A Quick Guide to Burn Injuries at Work

Burn-related hospital stays are significantly longer and more expensive than other injury-related hospital stays, which is saying quite a bit. Furthermore, burn injuries require extensive physical therapy, driving up the cost of work-related burn injuries. Employers are legally and financially responsible for these costs, at least in most cases.

A Carlsbad personal injury lawyer obtains the compensation these victims need to deal with their serious injuries and live their lives, at least to the greatest extent possible. Workers’ compensation benefits usually include lost wage replacement and medical bill payment. Additional compensation for pain and suffering may be available as well. More on that below.

Kinds of Burn Injuries

Most work-related burn injuries occur at chemical plants. Injuries at these plants often run the gauntlet of work-related burn injuries:

Temperature: Most job-related temperature burns are third or fourth-degree burns. These wounds destroy inner skin layers and char bones. As a result, these injuries usually require painful and extensive skin grafts.
Chemical: Most chemical plant workers handle highly toxic chemicals that basically release clouds of poison gas. This gas, which is almost always invisible, usually burns the victim’s ear, nose, and throat, causing extreme pain.
Radiation: Chemical and temperature burns are usually sudden exposure burns. One minute you’re fine and the next minute you’re not. Radiation often burns the skin slowly over time, making these burns much harder to diagnose and treat.

Most energy production, manufacturing, and other chemical plants are in remote locations. That location increases the cost of injury treatment. Many of these victims require helicopter medevac transportation. A short helicopter ride could cost $50,000.

Electrocutions are a close second. Touching a live wire usually triggers an involuntary muscle contraction (the no-let-go response). As a result, these victims have extended contact with energy that’s hotter than the sun’s surface temperature.

Workers’ Compensation

We mentioned these benefits above. Usually, workers’ compensation is the exclusive remedy for job-related burns and other injuries.

Most injured victims receive two-thirds of their average weekly wage for the duration of their temporary or permanent disabilities.

In California, workers’ compensation temporary disability benefits usually last for 104 weeks. However, certain severe injuries like chronic lung disease, severe burns, or amputations may qualify for a 240-week extension. Permanent disability benefits are, well, permanent. Usually, a Carlsbad personal injury lawyer partners with an accountant or other outside professional to determine a fair amount of future lost wages.

Workers’ comp also pays all reasonably necessary medical bills. Due to the unusually high cost of burn treatment, as outlined above, the workers’ compensation insurance company often refuses to pay the bill or only pays part of it. So, a lawyer must advocate for victims in these situations.

Nonsubscriber Cases

This Legalese phrase simply means job injury cases that workers’ compensation does not cover. Typical instances include:

Uninsured Employer: Some companies ignore the law and don’t buy workers’ compensation insurance. Others skirt the law and lie to their insurance carriers about payroll size and other risk factors. A civil claim is an option in these situations.
Deliberate Injury: A civil claim is also an option if the injury was intentional (e.g. Sam knew the boiler might overheat but he sent Jack to service it anyway). Additional compensation is available in civil suits, but these matters are often hard to prove.
Third-Party Fault: Negligent co-workers and manufacturers cannot hide behind workers’ compensation laws and avoid liability. Individuals and manufacturers are separately responsible for the injuries they cause.

Some lawyers only do workers’ comp cases and some only do nonsubscriber cases. A full-service Carlsbad personal injury lawyer who handles both is a much better partner.

Connect With a Detail-Oriented San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

pmc.ncbi.nlm.nih.gov/articles/PMC8223566/