The State of California has the largest population in the United States, with over 39 million people. California leads Texas by more than 8 million residents. California is 3rd of the 50 states in total land area. It should not surprise anyone to learn that California also leads the nation in the number of firefighters, with over 33,000 of them in cities, counties, and working statewide for Cal Fire. California has the most significant number of commercial kitchens, with 85,000 restaurants with more than 27,000 chefs and head cooks, 11,000 bakeries with over 22,000 bakers. If you add in welders and employees who work in a foundry, you realize that there are a great many people who work in close proximity to dangerous levels of heat quite often. All of these employees who could suffer a burn injury at work begs the question, what is the average value of a burn injury worker’s comp case?
If you have been injured at work by some kind of burn, it can be a very unpleasant experience. While dealing with this injury, you are going to find yourself dealing in some way with the State of California worker’s compensation insurance program. Like any insurance program, the worker’s comp system is going to work with you to understand your injuries and the impact of the accident. There is an expectation that they will act in your best interest, as they are not beholden to the company paying the costs of the insurance in the same way that private insurance will be.
What many people may not understand is that they still need to conduct business in a similar manner, with a focus on limiting their costs for your benefits as much as they can. If you have a burn injury worker’s compensation case and are trying to understand what value it might have, and you need legal assistance in dealing with worker’s compensation, please contact Normandie Law Firm. We specialize in worker’s compensation cases and are highly experienced in helping our clients address their needs.
Initial contact with Normandie Law Firm is going to provide you with some information on what options you have, and help us understand what your needs are. You will be speaking with someone with real legal experience immediately. If we cannot answer your questions, we will set up a free initial consultation with a Normandie Law Firm burn injury worker’s compensation case lawyer experienced in matters like yours. In that meeting, the lawyer will collect the crucial facts that will allow them to fully assess the incident. The first step is to determine the merits of your claim and anticipate any challenges that lie in front of you. Normandie Law Firm brings decades of combined experience and successful negotiations with worker’s compensation insurance teams. This results in a quicker resolution if you encounter issues.
Please reach out to our legal team at Normandie Law Firm today so that we can discuss your injuries and the issues you are going through. You should know that no matter what decision is made after your free consultation, you have no obligation to hire Normandie Law Firm to represent you in any role. A critical point you should understand is that there is a time limit regarding the time you have to file a claim for your injuries.
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What Is The Time Limit To File A Claim For A Burn Injury In California?
You have 30 days to file a claim with worker’s compensation if you get injured at work. The time starts the day of the accident. If the time limit does expire before you file a claim, worker’s compensation will not accept the claim. There are very few exceptions made to the 30 day time limit. If you are approaching the time limit, please contact Normandie Law Firm as soon as possible. One exception to that 30 day time limit are injuries resulting from cumulative trauma.
Cumulative Trauma For A Burn Injury
Cumulative trauma as a cause is defined as any injury that happens as a direct result of repeated activity over time. Burn related injuries and cumulative trauma as a cause are not common. One example, though, is that repeated exposure to dangerous levels of heat can sometimes cause severe nerve damage. If you get diagnosed with an injury that doctors confirm is from cumulative trauma, you are still able to file a claim under worker’s compensation even though the start of the exposure happened more than 30 days ago. The time limit for this type of injury with worker’s compensation in the State of California is one year, and it begins on the date of the first day of work you missed that can be related to the injury.
What Are The Types Of Workplace Burn Injuries and Hazards
Using statistical analysis, there are quite a few jobs and roles that might result in burn injuries based on the hazards, the opportunities, and the frequency with which the employee might encounter them. No matter what the job or frequency might be, the math shows that people doing dangerous work are more prone to be hurt than other employees who sit in an office. The different types of injuries that Normandie Law Firm shows range from minor to life-changing. The common injuries and hazards are:
Minor 1st degree burns by touching or brushing against hot cooking surfaces like a grill or oven in a restaurant kitchen
Medium-sized 1st and 2nd degree burns across portions of your limbs, largely caused by short exposures to a very high heat source like an open fire or cooking surfaces that are very hot and are not easy to evade. An example would be falling into a BBQ pit and being unable to quickly climb up and out
Serious 2nd and 3rd degree burns over parts of the body due to longer periods of contact with high temperature sources, such as a foundry furnace or a fire involving high temperature fuels like kerosene, or from a chemical plant
3rd degree burns over large portions of the body due to being surrounded or immersed in fire or a burning material, like poured molten metal in a foundry or an airplane fire
The severe burns and resulting costs are not common, but they can occur, and companies spend a lot of time and money focused on both prevention and the appropriate response if they do happen. The simple fact is that the chance of those types of injuries and kinds of hazards being encountered and experienced by anyone who deals with heat and fire regularly is always present.
Are Burn Injuries Always Covered By Worker’s Compensation In California?
If you are burned in any manner while at work and doing your job, you should expect that your injury is going to be covered by the California worker’s compensation program. There are some exceptions to the general rule of being covered at work for any kind of injury. They have more to do with the employee and actions happening prior to the accident than any particular kind of injury suffered. Two examples of this are if an employee is under the influence or is ultimately responsible for the cause of the hazard that they are injured in, worker’s comp is unlikely to cover anything claimed.
What Is The Average Value Of A Burn Injury Worker’s Comp Case?
Statistics that have been gathered across the nation show the burn injury dollar value averages $63,000, with approximately 70% of that going to medical expenses, and the remaining 30% is for the costs of indemnity benefits, including lost wages and disability payments for each incident and injury.
Below is a list of key benefits that are part of the worker’s compensation insurance if you experience a burn injury in California. They impact the value of each case based on what is provided.
- A dollar amount not to exceed 1 million dollars per incident for covering any medical care needed, which includes any hospitalization or emergency room treatment and stays, all services by a specialist like a skin graft or surgery, the costs of prescriptions and over the counter drugs or items, physical therapy, and the rental price of devices such as canes, crutches, braces, or wheelchairs
- If the employee is not able to return to work until they are recovered, they can receive up to 66% of their regular weekly income
- Long-term disability from injuries, where the program offers temporary long-term disability payments
The average costs are driven by medical treatment prices, and burn injuries are the 2nd most common type of injury that is filed for with worker’s compensation across the nation. The list of costs that figure into the claim value includes:
- Present and future medical treatment costs of the burn injuries you suffered in the incident
- Full replacement costs of your personal property damaged or lost
- Any lost income if your injuries stopped you from working until you were healed and cleared to return to work by your doctors
Can I Sue My Company For Damages After My Worker’s Comp Case Is Over?
Once you file and collect on a worker’s comp case, you cannot sue your employer for additional damages for being injured. The court system considers worker’s compensation to be an exclusive remedy for covering workplace injuries. One exception to that rule is if the employer can be judged responsible for contributing to, or the creation of, the hazard and the injuries that come from it. If you believe this has happened, you need to discuss this and the supporting facts as soon as you can with your Normandie Law Firm attorney as soon as you can. If it can be proven, it introduces the potential to legally sue the company for gross negligence. The legal definition of gross negligence is willful misconduct or reckless disregard for the safety of others. A lawsuit can be filed independent of the worker’s compensation claim for damages.
Upfront Costs For Hiring Normandie Law Firm
When you hire our team at Normandie Law Firm, we will not ask you to pay any upfront legal fees and expenses. We are here to get you the help you need to deal with worker’s compensation and your employer. We will bill you after we get the case settled, and if we do not win your case, we will not bill you for our services. Please call the team at Normandie Law Firm day or night if you need help with your burn injury worker’s comp case.
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