Philadelphia Workplace Burn Injury Attorney

Burn injuries can lead to a prolonged period of recovery and rehabilitation. If you suffered a burn injury at work in Pennsylvania, you may be facing an extended (potentially permanent) absence from your job and immediate financial concerns. These challenges can take a significant mental and emotional toll. Fortunately, Pennsylvania’s workers’ compensation program can provide much-needed financial support while you receive burn injury treatment and pursue physical recovery.

However, actually accessing the workers’ comp benefits you’re entitled to can be a challenge on its own. You shouldn’t have to deal with this hassle while you’re trying to get better. Instead, turn to the team at The Levin Firm for support. An experienced Philadelphia workplace burn injury lawyer can review your case, prepare your workers’ comp claim, and pursue the full benefits you deserve. Contact our office right away to get started with a free consultation with one of our dedicated personal injury attorneys. 

How Common Are Workplace Burn Injuries in Philadelphia?

Workplace burns pose a serious occupational hazard in a variety of industries. One 10-year study estimated that U.S. emergency departments treated approximately 1.13 million nonfatal occupational burns between 1998 and 2007. Workers face elevated burn risks in industries, including the following:

• Construction and electrical work, where employees may encounter live wiring, electrical arcs, welding equipment, open flames, and hot materials
• Manufacturing, metalworking, and semiconductor production, where machinery, molten substances, steam, chemicals, and heated surfaces can cause thermal or chemical burns
• Restaurants and food service, where employees regularly face exposure to boiling liquids, hot grease, ovens, grills, and commercial fryers
• Healthcare, laboratories, and sanitation work, where employees may encounter sterilizing equipment, corrosive substances, hot instruments, or hazardous chemicals
• Utilities, oil and gas, transportation, and warehousing, where fires, explosions, fuel, batteries, and high-voltage equipment create additional hazards

Breakdowns in workplace safety practices can increase workers’ risk of sustaining severe burns. For example, an employer may allow damaged equipment to remain in use, provide little instruction on handling dangerous materials, fail to address known fire and electrical hazards, or push workers to complete tasks quickly without enough supervision or protective equipment. These types of conditions can cause burn incidents involving flames, chemicals, steam, electricity, or other sources of heat.

Can I Sue My Employer for a Burn Injury at Work?

After an accident on the job, you might wonder, “Can I sue for a burn injury at work in Pennsylvania?” It depends, but generally speaking, you can’t sue your employer. 

Workers’ compensation is typically the exclusive remedy for Pennsylvania workers injured in the course of their employment. This is true even if you can show your employer’s unsafe practices or poor supervision caused or contributed to the accident. Workers’ comp is a no-fault system, meaning you don’t have to prove your employer’s negligence caused you harm. It also means your employer can’t deny your benefits because you caused the accident yourself.

That said, there are limited situations in which it may be possible to file a separate claim against your employer. Different rules may apply if the employer failed to carry required workers’ compensation insurance or if the injury falls outside the scope of the Workers’ Compensation Act. However, these exceptions are narrow.

Even though you generally can’t sue your employer, you may have grounds to file a third-party burn injury claim against another party that caused or contributed to the incident. This can enable you to seek compensation for losses that the Pennsylvania Workers’ Compensation Act doesn’t address, such as full lost earnings, pain and suffering, and reduced quality of life. Filing a third-party claim generally doesn’t prevent you from receiving workers’ compensation benefits while your case proceeds in court.

A Philadelphia burn injury lawyer from The Levin Firm can investigate your case and seek to hold all responsible parties accountable for the severe injuries you have suffered. Call our law firm today to take advantage of a free case review. 

Who Else Could Be Responsible for Your Burn?

Sometimes, workplace burn injuries result from the actions or negligence of a party other than the injured worker and their employer. If this applies to your situation, you may be entitled to pursue a third-party claim against that party. Potentially liable third parties in a burn injury case may include the following:

• A general contractor or subcontractor who created an unsafe job site
• A property owner who failed to correct or warn workers about fire, electrical, or chemical hazards
• A manufacturer or distributor of defective machinery, protective equipment, batteries, or electrical components that caused electrical burns
• A maintenance company that improperly repaired or inspected equipment
• A utility company responsible for exposed power lines, gas leaks, or electrical hazards
• A delivery driver or motorist who caused a fire or explosion
• A chemical supplier that provided inadequate warnings or instructions

When you turn to The Levin Firm for legal representation after a workplace burn injury, a Philadelphia workplace burn injury attorney can thoroughly investigate the accident that injured you and identify all potentially liable parties.

