Maison Law advocates on behalf of burn victims in California. If you or a loved one has suffered burn injuries from a work-related accident, the workers’ compensation attorneys at Maison Law are here to help you recover the maximum amount of compensation for your damages. Whether your workers’ compensation claim has been denied, or you feel you have not been thoroughly compensated, our firm can help. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for Burn Injuries Workers’ Compensation Claims in California?
Burn injuries are amongst the most painful and physically devastating for a person to endure. Employees who suffer a traumatic burn injury on the job are entitled to workers’ compensation, but oftentimes, workers’ compensation can serve as more of a barrier to benefits rather than a provider. In some cases, medical treatment can be denied or benefits cut off too soon, leaving injured employees with financial burdens and career uncertainty. For these reasons, discussing your situation with a workers’ compensation lawyer is recommended. An attorney will hold workers’ compensation responsible for all the benefits you are entitled to. An attorney will also file a lawsuit against workers’ compensation if 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.
- 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.
- A permanent disability claim: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
In addition to filing a lawsuit against workers’ compensation, an attorney will also file a lawsuit against the party responsible for causing your burn injuries. While workers’ compensation is intended to provide you with medical care and financial support during your time away from work, it does not typically cover the mental and physical damages you’ve had to endure due to your injuries. By filing a lawsuit against the liable party, 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.
Burn Injuries Workers’ Compensation Claims in California Across Different Occupations
Burn injuries can occur at any time, 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. However, 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.
What is the Process for Filing a Lawsuit for a Burn Injuries Workers’ Compensation Claim in California?
The first thing you should do after a burn injury at work 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.
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 Burn Injuries Workers’ Compensation Lawyer in California
If you or a loved one has had their benefits terminated too early or been under-compensated by worker’s compensation after a burn injury, the attorneys at Maison Law can get you the legal help you need. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law to get you your benefits promptly and successfully. For legal counsel concerning your workers’ compensation claim, 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.
