Can You Sue for a Burn Injury That Happened at Work?
Although workers’ compensation generally covers workplace injuries, certain circumstances allow injured employees to pursue a personal injury lawsuit. At The Regan Law Firm, our San Francisco burn injury lawyers help seriously injured workers investigate liability and pursue compensation for burns caused by dangerous equipment, fires, explosions, and other workplace hazards.
Burn Injuries at Work
Workplace burn injuries can occur in construction sites, factories, restaurants, warehouses, and other environments where employees encounter dangerous conditions.
Common causes include:
- Thermal burns from fires, steam, hot surfaces, or industrial equipment.
- Chemical burns from hazardous substances, cleaning agents, or industrial chemicals.
- Electrical burns from exposed wiring, faulty equipment, or high-voltage contact.
- Explosion injuries involving combustible materials, defective machinery, or gas leaks.
Serious workplace burns can result in permanent scarring, nerve damage, disability, and extensive medical expenses, while some victims require skin grafts, reconstructive surgery, or months of rehabilitation before returning to work.
When Can You Sue for a Work Burn Injury?
California’s workers’ compensation system generally provides medical treatment and partial wage replacement without requiring employees to prove employer negligence.
However, a workplace burn injury lawsuit may be possible under certain circumstances.
Third-Party Negligence
If someone other than your employer caused your injuries, you may have grounds for a third-party personal injury lawsuit. Potential defendants include negligent subcontractors, property owners, and manufacturers of defective equipment.
Compensation Beyond Workers’ Compensation
A successful third-party lawsuit may provide compensation for medical expenses, lost earning capacity, pain and suffering, permanent scarring, and future treatment.
Workers’ compensation does not cover pain and suffering. However, reimbursement rights involving workers’ compensation benefits can affect how much an injured employee ultimately receives from a third-party recovery.
How Can You Sue for a Burn Injury at Work?
If you suffered serious burns while working, protecting your health and preserving evidence should come first.
- Seek medical treatment: Obtain immediate care and document the severity of your burns.
- Report the accident: Notify your employer promptly within 30 days.
- Preserve evidence: Keep photographs, witness information, medical records, and details about defective equipment or unsafe conditions.
- Consult a burn injury lawyer: An attorney can investigate whether a third party bears responsibility and determine your available legal remedies.
- File the appropriate claim: California personal injury lawsuits generally have a two-year filing deadline, although exceptions and shorter deadlines may apply.
Consult a San Francisco Burn Injury Lawyer
The Regan Law Firm represents burn injury victims in claims involving workplace fires, explosions, electrical accidents, and chemical exposure. Our burn injury lawyers investigate responsibility and pursue compensation that reflects the full extent of your injuries.
Call us at 415-523-0403 to schedule a free consultation with our burn injury lawyer to evaluate your case.