How Much is My Burn Claim Worth?

 

Learn How to Increase the Value of Your Workers Compensation Burn Injury Settlement

 

The workplace is a significant source of burn injuries requiring hospitalization and skin grafting and even causing death, with studies estimating that 10% to 45% of all burns happen at work. Indeed, burns account for roughly five percent of all occupational injuries.

 

This article’s purpose is to help burn injury victims understand their options under workers comp and tort law. No matter the type of burn injury – thermal, chemical, electrical, contact, radiation, or scalding from hot liquids – this information will help you negotiate a fair workers compensation settlement for your burn injury. 

 

Keep reading to learn more about workplace-related burns and available legal remedies. 

 

Then call me for a free consultation: (804) 251-1620 or (757) 810-5614. I represent burn injury victims in workers comp, auto accident, and negligence claims across Virginia and the Mid-Atlantic region. And I want to help you and your family. 

 

 

What is a Thermal Burn Injury?

 

A thermal burn is what many people think of when they hear the word “burn.”

 

Thermal burns are skin injuries caused by heat. These injuries occur when energy is transferred from a heat source to the body, causing a temperature increase in the skin and other tissues. When the tissue temperatures get too high, irreversible cellular injury occurs. 

 

The temperature of the heat source determines how quickly you suffer a thermal burn. Experiments have indicated that full-thickness skin and tissue destruction occurs in seconds when your body temperature reaches 44 degrees Celsius (111 degrees Fahrenheit) or higher.

 

Common causes of thermal burn injuries include heat from fire (flame), steam, scalds from hot liquids such as boiling water or grease, soldering tools, electricity, or hot surfaces. In addition, both assaults and accidents (industrial, motor vehicle, etc.) can cause heat exposure. 

 

Thermal burns are the most common type of burn injury, making up the overwhelming majority of burn center admissions. Burns from fire or flame account for 43% of entries, with another 34% coming from scalds.

 

How Common is a Burn Injury?

 

According to statistics from the American Burn Association (ABA), U.S. Fire Administration, and other studies, each year:

 

• There are more than 100,000 nonresidential building fires, many resulting from cooking, carelessness, electrical malfunction, heating, open flame, the incorrect operation of equipment, and equipment failure.

 

• Burns cause more than two million injuries

 

• More than 450,000 people sustain burn injuries requiring medical treatment

 

• More than 3,500 people die from fire or smoke inhalation

 

• One civilian fire death happens every 2 hours 35 minutes

 

• There are more than 30,000 hospitalizations related to burn injury, including treatment at specialized hospital burn centers

 

Statistically, you are at a greater risk for an occupational thermal burn injury if:

 

• You are a male. However, one study found evidence that female patients suffering a thermal burn injury have an increased risk of death.  

 

• You are under the age of 30 (young adults ages 20 to 29 are 1.5 times more likely to sustain a burn injury compared to the general population and children under five are more than twice as likely as the general population to require emergency medical care for a burn injury)

 

• Your job involves food preparation (scalds from hot grease and water are common in restaurants and among flight attendants), roofing (tar burns), automobile maintenance, manufacturing (explosions often result in burn injuries), welding, firefighting, construction, military combat (warfare), or janitorial work. Burn injuries are less common among sales workers, service professionals, and administrative employees. 

 

What is the Average Workers Compensation Settlement Amount for Burn Injuries?

 

The average workers comp settlement for a burn injury is: 

 

• $150,000 to $275,000 or more for second or third-degree burns resulting in permanent disability, significant scarring or disfigurement, hospitalization, skin grafting, and other medical complications

 

• $35,000 to $150,000 for a second-degree burn requiring treatment with a specialized burn center and temporary disability from work resulting in your ability to find gainful employment close to your pre-injury earnings

 

• $5,000 to $35,000 for a minor burn resulting in less than one month of disability, some scarring, and up to six months of medical care. Most work-related burn injuries fall within this category because they require only outpatient care and heal within a few weeks.

 

You can compare my estimates for settlements for work-related burn injuries to the National Safety Council’s (NSC’s) data. 

 

According to the NSC, the average workers compensation cost for a burn injury claim is $48,295 ($35,018 for medical expenses and $13,277 in indemnity benefits). 

