Workers’ Compensation for Burn Injuries

A severe burn injury is one of the most devastating events that can happen in the workplace. The pain is immediate and intense, and the path to recovery is often long, difficult, and profoundly expensive. One moment, you are performing your job in a restaurant kitchen, on a construction site, or in a Mobile industrial plant; the next, you are facing a medical emergency that can lead to permanent scarring, disfigurement, and disability.

When such a catastrophic injury happens on the job in Alabama, the physical and emotional trauma is quickly followed by pressing financial fears. How will I pay for the hospital bills? What about the multiple surgeries? How will I support my family while I am out of work? This is where Alabama’s workers’ compensation system is designed to step in.

Are Burn Injuries Covered By Alabama Workers’ Compensation?

Yes. If you sustain a burn injury while performing your job duties, it is almost always covered by workers’ compensation in Alabama.

Alabama’s system operates on a “no-fault” basis. This means you do not have to prove that your employer was negligent or did something wrong to cause your burn. Even if the accident was partially your fault (with some exceptions), you are still entitled to benefits.

The key legal test is whether the injury “arises out of and in the course of” your employment.

• In the Course of Employment: This refers to the time and place of the injury. Were you on the clock and at your place of work (or another location your job required you to be)?
• Arising Out of Employment: This refers to the cause. Was the burn related to a risk or hazard associated with your job?

If you are a welder who suffers an arc flash burn, a chef who is scalded by hot oil, or a factory worker who comes into contact with a caustic chemical, your injury clearly meets this test.

What Are the Common Types of Burn Injuries in the Workplace?

Workplace burn injuries are not all the same. The source of the burn dictates the type of injury and often the specific medical treatment required.

• Thermal Burns: These are the most common type, caused by contact with a heat source. This includes open flames, steam, scalding liquids (like water or grease), or contact with hot surfaces like machinery, pipes, or kitchen equipment.
• Chemical Burns: These occur when the skin or eyes come into contact with a strong acid, alkali (base), or other caustic substance. These are common risks for workers in manufacturing, cleaning, and industrial settings.
• Electrical Burns: These injuries happen when a person comes into contact with a live electrical current. The electricity passes through the body, causing severe damage not only to the skin but also to underlying tissues, nerves, and organs.
• Radiation Burns: These are caused by exposure to radiation. The most common workplace example is a welder’s flash (arc eye), but it can also include overexposure to sunlight for outdoor workers (e.g., roofers, landscapers) or exposure to X-rays or gamma rays in medical or industrial settings.

How Is the Severity of a Burn Classified?

Doctors classify burns by their depth, or “degree,” to determine the extent of the damage and the necessary treatment. This classification is very important in a workers’ compensation claim, as it directly impacts the cost of your care and your potential for permanent impairment.

• First-Degree Burns: These are superficial burns affecting only the outer layer of skin (the epidermis). The skin is red and painful, like a mild sunburn.
• Second-Degree Burns: These partial-thickness burns damage the epidermis and the layer beneath it (the dermis). They cause blistering, severe pain, and swelling.
• Third-Degree Burns: These full-thickness burns destroy the epidermis and dermis completely. The burn site may appear white, leathery, or charred. There may be little to no pain in the center of the burn because the nerve endings have been destroyed. These injuries always require skin grafts.
• Fourth-Degree Burns: These are the most severe burns, extending through the skin to damage underlying muscle, ligaments, and even bone.

Third and fourth-degree burns are catastrophic injuries that often require treatment in specialized burn units, multiple surgeries, and can result in permanent disability and disfigurement.

What Alabama Work Environments Have a High Risk for Burn Injuries?

While a burn can happen in any office breakroom, some Alabama industries present a much higher risk due to the nature of the work.