Understanding the Degrees of a Burn Injury

Doctors classify burns by degree based on how deeply they damage the skin and the underlying tissue, as follows:

• First Degree – A first-degree burn affects only the outer layer of skin and may cause redness, tenderness, and mild swelling. These burns often heal without lasting damage.
• Second Degree – A second-degree burn extends into the skin’s deeper layers. It may lead to blisters, severe pain, swelling, and a wet or shiny appearance. Deep second-degree burns can require skin grafting and may leave permanent scars.
• Third Degree – A third-degree burn destroys the full thickness of the skin and may cause damage to nerves, fat, and other tissue. The affected area can appear white, brown, blackened, or leathery. If the burn causes nerve damage, the injury may initially feel numb rather than painful.
• Fourth Degree – A fourth-degree burn reaches beyond the skin to affect the muscles, tendons, or bones. These injuries can be life-threatening and may require multiple surgeries, amputation, and prolonged rehabilitation.

The degree classification of a burn doesn’t always reflect the injury’s full impact. The burn injury’s location, size, and infection risk, as well as the worker’s overall health, can heavily determine their recovery process and prognosis. Burns that affect the face, hands, joints, or airway can be especially disabling for burn injury victims. 

Beyond Workers’ Comp: Compensation for Scarring and Disfigurement

Burns are relatively unique among workplace injuries in that they can cause severe scarring and disfigurement that might permanently alter your appearance. The emotional and psychological effects of these types of harm can be deep and long-lasting.

While Pennsylvania’s workers’ comp system doesn’t provide benefits for pain and suffering, it does account for the potential impact of scarring and disfigurement when a workplace burn causes serious and permanent disfigurement of the head, face, or neck. To qualify, the scar or visible change must create an unsightly appearance and cannot be a condition normally associated with your occupation. Workers’ compensation disfigurement benefits in Pennsylvania are calculated at two-thirds of your average weekly wage, subject to statewide limits, and may continue for up to 275 weeks.

What You Need to Prove in a Third-Party Burn Claim

When filing a third-party burn injury claim, you need evidence that shows someone other than your employer bears legal responsibility for your injuries. 

For a negligence-based claim, you’ll have to show that the other party owed you a duty of care to avoid harming you, violated that duty, directly caused or contributed to the accident, and left you with measurable losses as a result. 

For a product liability claim, you’ll need to prove that a design, manufacturing, or warning defect affected the performance of a piece of equipment or protective gear and caused your burn injuries.

Proving any type of third-party claim requires strong evidence connecting the third party to your injury and the losses you’ve experienced as a result. Some of the types of evidence your Philadelphia workplace burn injury lawyer might gather for your claim include the following:

• Photographs
• Surveillance footage
• Inspection records
• Witness statements
• Safety reports
• Medical documentation
• Expert analysis

How Long Do You Have to File a Claim?

The deadline to file your claim will depend on the type of claim in question. 

Pennsylvania law requires you to notify your employer within 21 days of the accident to protect your right to retroactive workers’ comp benefits. Waiting longer than 120 days could prevent you from accessing your benefits unless your employer was already aware of the accident. Third-party lawsuits, meanwhile, are subject to a two-year deadline under state law. 

In all cases, reaching out to an attorney as soon as possible to prepare and file your claim can help protect your rights and ensure you have access to the strongest evidence.

Talk to a Philadelphia Workplace Burn Injury Attorney Today

If you’re facing the aftermath of a burn injury at work in Pennsylvania, a Philadelphia workplace burn injury attorney from The Levin Firm can help you understand your legal rights and options and fight for the benefits and compensation you deserve. We’ve served injured workers for over 20 years and take pride in providing outstanding representation to all our clients. 

To learn more about how our firm can assist you after a burn injury on the job, reach out to our office today to arrange a free case evaluation with a burn injury lawyer.