Can You Sue If You Get Burned At Work In Phoenix?
- Casey Hamm
- March 10, 2020
- Burn Injury
You can file for workers’ compensation if you suffer any type of injury at your workplace in Arizona. However, depending on the circumstances of your burn, you may be able to file a personal injury claim to cover your medical expenses and lost wages, among other costs.
It is important to understand that Arizona is a fault-based state. This means that for a personal injury claim to be successful, the victim must prove the liability of the responsible party.
However, Arizona law operates as a “no-fault” state when it comes to securing workers’ compensation, meaning that employees are entitled to receive benefits no matter who or what caused the accident.
Types of Burns
Burns are divided into three categories that rank their severity based on the degree of tissue damage. These categories include:
- First-Degree Burns. This mild type of burn affects the top layer of skin, causing some swelling and redness. Sunburns fall into this category.
- Second-Degree Burns. This more severe type of burn affects the top two layers of skin, causing painful blisters, weeping skin, and deep reddening.
- Third-Degree Burns. This is the most harmful type of burn as it penetrates the entire thickness of the skin and can lead to permanent tissue damage. Immediate medical attention is required.
The type of burn you incurred at work in Phoenix can determine the amount of damages you can seek in your settlement. Additionally, it is vital that you keep all documents pertaining to your injury and its cause, as this will provide useful if you decide to take legal action or sue after getting burned at work. Take photos of your burn and keep a close record of all medical treatments you receive.
Causes of Burn Injuries at Work
Multiple types of burns can occur at the workplace, each requiring a different type of medical care. The type of burn and the severity of the injury will determine the type of care and therapy you may require to make a full recovery.
Various types of substances may cause a chemical burn.
Depending on the type of work you do, you may be exposed to many different types of chemicals on a daily basis. To treat a chemical burn, the irritant must be removed from the skin. If your injury is more than three inches in diameter, you should seek emergency medical help, according to the Mayo Clinic.
An electrical current that touches the skin may cause an electrical burn.
An electrical burn can disrupt bodily functions, resulting in problems like numbness, low blood pressure, nerve damage, and heart arrhythmias.
Radiation causes radiological burns. The level of radiation needed to cause a burn can vary. With some forms of radiological burns, even slight exposure to radiation can cause a significant injury.
Radiation burns can sometimes lead to radiation poisoning. Symptoms include bleeding from various orifices, weakness, fatigue, fever, and hair loss. If you have suffered a radiation burn as a result of negligence in your workplace, ask your doctor about the possibility of developing additional conditions.
A thermal burn occurs when a person’s skin makes contact with a heat source.
When at work, thermal burns are possible in a variety of industries. Restaurant workers in the kitchen who are preparing or serving food may suffer a burn injury. Industrial workers, who may be working around superheated materials, burning fuel, or welding equipment, also run the risk of a serious burn injury.
Elements of a Burn Injury Claim
A victim filing claim after getting burned at work in Phoenix must prove a few aspects of their case, including:
- Duty of care: Where the employer has a duty of care to provide a reasonably safe space to work, including providing the training and protective gear required to maintain the safety of employees.
- Breach of duty of care: Where you must show that the employer did not follow the duty of care requirement, such as by mismarking chemicals, failing to provide training, or using unsafe practices.
- Causation: How the breach of care led directly to your injuries.
- Damages: What specific injuries occurred as a result of the duty of negligence.
Proving these elements of the case adds validity to your claim. Reviewing the guidelines of the Occupational Safety and Health Administration (OSHA) can provide you with more information on the level of safety that is expected in the workplace.
Let Us Protect Your Right to Seek Compensation
If someone else’s negligence, including your employer, caused your burn injury, you have the right to file a personal injury claim and even sue after getting burned at work in Phoenix.
Zanes Law understands that after suffering a burn at work, you may be concerned about having to pay for your medical expenses out-of-pocket. Our team can fight for your right to compensation and stand by your side throughout the legal process. We can initiate prompt legal action, investigate the cause of your accident, and help calculate the total cost of your claim.
We are ready to help. Call us today in Phoenix, Arizona, at (602) 999-9999 for a free consultation.
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