Long Beach Workplace Burn Injury Lawyer
Burns are extremely painful injuries capable of causing lasting damage. While minor burns can be treated with basic first-aid, severe burns demand immediate medical treatment. Victims could sustain devastating effects if they do not receive treatment swiftly enough for these injuries. While burns can happen for several reasons, these injuries can also occur in the workplace.
Legal Counsel for Workplace Burn Injury Cases in Long Beach, CA
If you or a loved one recently suffered burns at work in Long Beach, CA, you likely have grounds to file a claim for workers’ compensation benefits. The workers’ compensation system of California ensures that every injured worker has access to the support they need to fully heal from their injury and recover any lost functional capacity. Unfortunately, many burns cause permanent damage that can interfere with mobility, range of motion, and a victim’s ability to handle their previous job duties.
Pratt Williams offers comprehensive legal counsel to victims of workplace burn injuries in the Long Beach, CA, area. We understand the challenges many injured workers face as they seek compensation for their burn injuries and the uncertainty that can follow any catastrophic injury. Our goal in every case is to help our client fully understand their available legal options and then execute a sound legal strategy for maximizing their recovery.
Understanding Workplace Burn Injuries and Their Possible Effects
Some workplaces are inherently more dangerous than others, and some workers in California face unique burn injury risks due to the nature of their workplaces. For example, construction is statistically the most dangerous field, accounting for the most workplace injuries and workers’ compensation claims of all industries in the United States each year, and burns can happen on construction sites from many possible causes. Vehicle accidents, fuel spills, explosions, and equipment malfunctions are just a few ways burns can happen in the construction field.
Other high-risk workplaces for burn injuries include restaurants, commercial kitchens, factories, refineries, and automotive services. Firefighters also inherently risk burn injuries every time they respond to emergency calls. No matter how a workplace burn injury occurs, the incident is likely to be highly traumatic for the victim.
Burns are incredibly painful injuries; even once addressed, they can continue to cause severe pain until the victim reaches maximum medical improvement. Burns are evaluated on a degree scale based on their severity, with first-degree burns being the mildest and fourth-degree burns being life-threatening. The severity of the burn, the location of the burn on the victim’s body, and the amount of surface area of the body covered by the burn all influence the victim’s prognosis for future complications.
A burn can heal with proper treatment, but these injuries typically leave permanent scar tissue behind. Burns can be disfiguring, causing psychological distress to victims, but the scar tissue they form can also cause physical problems. For example, if the victim suffered a burn around their elbow, flexing their arm and using the elbow joint can cause the scar tissue in the area to stretch, causing pain and limiting range of motion. Many burn victims require extensive skin grafting surgeries and other complex restorative treatments to recover as much as possible. However, most of these victims will still face ongoing complications because of their burns.
Filing for Workers’ Compensation Benefits in California
Every California employer must have workers’ compensation insurance under state law, even if an employer has only one employee. Therefore, when a worker sustains an injury, they should report it to their supervisor immediately. Some injuries will demand immediate medical attention, and victims can see any available doctor for treatment in these cases. However, workers’ compensation insurance carriers generally require claimants to visit local approved physicians for medical evaluations.
A workers’ compensation physician must assess an injured worker’s injury and assign them a disability rating based on severity. If the victim sustained a serious injury that demands immediate treatment, they can see a workers’ compensation doctor once they stabilize. The disability rating significantly impacts the outcome of the claimant’s benefits determination. Claimants with higher disability ratings can recover more extensive workers’ compensation benefits.
Workers’ compensation typically offers two forms of benefits to injured workers in California:
- In a workers’ compensation case, the claimant can usually expect their employer’s insurance carrier to cover the cost of any medical treatment they require to heal completely from their injury and restore lost functionality. Burns typically require expensive initial care followed by ongoing treatments and restorative therapy.
- Workers’ compensation can pay ongoing disability benefits when a workplace burn injury prevents the victim from working for an extended time. Usually, weekly benefits are paid at two-thirds of the claimant’s average weekly wage before their injury. So, for example, if the victim previously earned about $1,000 per week, they could expect up to about $750 per week in temporary disability benefits. These benefits have time limits and typically last for up to 104 weeks in most cases.
Some injured workers may qualify for permanent disability benefits, but insurance companies handling these cases typically strive to resolve them with large lump-sum offers to offset the need for extensive ongoing benefits arrangements.
An experienced Long Beach workplace burn injury lawyer can help their client determine what type of disability benefits would be most suitable for their situation and assess whether the insurance carrier’s settlement offer is fair and reasonable. For example, some claimants may have grounds for more extensive workers’ compensation benefits than they initially realize.
A Personal Injury Attorney Can Assist With Your Workers’ Compensation Claim
The workers’ compensation claim process may seem straightforward, but navigating this process is very difficult for anyone recovering from a painful workplace burn injury. Any mistakes in initial claim filings can lead to unfair denials of coverage, delayed claim processing, or less compensation than the claimant rightfully deserves. In addition, many workplace burn-injury victims have medical needs that require immediate intensive care, leaving them unable to start their workers’ compensation claims as quickly as they would like. However, an experienced attorney can handle the claim filing process for their client and keep them updated on the claim’s progress while the client focuses on their recovery.