• Restaurants and Commercial Kitchens: Constant exposure to hot grease, scalding water, steam tables, and hot surfaces makes this one of the top environments for thermal burns.
• Construction Sites: Workers face risks from welding, cutting torches, hot tar and asphalt, electrical wiring, and exposure to job site chemicals.
• Manufacturing and Industrial Plants: Alabama’s industrial sector, including chemical plants and paper mills, involves work with hot machinery, steam pipes, furnaces, and caustic chemicals.
• Healthcare Facilities: Hospital and lab workers can suffer thermal burns from autoclaves (sterilization equipment) or chemical burns from sterilizing agents.
• Electrical and Utility Work: Electricians and linemen face the constant, high-stakes risk of electrical burns and arc flashes.
• Landscaping and Outdoor Work: While often overlooked, roofers, road crews, and landscapers can suffer severe radiation burns (sun poisoning) from prolonged, unprotected sun exposure.

What Steps Should I Take Immediately After a Workplace Burn?

The actions you take in the moments, hours, and days after a burn injury are vital for both your health and your legal claim.

• Seek Immediate Medical Attention. This is the number one priority. For any serious burn, call 911 or go to the nearest emergency room. For chemical burns, flush the area with copious amounts of water. For electrical burns, ensure the power source is off before touching the person.
• Report the Injury to Your Employer. You must notify your supervisor or manager of the accident as soon as possible. Alabama law requires you to provide this notice. It is best to do this in writing, clearly stating the date, time, and cause of your injury.
• Document Everything. If you are able, or if a coworker can help, take photos of the scene. Get pictures of the defective equipment, the spilled chemical container, the exposed wire, or the unshielded hot pipe that caused your burn. Get the names and contact information of any witnesses.
• File an Official Incident Report. Your employer will likely have you fill out an accident report form. Be as accurate and detailed as possible. Do not guess about facts you are unsure of. Get a copy of this report for your own records.
• Go to the Authorized Doctor. Under Alabama’s workers’ compensation law, your employer generally has the right to choose the doctor who treats you. You must see this authorized physician for your treatment to be covered.

What Workers’ Compensation Benefits Are Available for a Burn Injury?

A serious burn requires extensive and costly medical care. A workers’ compensation claim provides several categories of benefits to cover these costs and support you while you cannot work.

Full Medical Benefits: The employer’s insurance carrier is responsible for 100% of all medical treatment that is reasonable and necessary to treat your burn injury. This is a critical benefit for burn survivors and includes:

• Emergency room care and hospitalization (including stays in specialized burn units).
• All surgeries, including debridement (removing dead tissue) and multiple skin grafts.
• Pain management and prescription medications.
• Physical and occupational therapy to restore movement and function.
• Scar revision surgeries.
• Psychological counseling to help cope with the trauma and changes in appearance.
• Any necessary medical equipment.

Wage Replacement Benefits: If your burn injury prevents you from working, you are entitled to benefits to replace a portion of your lost income.

• Temporary Total Disability (TTD): Paid if you are completely unable to work while you recover.
• Temporary Partial Disability (TPD): Paid if you can return to “light-duty” work but earn less than your pre-injury wage.

Permanent Disability Benefits: If your burn results in a permanent impairment, you may be eligible for long-term benefits.

• Permanent Partial Disability (PPD): This is common for serious burns. You may receive PPD benefits for permanent scarring, disfigurement, or the loss of use of a body part (like a hand or arm) due to nerve damage or scar tissue.
• Permanent Total Disability (PTD): For the most catastrophic burn injuries that leave you permanently unable to perform any gainful employment.

What Are the Long-Term Complications of Burn Injuries?

The impact of a burn injury rarely ends when the wound closes. Workers’ compensation should cover treatment for these long-term complications as well.

• Severe Scarring and Disfigurement: This is a primary outcome of third-degree burns and can have a profound psychological impact.
• High Risk of Infection: A burn destroys the skin’s protective barrier, making severe infection a constant and dangerous risk.
• Chronic Pain and Nerve Damage: Damaged nerve endings can lead to a lifetime of chronic pain, itching, and hypersensitivity.
• Mobility Issues: As scar tissue (keloids) forms, it can tighten and pull on the skin, creating “contractures” that limit the range of motion in joints like the hands, elbows, and knees.
• Psychological Trauma: Survivors of severe burns often experience Post-Traumatic Stress Disorder (PTSD), depression, and anxiety related to the accident and their changed appearance.

