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Are Burn Injuries From Workplace Accidents Covered by Personal Injury Claims?

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Are Burn Injuries From Workplace Accidents Covered by Personal Injury Claims?

Are Burn Injuries From Workplace Accidents Covered by Personal Injury Claims?

By Jan Hoen

Burn injuries can be life-altering, both physically and emotionally. When such an injury occurs in the workplace, it’s crucial to understand your rights and the legal pathways that can provide financial support for medical treatment, lost wages and other damages. At Hampton Injury Law, we recognize the immense stress you’re facing. Our attorney is here to help you understand the distinction between workers’ compensation claims and personal injury lawsuits when it comes to workplace burn injuries. 

Common Causes of Burn Injuries in Workplaces

Burn injuries can happen in many workplace settings, ranging from offices to construction sites. Some of the most common scenarios include exposure to fires, explosions or scalding liquids in jobs like manufacturing, restaurant work or construction. Electricians and other tradespeople may suffer electrical burns, while those handling corrosive substances in labs or chemical facilities risk chemical burns. Even friction burns caused by defective machinery can be severe. 

Burns are categorized by severity—from first-degree burns, which damage the outermost layer of skin, to catastrophic fourth-degree burns that extend into muscles or bones. Regardless of severity, the impact of a workplace burn can be profound, often requiring extended medical care and time away from work.

Are Workplace Burn Injuries Covered by Personal Injury Claims?

The short answer is no, most workplace burn injuries fall under workers’ compensation coverage, not personal injury claims. Virginia law requires employers to provide workers’ compensation for employees injured on the job, and this system is designed to protect both the employer and the employee. Workers’ compensation is a no-fault system, meaning you are not required to prove that your employer was negligent to receive benefits. 

However, this also means that you generally waive the right to sue your employer in a personal injury lawsuit in exchange for guaranteed workers’ compensation benefits. Personal injury lawsuits for workplace injuries are rare and typically arise only if a third party (such as an equipment manufacturer or subcontractor) is responsible for the accident. 

Key Steps in Handling a Burn Injury Caused by Negligence

If your burn injury is indeed due to someone else’s negligence, taking the right steps is crucial to protect your rights and seek compensation: 

1. Seek Immediate Medical Attention

Your health comes first. Get prompt medical care to treat the burn and document its severity. This medical evidence will be critical if you decide to pursue a claim. 

2. Document the Incident

Gather as much evidence as possible about how the injury occurred. Take photos of the scene, your injuries and any contributing factors. Collect witness statements and retain any relevant records, such as receipts or reports. 

3. Speak to a Personal Injury Attorney

To pursue compensation, you’ll need to prove that the injury was caused by negligence. An experienced personal injury lawyer can help build your case, negotiate with insurance companies and help you receive the compensation you deserve for your medical bills, lost wages, and pain and suffering. 

Handling the situation promptly and thoroughly can make a significant difference in achieving a fair resolution.

Contact Hampton Injury Law Today

If you’ve sustained a burn injury on the job, navigating the workers’ compensation process can feel overwhelming. The team at Hampton Injury Law is here to guide you every step of the way, helping you seek the benefits you’re entitled to under the law. Don’t go through this challenging time alone. Contact us today to schedule a case evaluation.

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