Fort Smith Workers’ Compensation Attorneys – Burn Injuries
According to the American Burn Association, from statistics updated in 2018, roughly every minute an American sustains a burn injury serious enough to need medical care. This works out to a burn injury approximately every 65 seconds. In 2021, there were 3,800 deaths and 14,700 injuries as a result of 1,353,500 fires. It is estimated that more than 400,000 people receive burn treatment each year.
Burns can be as different as snowflakes, each one unique and painful to the person who sustains the injury. Older adults in the workplace can be more vulnerable due to delayed reaction time, pre-existing health conditions that impair immediate reactions, and/or compromised mobility. The National Safety Council estimates a fire department responds to a fire every 23 seconds. Of course fires do not just occur at home. They can happen anywhere, even at work.
Types of Jobs That Pose Possible Risks to Serious Burn Injuries
Typically when people hear of serious burn accidents and injuries in Arkansas, they think of utility workers, construction workers, welders, and others who use or work with dangerous equipment. However, a serious burn can happen in a fast-food restaurant or at a grocery store – literally anywhere, at any work location.
Any work location can also include those in the construction industry, the utility industry, grocery stores, and the restaurant industry. In early 2023, the U.S. construction sector was teeming with nearly eight million people, roughly 962,651 in the utility industry, approximately 2,824,936 in the grocery industry, and approximately 5.1 million in the restaurant industry. Each of these job subsets faces the risk of sustaining a burn while at work.
For example, electrocution is one of the most deadly construction site accidents in the nation, and coming into contact with hot objects is common for mechanics and engineers while repairing and maintaining machinery.
Classification of Burn Injuries
There are several categories of burns, from first-degree to sixth-degree, with sixth-degree being the most serious.
First-Degree – The least serious burn that affects the epidermis, the skin’s outer layer. They’re painful but not regarded as serious and can be treated at home.
Second-Degree – This is a burn that affects the first and second layers of the skin. These are more painful, are more painful and may form blisters. They may result in permanent scarring.
Third-Degree – this type of burn destroys the outer two layers of skin, damaging nerves, and does not heal without extensive treatments, including skin grafts, surgeries, and possible amputation to avoid complications.
Fourth-Degree – Burns that extend into fatty tissue and all layers of the skin. Amputation may be required.
Fifth-Degree – Burns that penetrate muscle.
Sixth-Degree – Burns that penetrate to the bone.
Grouping of Burns
There are two groups of burns – minor and major – and a burn survivor can have more than one type of burn at the same time:
1. Minor burns encompass First-Degree burns anywhere on the body. Second-degree burns that are less than 2 to 3 inches wide.
2. Major burns encompass Second-degree burns bigger than 2 to 3 inches wide, second-degree burns over a major joint, on the face, hands, groin, buttocks, and feet, and third-degree burns.
Different Types of Burns
There are different types of burns. They include:
- Thermal burns – the result of coming into contact with something hot.
- Chemical burns – you may burn your eyes or skin by coming into contact with harsh irritants, such as bleach, chlorine, battery acid, or ammonia.
- Electrical burns – these happen when a worker comes into contact with an electric current that may affect internal tissues and muscles.
- Radiation burns – the result of radiation therapy. This type of burn is a misnomer, as the skin is not burnt, but the wounds can feel and look like burns.
- Friction burns – these happen when skin rubs roughly over a surface or is scraped against a hard surface. There are also ranked by degrees.
A Body’s Response to Serious Burns
Serious burns cause serious disruptions in how the body functions. This is because of the body’s hyper-inflammatory response. Normally, an inflammatory response protects the body from toxins, bacteria, viruses, and other things, like foreign materials. It acts to destroy what is causing an illness.
The response to extensive and/or deep burns is an inflammatory response that goes into hyperdrive and often exacerbates the injuries and harms other organ systems, the lungs, kidneys, the heart, and blood vessels. Drop pressure can drop precipitously causing shock. Fluids can be trapped internally, leading to edema. Shock and edema can cause organs to fail. The most susceptible organs are the lungs, brain, kidneys, and heart.
Infection is another serious concern for serious burns as the burn destroys the skin barrier needed to protect the body from bacteria, opening the door to gratuitous infections. The infection can spread body wide and become lethal in the form of sepsis and pneumonia.
How Arkansas Workers May Sustain a Serious Burn At Work
The more common ways a worker may sustain a burn injury include, but are not limited to:
- Fires or open flames
- Steam
- Welding torches
- Scalding
- Hot objects
- Hot liquids
- Thermal burns
- Electrocution
- Chemical burns
- Inhalation
- Industrial chemicals in gas, solid or liquid form
- Car accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Scalds
- Vehicle catching on fire
- Radiation exposure from X-rays, UV lights, etc.
- Cold burns caused by exposure
- Friction burns
- Industrial fires
- Industrial equipment
- Faulty heaters or furnaces
High-risk jobs, such as construction, pipeline work, utilities, steelworkers, and the hospitality service industry, can be exceedingly dangerous. All workers require safety training and the proper equipment and clothing to perform their jobs safely.
The problem is that not all industries provide safety training, adequate safety training, personal protective equipment, and/or other mandated safety programs. This leaves workers at high risk of injuries, such as burns. The difficult question, when someone sustains a burn at work, is who is liable. This can also mean an injured worker may have difficulties filing a workers’ compensation claim.
Who is Liable for Burns Sustained at Work?
The answer to this question is critically important, as it directly affects compensation benefits and may also affect any personal injury award in a third-party lawsuit for negligence.
Determining who may be responsible for burns sustained at work depends on the circumstances of the case. If a worker’s actions or inaction contributed to their burn injuries, it is difficult not to attribute some level of fault to them. However, an employer may be held liable for the worker’s injuries and liable for all costs for the injured worker’s care and recovery if the employer fails to do the following:
- Ignores warnings about potential hazards.
- Neglects to provide proper safety gear.
- Does not adequately and properly train a worker in the safe use of machinery or other equipment.
- Neglects to maintain equipment safely and properly.
Again, depending on the circumstances of the case, a worker may be able to file for workers’ compensation in addition to filing a personal injury lawsuit. For instance, if a worker was an independent contractor or was injured by a third party, they could consider filing a lawsuit.
At the Law Office of Jason M. Hatfield, we discuss your case in great detail and depth, explain your legal rights, how workers’ compensation works, and what you may expect while we work on your case. Each case is different. Each outcome is different.
Contact the Fort Smith Law Office of Jason M. Hatfield
If you have suffered serious burn injuries at work, you are entitled to compensation through a workers’ compensation claim. Or, if the burns were caused by an accident involving a negligent third party, you may be able to file a burn injury lawsuit.
At the Fort Smith Law Office of Jason M. Hatfield, our workers’ compensation burn injury attorneys are here to help you with your claim and/or a personal injury lawsuit. We know you are worried about the future, about how to pay your bills, and when you can return to work. We’ve got your back.
Every case is unique, and damage awards or workers’ compensation benefits depend on the nature of the accident and the severity of your injuries. We have decades of solid experience helping injured workers. Reach out to the Law Office of Jason M. Hatfield by calling (479) 361-3575. Our dedicated team of Fort Smith burn injuries lawyers are here to help. Call us today for a free initial consultation and to find out how we can help you.