Burns and chemical spills can create incredibly painful injuries. These injuries are quite common in the course of certain jobs, and they could lead to Workers’ Comp claims, no matter who was responsible for the workplace accident that injured you.
When filing a Workers’ Comp claim for your burn or chemical spill injuries, you can get compensation for your medical bills and some of your lost earnings, plus damages for amputation, permanent lost function, serious facial scars, lost vision, and lost hearing. However, you can also file a separate lawsuit if parties outside of your employer were at fault, since employees may not sue their employers for work injuries. Our lawyers can help prove your case.
For help with your case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 right away.
The Process of Filing Workers’ Comp Claims for Burns and Chemical Spills
Workers’ Comp claims start with notice to your employer. You have to tell them about your injury and its cause within 21 days, but you can still file your claim if your notice comes within 120 days.
After that, they get 21 days to decide to accept your benefits, give you temporary benefits while they keep investigating, settle the case, or deny you. Once you get your denial, call our lawyers for burns/chemical spills.
From there, we file a Claim Petition and file your case with a Workers’ Comp Judge (WCJ). There will be rounds of medical exams, depositions to gather evidence from witnesses, and other exchanges of evidence to build the case. After that, the WCJ holds a hearing to answer the two main questions in your case:
- Was the injury work-related?
- Did it disable you?
If the answer to both questions is yes, then the judge will order your employer – through their insurance carrier – to pay your benefits.
Cases can also be settled after negotiations with the other side, potentially resulting in a lump sum instead of ongoing benefits.
Other Benefits Available for Burns (Heart & Lung Act)
Burn injuries are quite common for first responders, who actually may have access to additional benefits programs through the Heart and Lung Act. In Pennsylvania, we have special benefits for firefighters and other first responders injured in the course of their duties.
As long as the injuries are temporarily disabling (i.e., you will eventually be able to go back to work), we may be able to apply for additional benefits to fully cover your lost earnings. Wage-loss benefits under Work Comp typically cover only 2/3 of your lost pay or 2/3 of the difference between old and new wages if you are working to some extent. These are subject to caps and floors set by law, but injured first responders may get the rest of their wage-loss damages paid through these other benefits.
Can You Sue for Burns and Chemical Spills at Work in Allentown?
Workers’ Comp is designed to be the main way that workers get compensation for on-the-job injuries, but there are potential grounds for a lawsuit. However, you cannot sue your employer.
This rule does not apply to independent contractors, since they are technically self-employed. As long as their classification is proper, they are not “employees” and would not have Workers’ Comp. That leaves them grounds to sue whoever was responsible.
Otherwise, injured workers can sue outside third parties. In burn and chemical spill injuries, this often means suing one of these parties:
- Drivers of HAZMAT trucks and tanker trucks who cause spills and accidents
- Drivers who cause flaming car accidents
- Manufacturers of dangerous chemicals that failed to have proper warnings
- Manufacturers of defective safety gear
- Other contractors or outside suppliers whose negligence causes the spill or fire.
Check with a lawyer to see what outside parties might be liable and what grounds you may have to file a case against them.
What Damages Can You Get?
In a typical lawsuit, you would be able to recover medical bills, lost earnings, and pain and suffering damages, plus other incidental economic costs and property damage/replacement costs. In Workers’ Comp, you cannot get pain and suffering, which is why an outside lawsuit is so helpful if you have grounds to file one.
Instead, Workers’ Comp covers three areas of benefits:
- Medical benefits cover the cost of treatment, though the first 90 days of care must come from a care provider your employer approves, with a few exceptions.
- Lost earnings, as discussed above, typically cover 2/3 of your pre-injury wage or 2/3 of the difference between reduced wages and pre-injury wages, subject to caps and floors.
- “Specific loss” benefits are paid for amputation, permanent lost function, serious facial scars, lost vision, and lost hearing, which are all possible in severe burn and chemical burn injuries. These benefits are also subject to certain caps and floors.
Medical benefits are typically paid directly to the provider, but you get the rest of the benefits paid to you over time. Wage-loss checks typically come on your normal pay schedule from before the injury, whether that was weekly or bi-weekly.
How Does My Lawyer Help?
Our attorneys help with each stage of the case:
- Gathering evidence
- Building your case
- Negotiating with the insurance company
- Appearing in court before the WCJ
- Handling hearings
- Advising you on your rights, mandatory appointments, and other steps you need to take to get your benefits paid.
Even after your case is “over,” we can still help you. If your condition changes or you receive letters from your employer/their insurance carrier, call us back up to help you deal with any further legal issues in your case.
We can also work for a lump sum settlement once your case is stable. This can help you get paid for everything at once instead of over time, reducing your burden of ongoing appointments needed to keep your benefits.
How Does My Lawyer Get Paid?
Our attorneys typically get paid on a contingency fee. For Workers’ Comp claims, this means we get 25% of the lump sum or a portion of the ongoing benefits. For personal injury lawsuits, we often receive a portion of the total damages.
Information on all of this will be presented to you before we start representing you on your case, so you have time to look it over. The baseline is that you do not pay for anything until we win your case.
Call Our Workers’ Comp Lawyers for Burns and Chemical Spills in Allentown
Call our Workers’ Comp lawyers for burns and chemical spills at Cardamone Law today at (267) 651-7945 for a free case evaluation.
