When it comes to seeking workers compensation benefits for a burn injury, the process is no different than it is for any other job-related injury or illness. In order to secure benefits, you need to be an employee (as opposed to an independent contractor), you need to sustain an injury on the job and need to report the injury to your employee immediately.
Keep in mind, however, that you may also need to see a pre-approved or “company” doctor. Unless you need emergency care (which will often be the case with serious burn injuries), you are required to see a doctor who has been approved by your employer. If you have not yet sought out treatment for your burn injury, you should contact your employer to find out where you need to go for medical treatment.
Provided that you are eligible to receive benefits, the specific cause and nature of your burn injury are irrelevant to your right to worker’s compensation. All types of burn injuries are covered in New Jersey, including:
• Burns from Fires and Explosions – Fires and explosions can result from various causes on all types of job sites, and they can result in first, second, third, and fourth-degree burns.
• Chemical Burns – Chemical burns can result from exposure to various types of noxious substances, and they can be excruciatingly painful. Burns from industrial and cleaning chemicals are particularly common.
• Electrical Burns – Exposure to a hazardous energy source at work can result in severe electrical burns. Like all types of burns, depending on the severity of an electrical burn, surgery may be necessary.
• Thermal Burns – Thermal burns result from direct contact with a heat source, such as a hot muffler or scalding-hot industrial vat. Although these burns tend to be less severe, they can still entitle injured employees to workers’ compensation benefits.
• Smoke Inhalation – Smoke inhalation can be considered a form of burn injury, and smoke entering the lungs can cause potentially serious respiratory complications.
When seeking worker’s compensation benefits for a job-related burn injury, it is important to receive a comprehensive diagnosis. Serious burns can cause various types of significant damage, they can create risks for bacterial infections, and they can have long-term physical and psychological consequences. As discussed in greater detail below, all of these losses are covered (at least partially) under the various types of workers’ compensation benefits that are available in New Jersey, and you will need to work closely with your compensation attorney to ensure that your benefits are calculated appropriately.
• Thermal burns – Touching a very hot object raises the temperature of your skin to the point that your skin cells start dying. Very hot metals, scalding liquids, and flames all cause thermal burns. Steam can, too.
• Radiation burns – Sunburn is a type of radiation burn. Other sources of radiation, like X-rays or radiation therapy to treat cancer, can also cause these.
How Bad Is My Burn?
Doctors group burns into different categories based on how deeply your skin has been harmed. These are called “degrees.” You can have a first-, second-, third-, or fourth-degree burn. The higher the degree, the more severe the burn is.
◦ First-degree – These burns only affect the outer layer of your skin. A mild sunburn’s one example. Your skin may be red and painful, but you won’t have any blisters. Long-term damage is rare.
◦ Second-degree – If you have this type of burn, the outer layer of your skin as well as the dermis – the layer underneath – has been damaged. Your skin will be bright red, swollen, and may look shiny and wet. You’ll see blisters, and the burn will hurt to touch.
• If you have a superficial second-degree burn, only part of your dermis is damaged. You probably won’t have scarring.
• A deep partial thickness burn is more severe. It may leave a scar or cause a permanent change in the color of your skin.
◦ Third-degree – Sometimes called a “full thickness burn,” this type of injury destroys two full layers of your skin. Instead of turning red, it may appear black, brown, white or yellow. It won’t hurt because this type of burn damages nerve endings.
◦ Fourth-degree – This is the deepest and most severe of burns. They’re potentially life-threatening. These burns destroy all layers of your skin, as well as your bones, muscles, and tendons.
Sometimes, the degree of burn you have will change. This can happen if your damaged skin keeps spreading and the injury becomes deeper.
Burns can lead to many complications, including infection and bone and joint problems. Because of this, it’s a good idea to always follow up with your doctor.
Discuss Your Burn Injury Claim with an Experiences Compensation Attorney
Collecting the full worker’s compensation benefits you deserve is not easy. In order to protect your legal rights, it will be important for you to rely on the advice and representation of an experienced attorney.
If You Have Sustained a Burn Injury during the course of your Employment
If you have sustained a work-related burn injury, you should contact the attorney’s at Scura, Wigfield, Heyer, Stevens & Cammarota, LLP at (973) 696-8391.