Why Might an Insurer Deny or Dispute a Burn Injury Claim?

Even though your injury is severe and clearly happened at work, an insurance company may still look for reasons to deny or reduce your claim.

• Late Reporting: They may argue you did not notify your employer of the injury within the legally required time frame.
• Employee Misconduct: This is a common defense in burn cases. The insurer might claim you were injured because you willfully violated a known safety rule, such as failing to wear your required Personal Protective Equipment (PPE) like heat-resistant gloves or a face shield.
• Disputing Severity or Treatment: The adjuster may fight to deny a specific procedure, like a skin graft or scar revision surgery, claiming it is not “reasonable or necessary.”
• Claiming the Injury is Not Work-Related: They might try to argue the burn happened at home over the weekend, which is why reporting the incident immediately is so important.

Can I File a Personal Injury Lawsuit for My Workplace Burn?

This is a very important distinction. Under Alabama’s workers’ compensation law, you cannot sue your employer for negligence that caused your burn. This is known as the “exclusive remedy” rule.

However, you may be able to file a separate personal injury lawsuit if your burn was caused by the negligence of a third party—someone other than your employer or a co-worker. This is a vital avenue to explore because a third-party lawsuit allows you to seek damages not available in workers’ comp, such as compensation for your full pain and suffering.

Examples of third-party liability include:

• A Defective Product: The burn was caused by a piece of equipment (a fryer, a welder, a safety valve) that was defectively designed or manufactured. You could sue the manufacturer.
• A Negligent Subcontractor: On a construction site, an employee of a different company acts negligently (e.g., improperly wires a circuit) and causes your electrical burn.
• A Chemical Supplier: A company provides your employer with a caustic chemical in an improperly labeled container, leading to your chemical burn.

How Can a Workers’ Compensation Lawyer Help with My Burn Injury Claim?

Trying to navigate a complex burn injury claim while recovering from the injury itself is an overwhelming burden. An experienced Alabama workers’ compensation lawyer can protect your rights and manage the entire process for you.

A knowledgeable attorney can assist by:

• Managing All Communication: Handling every phone call, email, and form from the insurance adjuster.
• Gathering Evidence: Securing safety reports, witness statements, equipment maintenance logs, and photos of the scene to build a strong case.
• Fighting a Denial: If your claim is denied, especially over a PPE violation, your lawyer can build a case and represent you in court.
• Ensuring You Receive All Medical Care: Fighting back if the insurer tries to deny necessary treatments like skin grafts, physical therapy, or psychological support.
• Working with Medical Experts: Consulting with your doctors to document the full, long-term extent of your impairment.
• Maximizing Your Disability Benefits: Ensuring that any permanent disability or disfigurement is properly rated so you receive a fair PPD settlement.
• Identifying Third-Party Claims: This is one of the most important roles. An attorney can investigate the circumstances of your accident to determine if you have a separate, high-value personal injury case against a third party.

Contact an Alabama Workers’ Compensation Lawyer Today

If you or a loved one has suffered a serious burn injury at work, you do not have to face this fight alone. The insurance company has professionals working to protect its interests; you deserve to have a dedicated legal advocate protecting yours. The legal team at Thiry & Caddell, LLP is committed to fighting for the rights of injured workers in Chickasaw, Mobile County, and across Alabama. We have the experience to handle these complex claims and help you secure the full and fair compensation you need to rebuild your life.

We offer a free, no-obligation consultation to discuss your case, review your options, and answer your questions. Contact us today to schedule your appointment. You can reach us by phone at (251) 336-3627 or by filling out our online contact form. Let us put our experience to work for you.