burns describing more significant burn damage to the body and subsequently, a bigger workers’ compensation claim.
First-Degree Burns
These are the least severe type of burns and rarely require hospitalization or special treatment. Most of the time, they heal with basic first-aid treatment available at most homes. The primary area of the body affected is the outer layer of skin, or epidermis. A common type of first-degree burn is a mild sunburn and therefore don’t usually result in a workers’ compensation claim. However, in rare cases, a compensable claim may exist.
Second-Degree Burns
These are more severe burns and involve damage to not just the outer layer of skin, but the lower dermis layers as well. Second-degree burns typically result in red, blistered skin. Depending on the area of the body covered in second-degree burns, emergency medical care and advanced burn treatments may be needed. Second-degree burns in certain cases can lead to permanent health issues.
Third-Degree Burns
With a third-degree burn, all of the skin layers are burned, with at least some damage to the underlying tissues below the skin. In most third-degree burn cases, tendons, muscles, and/or bones may be damaged from the burn. Ironically, third-degree burns aren’t the most painful type of burn injury, as the nerve endings in the affected areas have been destroyed.
A third-degree burn is likely to result in a workers’ compensation claim. If third-degree burns cover enough of the body, long-term hospitalization and extensive treatments will be needed.
Workplaces Where Burn Injuries Occur in Clovis
The National Library of Medicine notes that work-related fires and explosions amount to more than 5,000 burn injuries each year. The actual number is higher, as this statistic doesn’t count chemical, electrical, and radiation burn injuries. Because of the many different types of possible burn injuries, workplace burn injuries can occur in almost any work setting and at any time. However, they’re more likely in the following settings:
- Construction: From open flames to electrical wiring to high-temperature tools, workers in the construction industry are exposed to numerous burn risks. This is why the use of personal protective equipment is so important, but burn injuries can still occur.
- Commercial kitchens and restaurants: Cooking food usually involves high temperatures, whether the source of heat is a stove, oven, or an open flame. Boiling liquids are especially risky given how easily they can splash and remain on the skin.
- Manufacturing and heavy industry: Workers are often surrounded by machines that reach high temperatures, as well as a wide range of chemicals and flammable materials.
- Research laboratories: On the one hand, labs usually have stringent safety rules and protocols, but the widespread exposure to flammable substances and dangerous chemicals makes the possibility of a burn injury a real risk.
The California Workers’ Compensation Claims Process
If you get hurt at work, the first thing you should do is get immediate medical attention. Depending on the injury, you might need to make additional medical visits, but the first one is important to ensure a relatively routine burn injury doesn’t get any worse and require additional treatment. After stabilizing your injury, you can worry about the workers’ compensation claims process.
Step 1: Notify Your Employer
After receiving medical treatment, report your injury and the incident leading to your burn injuries to your employer. This will usually be a supervisor, someone in HR, or someone in management.
This is a critical step because waiting too long or not telling your employer at all could make it impossible to receive workers’ compensation benefits.
Step 2: File the Workers’ Compensation Claim
After you give notice to your employer, they should give you a copy of the Workers’ Compensation Claim Form (DWC 1). You need to complete this form (the “Employee” section) and give it back to your employer as soon as you can so they can complete the “Employer” section. From there, they’ll send a copy to the workers’ compensation claims administrator who has 14 days to either confirm acceptance of the claim or let you know of an additional investigation.
Step 3: Cooperate With Your Primary Treating Physician
After filing your claim, continue any required medical treatments. Most likely, you’ll be assigned a “primary treating physician” who will see you during the workers’ compensation process. This doctor will:
- Decide the medical care you need to treat your burn injuries.
- Determine when (or if) you can return to work.
- Outline any work-related limitations if you’re able to return to work before you’re 100% healed.
- Refer you to specialists, if necessary.
- Prepare medical reports to help determine what workers’ compensation benefits you’ll be eligible for.
Given your primary treating physician’s role in your medical care, it’s important to be open and honest with them regarding your health concerns and issues relating to the burn injury. What you say or do with your doctor will play a role in the benefits you receive and how quickly you receive them.
When You Need to File a Workers’ Compensation Lawsuit
If workers’ compensation doesn’t fully compensate you for your injuries, you need to consider other options. This type of situation might exist if the benefits you receive aren’t enough for your medical costs and lost wages.
If you end up going to court, you’ll most likely sue a third party that caused your injuries, not your employer. If your lawsuit is successful, you can potentially recover:
- Lost wages
- Payments to compensate you for reduced earning potential
- Past, present, and future medical expenses
- Pain and suffering
- Property repair or replacement costs
- Increased cost of living expenses, such as having to hire a nurse or housekeeper to help with medical treatments at home or chores you can no longer do.
- Emotional distress
- Loss of consortium
In rare cases, you can also sue your employer. But this will usually only be an option if your employer acted in a fraudulent or intentional manner. Determining if these conditions exist will usually necessitate the advice of a lawyer with experience handling workers’ compensation cases.
Talk to a Workers’ Compensation Burn Injury Lawyer in Clovis
A burn injury from work can change your life forever, and usually not for the better. So the least your employer and workers’ compensation insurance company can do is compensate you for lost wages and out-of-pocket medical expenses.
In many workers’ compensation disputes, hiring a lawyer to help move the claims process along is all that’s needed for you to receive full benefits. But for cases where it isn’t, having that lawyer on your side will be invaluable, especially if you need to go to court.
If you live in Clovis and have been burned at work, contact Maison Law as soon as you can. Taking quick action could make the difference between full workers’ compensation benefits and no benefits at all. Talking to us about your case is free, so there’s no reason not to get in touch and learn more about your rights.