 

What Factors Affect the Workers Comp Settlement Value for a Burn Injury? 

 

You should evaluate several factors before making a settlement demand for your burn injury or accepting an offer from the insurer or third-party claim administrator (Sedgwick, Corvel, ESIS, Gallagher Bassett, Virginia Risk Sharing Association (VRSA/VML), VACORP, etc.)  

 

These factors include:

 

Burn Severity: Understanding the Classification of Burn Damage

 

The medical community has developed multiple systems to measure a burn’s depth and size, determine the extent of tissue damage it caused, and decide the best treatment options. 

 

Classification by Depth: What are the Four Types of Burns? 

 

One burn classification system divides burn injuries into four types: first-, second-, third-, or fourth degree depending on the skin layers damaged by the heat. 

 

First Degree Burn (Superficial or Partial-Thickness Burns)

 

A first-degree burn is a superficial (shallow) wound that affects the epidermis (the skin’s top layer).

 

Usually, a first-degree burn appears pink or light red, and touching the area causes pain. A sunburn is an example of a first-degree burn. 

 

First-degree burns may result in swelling but usually have no blisters. 

 

Typical treatment includes bandages, cold compresses, and covering the affected burn area. Usually, it takes three to fourteen days for a first-degree burn to heal, with limited scarring or changes in skin pigmentation.

 

Second Degree Burn (Partial-Thickness Burn)

 

A second-degree burn is similar to a first-degree burn but penetrates deeper. It destroys the epidermis and damages the dermis (the layer below the epidermis). 

 

Second-degree burns appear bright pink and usually result in blisters. In addition, you will have severe pain when the area is touched. 

 

Common causes of second-degree burns include scalds or contact with hot objects. 

 

Second-degree burns involving the upper third of the dermis usually heal within two to four weeks and do not require skin grafting or result in significant scarring unless you suffer an infection at the same time. 

 

However, deep second-degree burns impacting all three dermis layers can take much longer to heal and often cause a scar that itches and is hypersensitive. Depending on where the scar forms, you may have a limited range of motion and function with that body part. 

 

Third Degree Burn (Full-Thickness Burn) 

 

A third-degree burn destroys the epidermis and dermis and often impacts the fat and subcutaneous tissue as well. 

 

However, third-degree burns are often painless at first because they destroy the nerve endings and sweat glands. 

 

A third-degree burn appears dry and white and may even look leathery. In addition, the affected skin will be lower than the surrounding tissue because of the damage. 

 

Common causes of third-degree burns include flames, chemicals, electricity, flashes, or prolonged contact with hot objects and substances. 

 

The healing process for a third-degree burn takes time. You will likely require skin grafting to treat your third-degree burn, and scarring susceptible to breakdown is common. As a result, extended hospital stays may be necessary. 

 

Further, you will likely have permanent restrictions and be unable to return to your pre-injury job when you reach maximum medical improvement (MMI).

 

Fourth Degree Burn

 

Some doctors and scientists use another category – fourth-degree burns – to describe specific injuries. 

 

A fourth-degree burn damages the subcutaneous tissue under the bottom layer of skin and may harm other tissues such as muscle and bone. 

 

Fourth-degree burns are more likely to result in complications such as infections. They do not heal entirely. 

 

Common causes of fourth-degree burns include molten metals and electrical burns.

 

The Rule of Nines to Determine the Total Body Surface Area (TBSA) Affected by the Burn

 

The Rule of Nines (also called the Wallace Rule of Nines) is a diagnostic tool used by emergency medical providers to estimate the total body surface area the burn covers (“TBSA”). 

 

The Rule of Nines assigns percentages to different body areas in adults:

 

• The upper extremities (arms) total 18% (9% for each arm)

 

• The lower extremities (legs) total 36% (18% for each leg)

 

• The head is estimated as 9%

 

• The entire trunk totals 36% (9% for the chest, 9% for the abdomen, and 18% for the back)

 

• The groin and neck each receive 1%

 

Critics of the Rule of Nines state that it is inaccurate when the patient is obese and overestimates the TBSA. However, it provides reasonable estimates and valuable information when initially diagnosis a burn patient.

