If you sustained burn injuries at work, you may be able to secure financial compensation through a workers’ comp claim. Unsure of how to get started? Contact Attorney James Koh to explore your legal options in a case consultation.
Firefighters aren’t the only members of California’s workforce who are at risk of sustaining serious burns. Employees working in manufacturing, kitchens, construction, and even white-collar office jobs can suffer unexpected burn injuries in the workplace.
When burn injuries occur, eligible employees can apply for workers’ compensation benefits to cover their medical care, disability, lost wages, and more. Although the process is relatively straightforward, securing the full range of benefits isn’t always as easy — especially without top-tier legal assistance.
If you suffered a serious burn injury at work, you deserve compensation. Attorney James Koh, a dedicated California workers’ comp lawyer, can help you navigate the workers’ compensation system and get the financial support you’re entitled to. Keep reading to learn more.
Need help filing a workers’ compensation claim, or accessing your benefits? Call Attorney James Koh at 213-232-2725 for assistance filing the necessary paperwork, meeting crucial deadlines, communicating with the insurance companies on your behalf, and more.
Types of Burn Injuries in the Workplace
Workplace burn injuries are surprisingly common, even in occupations where workers are not typically exposed to hot liquids or surfaces. Although workplace burns take a variety of forms, some types of burn injuries occur more frequently than others. We discuss some of the most common types of workplace burn injuries below.
Thermal Burns
Thermal burns are among the most common types of injuries, typically resulting from contact with hot objects, flames, steam, or other sources of heat. Workers in industries such as manufacturing, construction, and food service are particularly susceptible to thermal burns. These injuries can vary in severity, depending on factors such as the temperature of the object or substance causing the injury and the duration of exposure. Thermal burns can lead to significant pain, blistering, and tissue damage, often requiring medical attention and potentially resulting in long-term complications such as scarring and impaired mobility.
Electrical Burns
You don’t have to be an electrician to suffer electrical burns at work. Injuries caused by electrical burns pose a significant risk to any workers who come into contact with live electrical sources or faulty equipment. They typically occur when an electrical current passes through the body, causing tissue damage and potentially affecting internal organs. Severity ranges from mild to severe, depending on factors such as the voltage of the current and the pathway it takes through the body.
In addition to external burns where the current enters and exits the body, electrical injuries can also cause internal damage, including cardiac arrest and neurological complications. Prompt medical evaluation is essential for assessing the extent of the injury and preventing further harm.
Chemical Burns
Chemical burns can also occur in workplaces where employees handle hazardous substances such as acids, alkalis, solvents, or cleaning agents. These burns result from contact with corrosive chemicals that damage the skin and underlying tissues. The severity of a chemical burn depends on factors such as the type and concentration of the chemical involved, the duration of exposure, and the area of the body affected.
Chemical burns can cause pain, redness, blistering, and tissue necrosis, and removing the chemical from the skin and neutralizing its effects may require specialized treatment. Proper handling procedures, personal protective equipment, and training are essential for preventing chemical burns in the workplace, but these practices are not always commonplace.
Sunburns
Sunburns are a common but often overlooked hazard in outdoor workplaces, including construction sites, agricultural settings, and recreational facilities. Prolonged exposure to the sun’s ultraviolet (UV) rays can cause damage to the skin, leading to sunburn, premature aging, and an increased risk of skin cancer. Sunburns typically manifest as redness, pain, and peeling of the skin, and they can vary in severity depending on factors such as the intensity of the sun’s rays, the duration of exposure, and the individual’s skin type.
Workers can prevent sunburns by wearing protective clothing, using sunscreen, and seeking shade, but unfortunately, some employers may not allow sufficient breaks to re-apply sunscreen (every 20 minutes) or cool off in the shade, which is illegal according to California OSHA laws. If your employer prevents you from taking the necessary precautions against sunburns and you sustain a burn as a result, you may not only have a case for workers’ compensation but for a personal injury lawsuit as well.
How Burn Injuries Occur in the Workplace
Workplace injuries involving burns happen in a variety of ways, some of which can’t be foreseen or prevented, even when safety protocols are in place. That being said, it’s always a good idea to mitigate burn risks the best you can by notifying your employer or OSHA representative if any of the following factors are present at your place of work.
Unsafe Working Conditions
Burn injuries can stem from unsafe working conditions, such as poorly maintained machinery, inadequate ventilation, or cluttered workspaces. In industries like manufacturing or construction, workers may encounter hot surfaces, open flames, or chemicals that can cause burns if proper precautions aren’t taken. In kitchens or food processing facilities, hot oil, steam, or kitchen equipment can pose significant burn risks if safety protocols are not strictly followed.
Lack of Personal Protective Gear
Failure to provide appropriate personal protective gear increases the likelihood of burn injuries in the workplace. Protective equipment such as heat-resistant clothing, gloves, goggles, and face shields are essential for workers exposed to high temperatures, chemicals, or flames. Without adequate gear, employees are vulnerable to burns from direct contact with hazardous materials or thermal sources.
Lack of Employee Training
Inadequate training on workplace safety protocols significantly contributes to burn injuries. A recent study found that in over 38% of workplace burn injury cases, the victims were not properly trained to safely prevent burns. Employees, regardless of occupation, may not be aware of proper handling techniques for hot materials, emergency procedures in case of fire or chemical spills, or how to use protective gear effectively. Without comprehensive training programs, workers may inadvertently expose themselves to burn hazards or fail to respond appropriately to dangerous situations.
