What Are My Options if I Sustain a Burn Injury at Work?

Burn injuries at work can be physically devastating, emotionally traumatic, and financially overwhelming. Whether you work in a kitchen, a factory, a laboratory, or on a construction site, the risk of sustaining a burn injury on the job is very real. These injuries range in severity from mild first-degree burns to life-threatening third-degree burns and can result from a variety of causes — hot surfaces, electrical faults, chemical exposure, or even explosions.

If you or a loved one has suffered a burn injury at work, you may be wondering what your options are. Can you file a workers' compensation claim? Can you sue your employer or a third party? What kinds of compensation are available to help you cover your medical bills, lost wages, and long-term rehabilitation?

In this article, we’ll walk you through everything you need to know about burn injuries in the workplace and your legal options for seeking justice and financial recovery.

First Things to Know: Burn Injuries and Their Causes

Burn injuries are categorized based on severity:

• First-degree burns affect only the outer layer of the skin (epidermis), causing redness and minor pain.
• Second-degree burns penetrate deeper into the dermis and often cause blisters, swelling, and significant pain.
• Third-degree burns destroy both the outer and inner layers of skin and may extend to underlying tissues, resulting in nerve damage, scarring, and disfigurement.
  
   

Burns at work can occur due to:

• Thermal burns from hot surfaces, steam, open flames, or scalding liquids
• Electrical burns from faulty wiring or contact with live currents
• Chemical burns from hazardous substances like acids or alkalis
• Radiation burns from prolonged exposure to UV rays or other radiation sources
• Friction burns caused by abrasive contact, often seen in machinery-related accidents
  
   

Immediate Steps to Take After a Burn Injury at Work

If you sustain a burn injury while on the job, your first priority should be your health and safety. Here are the immediate steps to take:

• Get Medical Attention Immediately: Even minor burns can become infected or lead to complications. Severe burns require emergency care, sometimes including hospitalization or skin grafts.
• Report the Injury to Your Employer: Notify your supervisor or HR department as soon as possible. Most states require prompt reporting to remain eligible for workers’ compensation.
• Document Everything: Take photos of the injury, the location of the accident, and any equipment or substances involved. Obtain witness statements if possible.
• Follow All Medical Advice: Adhering to your treatment plan helps with both recovery and strengthening your legal claim.
  
   

Option 1: Filing a Workers' Compensation Claim

In most cases, the first legal avenue for a burn injury at work is through workers’ compensation.

Workers' compensation is a form of insurance that provides medical benefits, partial wage replacement, and disability benefits to employees who are injured on the job. In exchange, workers typically waive the right to sue their employer directly for negligence.

Workers’ comp offers a variety of benefits, including:

• Medical treatment costs
• Rehabilitation services
• Temporary disability benefits (usually a percentage of your average weekly wages)
• Permanent disability benefits, if the burn leads to long-term impairment
• Vocational retraining, if you're unable to return to your former position

However, workers’ comp is not without its limitations. For instance, you usually cannot sue your employer for additional damages (like pain and suffering) if you're receiving workers’ comp. Also, some employers or insurers may dispute your claim, deny treatment, or offer inadequate compensation, which is why legal representation matters.

 

Option 2: Filing a Third-Party Personal Injury Lawsuit

If someone other than your employer was responsible for your injury, such as a subcontractor, equipment manufacturer, or property owner, you may be able to file a third-party personal injury lawsuit in addition to collecting workers’ compensation.

Common scenarios that may qualify can include:

• Defective equipment that caught fire or exploded
• Improperly labeled chemicals from a supplier
• Unsafe premises managed by someone other than your employer
• Negligent actions of a third-party contractor

The advantages of a third party claim are that you can seek full compensation (including pain and suffering, emotional distress, and more) and, unlike workers' comp, these damages are not capped or limited by statute.

You can often pursue both a third-party lawsuit and workers’ comp simultaneously, though you may be required to reimburse workers’ comp if you recover damages from a third party. An experienced attorney can coordinate your claims to maximize your recovery.

Option 3: Suing for Gross Negligence or Employer Misconduct

In rare cases, you may be able to sue your employer directly, especially if:

• They deliberately violated safety regulations
• They failed to provide required protective gear
• They intentionally created a hazardous situation

These cases often involve gross negligence or willful misconduct, which can allow you to bypass the workers’ comp exclusivity rule.

For example, if an employer forced workers to use malfunctioning machinery known to spark fires or exposed employees to dangerous chemicals without training or protective equipment, this may rise to the level of gross negligence.

Option 4: Pursuing a Product Liability Claim

If a defective product contributed to your burn injury, such as a faulty appliance, malfunctioning industrial equipment, or a defective safety device, you may be able to sue the manufacturer or distributor under product liability law.

There are typically three types of product defects:

• Design defects: The product was inherently unsafe due to poor design
• Manufacturing defects: An error during production made the product unsafe
• Failure to warn: The product lacked adequate instructions or warnings

Product liability cases can lead to substantial compensation, especially if the manufacturer acted with reckless disregard for consumer safety.

How Morgan & Morgan Can Help

Burn injuries are among the most painful and life-altering injuries a person can endure, and unfortunately, navigating a burn injury case is complex. You’ll be facing employers, insurance companies, and possibly large manufacturers or contractors, all of whom have legal teams working to limit their liability.

At Morgan & Morgan, we believe that injured workers deserve more than just medical care. They deserve respect, dignity, and compensation for the harm they’ve suffered. We’ve recovered billions for clients and have experience handling both workers’ compensation and burn injury litigation nationwide.

If you’ve sustained a burn injury at work, contact Morgan & Morgan for a free, no-obligation case evaluation. Our experienced attorneys can assess your case, explain your rights, and guide you through the best course of action.