When you have an experienced Long Beach workplace burn injury lawyer handling your case, they can ensure it meets all applicable court deadlines, so your case isn’t impeded by administrative red tape. In addition, your legal team can handle correspondence with insurance company representatives on your behalf. They will also ensure you receive a fair benefits determination based on the severity of your burn injury. Finally, once you receive your benefits from the insurance carrier, a good attorney will help you determine whether you have grounds for further legal recourse against the party responsible for your burn injury.
Ultimately, you are not only more likely to succeed with your workers’ compensation claim when you have an experienced lawyer assisting you but also more likely to maximize the total recovery you obtain for your injuries. Victims of severe burns may have grounds for further legal action beyond workers’ compensation, and filing a successful personal injury claim requires the assistance of an experienced attorney.
Filing a Burn Injury Claim in California
When a worker in Long Beach has sustained a severe burn injury, workers’ compensation benefits alone may not be enough to help them fully recover. Some injured workers could have grounds for legal action outside the workers’ compensation system, including personal injury claims against their employers or third parties. California’s workers’ compensation laws generally shield employers from civil liability for injured workers’ damages, meaning an injured worker cannot sue their employer for a workplace burn injury. However, if the employer does not have workers’ compensation insurance as required by state law, or if the employer or a co-worker intentionally caused the worker’s burn injury somehow, the victim has the right to file a personal injury claim in addition to their workers’ compensation claim.
Alternatively, a workplace burn injury victim can have grounds for a third-party personal injury claim. If any party outside of their work caused their burn injury, that party bears liability for the victim’s damages that workers’ compensation won’t cover. Any case involving third-party liability will likely escalate to a complex series of personal injury proceedings in addition to a workers’ compensation claim.
Success with a personal injury claim in California requires identifying the party responsible for the injury in question and establishing proof of the full extent of the victim’s damages. The plaintiff must prove that the defendant is directly responsible for their damages. In addition, California’s personal injury laws allow plaintiffs to seek compensation for any losses that workers’ compensation does not cover, such as specialized medical treatments and therapies not covered by the workers’ compensation insurance policy, lost income beyond the two-thirds weekly pay typically provided by workers’ compensation, and pain and suffering.
Compensation for Personal Injury Damages in California
While the workers’ compensation system can be an invaluable lifeline to many injured workers, burns are incredibly damaging injuries that can easily cause a host of long-term and permanent physical and psychological effects on a victim. Many burn victims struggle with permanent disfigurement, lost functionality in the affected part of their body, and psychological distress from their experiences.
It’s common for people who suffer severe burns to experience negative mental health outcomes such as post-traumatic stress disorder (PTSD) in addition to their painful physical complications. Workers’ compensation will only cover necessary treatments to heal the victim’s injury and restore functional capacity as much as possible. In addition, there are limits to disability benefits through workers’ compensation. While an injured worker can recover their medical expenses and some of their lost income through workers’ compensation, a personal injury claim can help them obtain compensation for pain and suffering.
Burns are highly traumatic and physically excruciating injuries. California’s personal injury statutes maintain that a plaintiff has the right to seek fair compensation for their physical pain, emotional distress, and psychological trauma resulting from their experience. When calculating pain and suffering damages, a Long Beach workplace burn injury lawyer can help their client determine a reasonable figure based on the severity of their injury and the long-term complications they likely face.
What to Expect From Your Long Beach Workplace Burn Injury Attorney
Pratt Williams is a team of Long Beach, CA, attorneys with years of experience in workers’ compensation and personal injury law. We routinely leverage our professional resources and experience to guide clients through complex cases, including many past burn injury claims. Our team knows the challenges and uncertainties most victims of workplace burn injuries face and the questions they often have pertaining to compensation for their injuries.
When you choose our firm as your Long Beach workplace burn injury lawyers, we will thoroughly review the details of how, where, and why your injury happened. In addition, we’ll help you understand your employer’s workers’ compensation insurance policy and guide you through the claim process. Your burn injury claim likely includes severe physical injuries demanding extensive medical treatment. Our goal is to help you secure the medical expense coverage you need as quickly as possible after your injury.
Regarding lost income, we can ensure the workers’ compensation insurance carrier processes your claim in good faith and offers a reasonable benefits determination. If there are any discrepancies in your claim, if you experience any unexpected delays in the processing of your claim, or if the insurance company requires additional information, we can also help you address these issues.
Pratt Williams specializes in workers’ compensation claims for clients in the Long Beach, CA, area, but our team also provides client-focused personal injury representation. If you have grounds for legal recourse outside of your workers’ compensation claim, we can help you build your civil case and hold the defendant accountable for the damages you sustained. Once we exhaust your available recovery options through workers’ compensation insurance, we will assess your outstanding damages and compile a personal injury claim on your behalf to enhance your final recovery.
You have a limited time to file your workers’ compensation claim after any workplace injury, and the aftermath of a serious burn injury can easily create a compounded economic problem for you and your family. The sooner you secure legal counsel you can trust, the sooner you can file your claim for benefits and start building your personal injury claim, if applicable to your situation. If you are ready to review your legal options with an experienced Long Beach workplace burn injury lawyer, contact Pratt Williams today to schedule a consultation with us.