Can You Recover Compensation For Burn Injuries?

We’ve all burned our fingers at least once in our lives. Maybe you accidentally grabbed a hot pan or touched your curling iron against your forehead or neck. The pain is instantaneous and you’re left with a blister or angry-looking red welt.

However, this type of burn is mild and doesn’t require any treatment beyond a splash of cold water or maybe an ice pack. When it comes to more severe burns, the damage can be extensive. So, how do you go about recovering compensation for burn injuries caused by someone’s reckless or negligent actions? The answer depends on a few factors which we’ll cover in the following paragraphs.

A Quick Review Of the Different Types of Burn Injuries

Burn injuries can be divided into multiple categories. You can classify burn injuries by severity or cause. We’re sticking with severity since the cause often determines the seriousness of the injury. Burn injuries are typically divided into three categories depending on the severity:

1. First-degree burns are considered mild and don’t require professional medical treatment. This type of burn only affects the top layer of skin. You may see some redness or a blister may even form. 1st degree burns usually heal within a couple of days. Grabbing a hot curling iron or even spending too much time in the sun can result in a 1st degree burn.
2. Second-degree burns are more serious and you should seek medical attention to treat the injury. Along with feeling pain, you should expect your skin to redden and blister at the affected sight. Your skin may even appear glossy, kind of like glass. Fluid can seep from the injury site and you can also experience some skin loss. Along with touching scalding hot objects, 2nd-degree burns can also be caused by electrical shocks and exposure to some hazardous chemicals.
3. Third-degree burns are the most serious. This type of burn penetrates all skin layers and damages the underlying tissue. Immediate medical attention is always required since injuries can be severe and potentially even life-threatening. Some common signs indicating a 3rd-degree burn include your skin turning white, black, or brown. Remember, you’re dealing with both skin and tissue damage. Electricity, radiation, chemicals, and fire can all result in 3rd-degree burns.

When the burn injury occurs on your body it can also affect severity. So, can the age of the injured individual. Older people tend to heal slower than their younger counterparts. If the burn occurs on your face, you may encounter additional health issues like trouble breathing.

While the same type of burn on your leg may not result in additional complications. These are all factors to consider when you’re getting ready to file a burn injury claim.

Filing a Claim For Burn Injuries In a Workplace Accident

Where the burn injury occurs often dictates your next steps. If the injury occurs at work, you’ll probably file a workers’ compensation claim. Sure, workers’ compensation insurance covers burn injuries, but you must meet a couple of requirements. The injury must occur while you’re performing work duties. If you receive a burn injury while clocked out for lunch, it’s probably not covered by worker’s compensation.

Filing a worker's compensation claim is usually easier than going through the personal injury process. With workers’ compensation, it doesn’t matter who’s responsible for the accident, you’re covered. In other words, you don’t have to spend time trying to prove negligence.

Your workers’ compensation representative only cares if the accident happened either at work or while you’re performing job-related tasks. If you can answer yes, your damages are covered by workers' compensation insurance.

So, what exactly does workers’ compensation cover? You may be surprised at the available benefits. The workplace insurance covers your medical costs and lost income. If you can’t return to work due to the severity of your injuries, the insurance also provides long-term benefits. However, workers’ compensation doesn’t cover non-economic losses like pain, suffering, and mental anguish.

You’ll need to file a personal injury claim against your employer if you want to recover compensation for your pain and suffering. A quick note about filing a personal injury claim. You can only file one claim for the same accident, and this means choosing between workers' compensation or a personal injury claim.

Filing an Accident Claim After a Burn Injury

If your burn injury doesn’t happen at work, you’re left with only one option for recovering compensation. You’re going to need to file a personal injury claim against the party responsible for causing the accident.

Now, you need to prove negligence and sometimes this can be complicated. You must show the at-fault party owes you a duty of care and they breached this duty.

You must also show that the breach of duty is the cause of your burn injury that results in your damages. This can seem fairly simple until you get to breach of duty, and this involves proving the defendant’s actions aren’t those of a reasonable person. Once you can show negligence, you can usually move forward with a burn injury claim.

Gather Evidence

Proving negligence is the start of any successful personal injury claim but it’s not the end of the process. You still need to provide evidence supporting your listed damages. You can’t simply list damages and hope the insurance company pays out, they’re going to request proof.

Your medical records can provide proof of your injuries, along with their severity. You may also need to provide expert medical testimony if your burn injuries are life-altering or require ongoing or lifetime care.

Witnesses to the accident can also provide invaluable evidence. Don’t forget about your accident report. Hopefully, you reported the accident to the authorities either at the scene or while you were receiving medical treatment.

Consult With A Burn Injury Attorney

Whether you're filing a worker's compensation or personal injury claim, it's always a smart move to schedule a consultation with an accident attorney.

An experienced attorney can help ensure that you receive compensation to cover all of your damages, including medical expenses, lost wages, and any long-term impacts. Their expertise can make the process smoother and increase your chances of securing the full compensation you deserve.