 

American Burn Association Burn Severity Grading System: Classification by Body Area

 

The American Burn Association (ABA) has published a classification of burn injuries to help medical providers recommend treatment in a specialized burn care facility.

 

Treatment at a burn center is usually recommended when a person suffers a major or moderate burn injury (under the grading system).

 

The ABA classification depends on the TBSA affected by the burn. You can learn more about this burn grading system here.

 

The ABA classification for adults is:

 

Major Burn Injuries

 

A major burn injury involves:

 

• A partial-thickness burn covering more than twenty-five percent of your total body surface area

 

• A full-thickness burn over more than ten percent of your total body surface area

 

• A deep burn to your hands, feet, eyes, ears, face, or genitalia

 

• An electrical burn

 

• A burn with other medical complications such as fractures, amputation, concussion, neck or back injury damaging the spine, or other trauma

 

• A burn affecting an elderly person or a patient with other medical conditions such as diabetes, kidney disease, or heart disease

 

Moderate Burn Injuries 

 

A moderate burn injury is:

 

• A partial-thickness burn impacting ten percent to twenty-five percent of your total body surface area

 

• A full-thickness burn that does not involve the hands, face, eyes, ears, feet, or perineum

 

• A full-thickness burn over two to ten percent of your total body surface area

 

• A burn accompanied by a suspected inhalation injury

 

Minor (Limited) Burn Injuries

 

A minor burn injury (also called a limited burn injury) is:

 

• A partial-thickness burn affecting less than ten percent of your total body surface area

 

• A full-thickness burn over less than two percent of your total body surface area not involving your eyes, face, ears, or genitalia  

 

Baux Score to Predict Mortality from Burns

 

The Baux score helps medical providers determine the chance of death (mortality) from burns. It also helps determine the likely length of hospitalization for the burn injury. 

 

A patient’s Baux score equals the percent of the total body surface area burned plus their age plus 17 if they sustained an inhalation injury. 

 

A Baux score of 130 to 140 indicates a high likelihood of death from the burn injury. 

 

Other Injuries Accompanying the Burn Injury

 

Burn victims often suffer other traumatic injuries during the initial workplace accident.

 

For example, an explosion or motor vehicle crash causing burns may also result in a herniated disc (or aggravation of degenerative disc disease or arthritis), resulting in the need for a discectomy or spinal fusion.

 

Your burn injury settlement should include monies for wage loss, permanent disability, and medical care for these other injuries.

 

Complications from Your Burn Injuries (including Psychological Conditions)

 

Trauma and severe burns can quickly develop into secondary problems that are life-threatening.

 

These secondary conditions include organ failure, respiratory failure from a compromised airway, hemodynamic instability (abnormal or unstable blood pressure), or sepsis (the body’s extreme response to an infection).

 

Further, burn injuries can be horrible and painful and impact your self-esteem. In turn, this results in post-traumatic stress disorder, depression, and anxiety. Workers comp covers these difficulties.

 

The more severe your complications, the more money you will require for time missed from work and future medical expenses.

 

Occupation

 

The more physical your pre-injury job, the greater the likelihood you will be unable to return to it after a burn injury.

 

The possibility you will have to switch careers increases the settlement value.

 

How Much Money You Earned Before You Were Burned

 

Fair or not, the amount of money you make when burned determines how much you receive for many workers comp benefits.

 

The more money you made before the burn injury, the greater the settlement value.

 

Whether Your Treating Physician is Supportive

 

Even if the insurer accepts your workplace burn injury as compensable, disputes may arise during your recovery.

 

For example, the insurer may deny specific medical treatment for the burns or allege that you have can return to work without restrictions based on a report from an Independent Medical Exam (IME) doctor it paid to evaluate you.

 

In these situations, you may have to submit a change-in-condition application. And to win the application, you will need supportive opinions from your treating doctor on causation and disability (work status).

 

The more supportive your treating physician, the more valuable your burn injury claim.

 

What Future Medical Care Do You Need?

 

Many workers compensation settlements include a cash buyout of future medical care, meaning you are responsible for medical expenses after the court approves the settlement.

 

Your burn case has more value if you continue to have significant medical needs.

 

Do You Have Permanent Restrictions Due to the Burns and, If So, Can Your Employer Accommodate These Restrictions?

