Burn injuries aren’t only painful. They can leave you susceptible to infection while you recover and may lead to permanent scarring and disfigurement.
If you sustained burn injuries on the job in Missouri, you may wonder whether your employer is liable. The answer is that it depends on how your injury occurred and what type of worker you are. Employees and independent contractors have different options for seeking compensation after workplace injuries.
Workers’ Compensation Claims for Burn Injuries in Missouri
The Missouri workers’ compensation system most likely covers you if you are classified as an employee. Most employers in the state are required to have workers’ compensation insurance, which pays for medical expenses, a percentage of your lost wages, and vocational rehabilitation for employees injured on the job.
Since workers’ compensation is a no-fault system, you don’t have to prove your employer was responsible for your burn injury. As long as your burn occurred at work, it will typically be covered by your employer’s insurance.
Employees covered by workers’ compensation also can’t file personal injury lawsuits against their employers to hold them liable under normal circumstances. However, the trade-off is that it’s easier to receive the benefits you need under workers’ compensation than if you have to prove your employer’s fault and go through the legal system.
When Employers May Be Held Directly Liable for Burn Injuries
Employers can be held directly liable for burn injuries under certain circumstances, including:
- Failure to Carry Insurance – If your employer doesn’t have the legally required workers’ compensation insurance, you may be able to file a personal injury lawsuit against them instead. Without the proper insurance, they could be personally liable for your burn injury.
- Intentional Harm – If your employer intentionally harms you, that may void their workers’ compensation immunity and allow you to file a personal injury lawsuit against them directly. For example, if your employer intentionally spills scalding water on you, that could apply.
- Independent Contractors – Individuals not classified as employees are not covered by workers’ compensation insurance. This allows them to file lawsuits against their employers directly in exchange for not having the protections employees have under workers’ compensation.
Common Causes of Workplace Burn Injuries
Workers can sustain various types of burn injuries, depending on the particular hazards they’re exposed to in the workplace. Some common types of work-related burn injuries and their causes are:
- Thermal burns are caused by contact with flames or hot surfaces, which are common hazards in the restaurant industry.
- Chemical burns occur when skin is exposed to acids, solvents, and other caustic substances, such as those used in manufacturing plants.
- Electrical burns result from contact with live wires or defective equipment. These burns are dangerous because they can penetrate beneath the skin and damage nerves.
Steps to Take After a Burn Injury at Work
After a burn injury at work, you should take the following steps to protect your rights and strengthen your case:
- Report the injury to your employer as soon as possible. Failure to report your injury promptly could jeopardize your workers’ compensation claim.
- After receiving emergency treatment, make sure your follow-up treatment is with a doctor from your employer’s approved physician’s list so workers’ compensation covers it.
- Consult a workers’ compensation attorney to learn more about your rights and for assistance in handling your case.
Contact Our Missouri Workers’ Compensation Lawyers
If you sustained a burn injury at work in Missouri, contact Holland Injury Law, LLC, for a free consultation with an experienced and knowledgeable workers’ compensation lawyer. Our firm has recovered over $300 Million for our 7,000+ clients, and we’re prepared to help you seek the compensation you deserve, as well.