Outdated Equipment or Workspace
Outdated equipment or workspace designs can increase the risk of burn injuries due to malfunctioning machinery, faulty electrical systems, or outdated safety features. Aging infrastructure may lack modern safety mechanisms or fail to meet current industry standards, putting workers at risk of electrical fires, explosions, or other hazardous incidents. Regular maintenance, equipment upgrades, and workspace renovations are essential to mitigate burn risks associated with outdated facilities.
How Bad Does My Burn Have to Be to File a Workers’ Compensation Claim?
Despite what you may have heard from your employer or an insurance representative, all types of burns are eligible for workers’ compensation, whether it’s a sunburn or a life-threatening burn. If you’re an employee in California and suffered one of the following workplace burn injuries while performing your job tasks, you can seek workers’ comp benefits:
- First-degree burns. These are the mildest forms of burns, affecting only the outer layer of the skin, known as the epidermis. Symptoms typically include redness, minor swelling, and pain. First-degree burns usually heal within a few days to a week and often do not require medical attention, however, it’s always a good idea to seek medical attention just to be sure. If you decide to do so, the doctor’s visit will likely be covered by workers’ comp if the burn injury happened at work.
- Second-degree burns. These burns affect both the outer layer of skin (epidermis) and the underlying layer (dermis). Symptoms may include redness, swelling, pain, and blisters. Second-degree burns can take several weeks to heal and may require medical attention, especially if they cover a large area of the body or are located on sensitive areas like the face, hands, feet, or genitals.
- Third-degree burns. Affecting all layers of the skin and potentially deeper tissues such as muscles and bones, a third-degree burn may result in charred skin, white or blackened areas, numbness due to nerve damage, and a leathery texture. These burns often require immediate medical attention and may necessitate skin grafting or other advanced treatments to promote healing and prevent complications such as infection and scarring.
- Fourth-degree burns. Finally, there are fourth-degree burns, which extend through all layers of the skin and underlying tissues, reaching muscle, tendons, or even bone. Fourth-degree burns are the most severe burns and are often life-threatening, requiring immediate medical intervention.
Regardless of the severity of your burn, the treatment of your injury will be covered by workers’ compensation as long as the burn happens at work as a result of your job-related tasks, and you’re considered an employee. If you require more than three days of recovery time from your burn, you will be eligible to receive a weekly wage through workers’ compensation.
If you’re ready to file a workers’ compensation claim, Attorney James Koh can help you navigate the claims process, step by step. Contact James Koh to discuss the details of your work-related burn and secure the medical benefits you deserve.
Understanding Workplace Burn Injury Compensation
As stated several times throughout this guide, all employees (not contract workers) who sustained their injuries at work while performing their work duties will be eligible for workers’ compensation. The specific benefits that you’re entitled to will come down to the seriousness of your injuries and how long your recovery time will be.
To start, all injured workers will be entitled to receive medical treatment for their injuries–no matter how big or small. If your doctor recommends a recovery time of four days or longer, you will also be eligible to receive compensation for a portion of your missed wages during your recovery. Finally, if your burns are serious enough that you sustain a temporary or permanent disability as a result, you will also receive disability compensation.
In the unfortunate event that you or a loved one suffers fatal burns due to a workplace injury, workers’ compensation will provide compensation for funeral expenses and financial support to the surviving family members.
Can I Sue if My Workplace Burn Happened Due to Negligence?
California workers’ compensation law operates under a no-fault system, meaning that employees don’t need to prove fault to receive benefits. However, it also means that in most cases, workers can’t sue their employers for work injuries. You likely won’t be able to file a personal injury suit against your employer and file for workers’ compensation benefits, unless:
- You were purposely burned by your employer or a co-worker.
- Your employer didn’t have workers’ compensation insurance as required by law.
- Your employer lied to prevent you from seeking or receiving benefits.
If your burn happened as a result of a third party while at work, a burn injury lawyer can help you seek damages for your medical bills, emotional trauma, and disfigurement (among other things), and you may still be eligible to receive workers’ compensation benefits.
Steps to Pursue a Burn Injury Compensation Claim
The first step in all workplace injury incidents is to seek immediate medical care and tell your medical provider that you were burned while at work. The obvious reason for this is to prevent your injuries from becoming more severe, but the secondary benefit is to protect your workers’ comp claim.
Once your claim is processed, you will be contacted by a representative of your employer’s insurance who will be tasked with investigating the legitimacy of your claim. These representatives primarily have the insurance company’s interests in mind when conducting their investigation and will often try and get you to admit incriminating information about yourself, even if the admission isn’t true. Employees who don’t seek immediate medical care will have added scrutiny to their case, which may harm their claim.
Once you’ve been seen by a medical professional, the next step is to notify your employer about your injury. From there, your employer should provide you with the necessary paperwork to file your claim. This can also be done with help from a dedicated workers’ compensation attorney, who can file your paperwork and communicate with your employer and the insurance companies on your behalf.
Hire a California Workers’ Compensation Lawyer for Your Burn Injury
If you have questions about your rights as a claimant or how to properly file your claim, contact Attorney James Koh for legal guidance. He will investigate your case, assess the extent of your injuries, and begin working to maximize your burn injury claim. Remember: There is a time limit for filing a workers’ comp claim in California, so don’t delay. Contact James Koh for top-tier legal guidance and passionate representation.
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If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