 

Your burn injury claim is worth more money if your pre-injury employer cannot accommodate your restrictions.

 

Will You Have to Resign to Settle?

 

Employers and insurers often require an injured worker to resign to settle the case.

 

If the defendants ask you to resign and release the employer from labor and employment law claims, ask for more money.

 

What Workers Comp Benefits Can I Receive for a Burn Injury?

 

You can pursue and receive different types of workers comp benefits while negotiating a burn injury settlement.

 

Sometimes the employer and its insurer will agree to a Workers Comp Award Order (Letter) without litigation. However, some of you will need to take advantage of the workers comp discovery process (interrogatories, requests for production, depositions, causation and disability letters from doctors, etc.) and present your case at trial to get cash and medical benefits. (Learn what questions you can expect at a workers comp hearing here).

 

Available benefits include:

 

Lifetime Medical Treatment for Burns

 

Healing burn injuries is expensive, particularly if you suffer a second or third-degree burn that requires hospitalization or transfer to a burn center. 

 

Local burn centers include: 

 

• VCU Evans-Haynes Burn Center in Richmond

 

• MedStar Washington Hospital Center – The Burn Center

 

• North Carolina Jaycee Burn Center in Chapel Hill

 

• Wake Forest University Baptist Burn Center in Winston-Salem

 

• Johns Hopkins Adult Burn Center in Baltimore

 

Various data indicate that burn injury victims require one to two days in the hospital for each percentage of their body burned. Therefore, it is easy to see how a third-degree burn can result in medical bills totaling $100,000 to $1,000,000.00 or more (one study found a third-degree burn injury required more than 75 days in the hospital). 

 

In addition to the initial (and subsequent) hospitalizations, a workers comp award should cover these treatments for burn injuries:

 

• Supplemental oxygen if the burn injuries disrupted the airway and circulation

 

• Intravenous fluids (IVs) to replace fluid lost in the burn injury

 

• Dressings for the wounds (saline, antibiotic cremes, gauze, etc.)

 

• Operations such as escharotomies (cutting the hard top layer – the part that appears leathery- of the burn), fasciotomies (opens the supportive tissues around the burn), and debridements (removing skin layers)

 

• Skin grafts (Harvesting skin from another area of the body or a cadaver to place on the burn area)

 

• Reconstructive surgery by a plastic surgeon

 

• Physical therapy

 

• Pain medication and other prescription drugs

 

• Psychological treatment for conditions such as PTSD and depression that often follow severe burns

 

Further, you can receive medical care free of charge for complications of burn injury. Under the compensable consequence doctrine, the insurer is responsible for conditions that naturally flow from the initial injury. 

 

Wage Loss Benefits for Burns

 

Depending on your medical restrictions following the burn injury and your employer’s ability (or inability) to accommodate light-duty, you may receive:

 

Temporary Total Disability (TTD) Benefits

 

A second or third-degree burn may require extensive medical care and lost time from work. Indeed you may never return to your pre-injury job if the burn causes damage to your nerves, bone, or muscle. 

 

You may be entitled to wage loss benefits payable at 2/3 of your pre-injury average weekly wage when this happens. However, you may have to prove that you performed a good faith job search before the commission awards this income replacement. 

 

Temporary Partial Disability (TPD) Benefits 

 

Your doctor may limit you to light-duty work because of your burn injury. 

 

For example, I have represented many injured employees who received lifting, reaching, and walking restrictions after a period of total disability due to their burns. 

 

If you return to light-duty work but make less money because of restrictions related to your burn injury, you may be entitled to TPD benefits. These benefits are payable at 2/3 of the difference between your pre-and post-injury wages.

 

Calculating Permanent Loss and Disability for Burn Injuries

 

Workers comp allows for the payment of permanent partial disability (PPD) benefits in some situations. 

 

Those who sustained burns will have to decide whether you want to pursue compensation for permanent loss of use of the body part affected by the burn or payment for disfigurement or scarring. But not both. 

 

For example, you can either ask the deputy commissioner (judge) assigned to your case to view your scars and determine how much you should receive for the disfigurement. Or you can obtain a permanent impairment rating for the body part burned, then use that to seek PPD benefits. 

