Work related burn injuries

Nancy Salley • March 30, 2018

There are numerous jobs that require workers to work around electricity, chemicals, radiation, heated liquids, heated materials or equipment. These types of jobs put workers at an increased risk of possibly suffering permanent burn injuries and scarring that are life altering.

What compensation is available to someone suffering a permanent burn injury? First, you are entitled to medical treatment and care following your injuries until you reach maximum medical improvement. Medical treatment and care may include office visits, skin grafts, and pain medication, as a few examples. Second, you are entitled to temporary compensation for lost wages while you are out of work. Third, once you reach maximum medical improvement, you are entitled to reasonable and necessary future medical treatment and care to maintain your level of function. Fourth, if you have permanent scarring, then you could be entitled to compensation for permanent disability of the skin and possibly for disfigurement. Fifth, you are entitled to be compensated for permanent disability to other body parts caused by the burns.

Compensation for permanent impairment/disability of the skin is set forth R. 67-1101. Depending on the percentage of disability, the compensation can range from 5 to 300 weeks of benefits. If the burns result in the impairment of two or more body parts or systems and you suffer a permanent wage loss, it is possible to pursue benefits under §42-9-10 or §42-9-20, permanent and total benefits or partial disability benefits, respectively. Under §42-9-30(23) an injured worker may also get compensation for up to 50 weeks for permanent disfigurement of the face, head, neck, or other area normally exposed in employment, in addition to other compensation for serious burns or keloid scars.

Besides the damage to the skin and the disfigurement, it is important to carefully determine if the scarring from the burns is affecting any other body parts. For example, does the burned tissue cause limitations in the use of an arm or leg? If so, an injured worker may be able to recover compensation for those affected body parts. Also, many people that are seriously burned are psychologically affected as a result. The psychological injuries, if related, can also be treated under workers’ compensation. For an injured worker to properly address the extent of compensation that they are entitled to following a serious burn injury, it is best to get help from an attorney who knows your rights, what questions to ask and how to best guide an injured worker through the workers’ compensation process.

At the Salley Law Firm an initial consultation is free and will help you learn your rights. It is better to contact an attorney early on to discuss your rights, obligations and any questions that you may have, rather than waiting and possibly losing rights to the compensation you deserve.

If you would like to speak to one of our attorneys, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

< Older Post Newer Post >