 

In most cases, you will benefit from obtaining an impairment rating and seeking permanency benefits for the burn injury that way. This is because the impairment rating takes into account decreased range of motion from the burns and pain. 

 

Vocational Rehabilitation Benefits

 

If your burn injury results in permanent restrictions – either because of physical pain and limited range of motion or because of mental health problems resulting from the burn injury – you may qualify for vocational retraining to re-enter the workforce. 

 

But make sure you speak with an attorney before asking for vocational rehabilitation. Often employer-provided job training services are used to file an employer’s application to suspend your wage loss benefits.

 

Death Benefits for Burn Injury

 

Unfortunately, an occupational burn injury can result in death, with flame and electrical burns having the highest mortality risk.

 

Persons who are financially dependent on the deceased worker may qualify for death benefits under workers comp.

 

Common dependents include the spouse and children of the burn victim but may extend to fiancees and dependent parents.

 

Can I File a Lawsuit (Civil Action) if I Get Burned at Work? 

 

Workers comp is the sole legal remedy against your employer for most job-related injuries and occupational diseases. Therefore, many of you will be limited to these benefits for a work-related burn injury. 

 

However, some of you will have a viable lawsuit in federal or state court depending on what caused the burn and who is to blame for the heat source or position you were in. This lawsuit – called a third-party action – is in addition to workers comp benefits you may receive. 

 

Generally, recovering workers comp benefits for a burn injury is easier than winning a personal injury lawsuit. This is because workers comp laws provide cash and medical payments even if your negligence caused the burn injury. You can recover even if you were at fault for the workplace accident.

 

By contrast, you must prove that the other party’s negligence or intentional act caused your burns under personal injury law.

 

Typical situations where a third party may be to blame for your burns include:

 

• While driving on the job, a negligent driver strikes your vehicle and causes a fire that burns you.

 

• The equipment or machinery you use to complete a job task is defective, resulting in a thermal or electrical burn. This includes personal protective equipment and gear that does not work properly. In this situation you may have a product liability claim. 

 

• You work on a construction site with multiple employers present, and an employee working for the general contractor, a vendor, or a subcontractor causes an accident resulting in burns. 

 

• The contractor that services equipment where you work fails to maintain it properly, resulting in it breaking down and exposing you to heat that burns you. 

 

• The manufacturer of hazardous chemicals and materials you used failed to place warning signs stating the items were combustible or could burn you, or did not include proper instructions to prevent thermal burns.

 

Though proving negligence under a third-party claim may be more complicated than receiving workers comp, you should still ask an attorney if you have a viable personal injury action. 

 

Generally, you can recover more monetary damages through a personal injury claim because that type of legal action allows you to recover money for physical pain and suffering and does not cap the amount of wage loss benefits you can receive. However, collecting a verdict may be more challenging if the defendant does not have adequate resources, assets, or insurance coverage.  

 

Even better – you can pursue a personal injury action while receiving workers comp benefits. However, you must negotiate the workers comp lien when settling the third-party burn injury claim. Otherwise, you may forfeit tens of thousands of dollars in work comp benefits. 

 

Other Legal Options After a Workplace Burn Injury

 

Suppose you miss more than six weeks of work because of your burn injury. In that case, you may receive long-term disability benefits under either a private disability insurance policy or an ERISA LTD policy funded by your employer. An experienced attorney can help you navigate the relationship between long-term disability and workers comp benefits.

 

Those of you who cannot return to work without restrictions for one year or more may also qualify for Social Security Disability benefits while receiving workers comp. The older you are when injured and the more physical your pre-injury job is, the more likely that the Social Security Administration will approve your SSDI claim.

 

Why Should I Hire a Burn Injury Lawyer? Our Knowledge, Skill, and Experience Can Help You Get the Medical Coverage You Need and Put More Money in Your Pocket

 

Though they often occur – too often – severe burns are serious injuries that may require significant medical care and result in temporary or permanent disability. 

 

My injury law firm has a track record of success when it comes to resolving burn cases. And we can use our knowledge and skill to work with your medical professionals and other witnesses to increase your burn injury settlement value. 

 

Call now if you suffered a second or third-degree burn at work or because of someone else’s negligence: (804) 251-1620 or (757) 810-5614. We will help you determine if you have a viable case and explain the next steps after the burn injury.