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Workers’ Comp for Burn Injuries in California

Burn injuries are among the most painful and traumatic injuries a worker can suffer—and unfortunately, they can happen in nearly any workplace. Whether you’re working in a commercial kitchen, construction zone, manufacturing plant, electrical job site, or laboratory, the risk of thermal, chemical, or electrical burns is very real. In some industries, exposure to open flames, hot equipment, hazardous chemicals, or faulty wiring is part of the daily environment.

The effects of a workplace burn injury can be devastating. Beyond the severe physical pain, burn victims often face permanent disfigurement, nerve damage, emotional trauma, and a long road to recovery that may include surgeries, skin grafts, physical therapy, and time away from work. These injuries don’t just leave physical scars—they can impact your livelihood, your independence, and your quality of life.

The good news is that California’s workers’ compensation system is designed to support you after an on-the-job burn injury. If your injury occurred while performing work-related duties, you are likely entitled to medical care, wage replacement, and other vital benefits. However, filing a successful workers’ comp claim for a burn injury isn’t always easy. Employers and insurance companies may minimize the severity of your injury, delay care, or deny your benefits altogether.

Types of Burn Injuries Covered by Workers’ Compensation

First-Degree Burns

These are considered the least severe but still cause pain, redness, and minor swelling. A common example is a superficial burn from a hot surface or brief chemical exposure. While first-degree burns usually heal quickly, workers’ comp can still cover medical care and any time missed from work if treatment is necessary.

Second-Degree Burns

These burns go deeper into the skin and often result in blistering, intense pain, and tissue damage. They may require specialized wound care, prescription medication, or time off for healing. Second-degree burns that cover larger areas of the body or affect critical areas (hands, face, joints) may lead to temporary disability benefits and further medical treatment under workers’ comp.

Third-Degree Burns

Third-degree, or full-thickness, burns involve damage to all layers of the skin and sometimes underlying tissue. Victims may suffer nerve damage, loss of sensation, or permanent scarring and disfigurement. These are serious medical emergencies and often require hospitalization, skin grafts, reconstructive surgery, and long-term care—all of which are compensable through California’s workers’ comp system.

Inhalation Injuries

Not all burns are visible. Exposure to smoke, steam, hot air, or toxic fumes can cause internal burns to the respiratory system. Symptoms might include coughing, breathing difficulty, or long-term lung issues. These injuries are common in fires, chemical spills, or explosions, and workers’ comp covers both the diagnosis and treatment of respiratory injuries caused by your job.

What to Do Immediately After a Burn Injury at Work

Seek Immediate Medical Care

Your health comes first. Whether you were exposed to fire, chemicals, electricity, or hot surfaces, get treated as soon as possible. Even minor-looking burns can become serious if left untreated. For severe burns, call 911 or go to the nearest emergency room. Let the provider know the injury is work-related.

Notify Your Supervisor or Employer

Under California law, you must report your injury to your employer within 30 days—but the sooner, the better. Verbal notification is a start, but follow up in writing when possible. Make sure the employer is aware of how and where the injury happened so they can initiate the claims process.

Request a DWC-1 Claim Form

Ask your employer for a Workers’ Compensation Claim Form (DWC-1). This form is essential—it starts your official workers’ comp claim. Fill it out and return it promptly. Delays in completing this step can cause delays or denials in benefits.

Follow All Treatment Plans & Keep Documentation

Attend all scheduled medical appointments, follow your doctor’s recommendations, and keep detailed records of your diagnosis, medications, therapy, and recovery progress. These medical records will serve as critical evidence when your claim is reviewed.

Avoid Speaking with Insurance Without Legal Advice

The insurance adjuster may contact you soon after the incident. While they may seem helpful, remember: their goal is to minimize payouts. Do not give recorded statements or sign any documents without consulting a workers’ compensation attorney first.

Benefits Available Through Workers’ Comp for Burn Injuries

Medical Treatment

You are entitled to 100% paid medical care related to your burn injury, including:

  • Emergency room visits
  • Hospital stays
  • Burn center or specialist care
  • Skin grafts and reconstructive procedures
  • Plastic surgery (if needed for function or appearance)
  • Physical therapy and rehabilitation
  • Prescription medications and assistive devices

Temporary Disability Payments

If your doctor says you cannot work while recovering, you may receive temporary disability (TD) benefits to replace part of your lost wages. These are typically:

  • Two-thirds of your average weekly wage
  • Paid every two weeks
  • Available up to 104 weeks (in most cases)

Permanent Disability Payments

If your burn injury results in lasting damage, scarring, disfigurement, or functional impairment, you may qualify for permanent disability (PD) benefits. The amount depends on:

  • The severity and location of the injury
  • Your age, occupation, and limitations
  • Medical evaluations and disability ratings

Supplemental Job Displacement Benefits

If your burn injury prevents you from returning to your previous job, you may be eligible for job retraining or education through a Supplemental Job Displacement Benefit (SJDB) voucher. This includes:

  • Tuition assistance for new skills or career paths
  • Tools or certifications
  • Support finding a new position

Death Benefits

If a loved one tragically passed away due to work-related burn injuries, surviving family members (spouse, children, dependents) may be entitled to:

  • Death benefits to cover lost income
  • Burial expenses
  • Ongoing financial support, based on dependency status

Can You File a Lawsuit for a Workplace Burn Injury?

In most cases, if you’re injured on the job in California, your only option for recovery is through the workers’ compensation system. This is because workers’ comp is considered the “exclusive remedy”—meaning you generally cannot sue your employer, even if their negligence contributed to the injury.

However, there are important exceptions. If your workplace burn was caused by someone other than your direct employer, you may have the right to file a third-party personal injury lawsuit in addition to your workers’ comp claim. 

When a Third-Party Claim May Be Possible

You may be eligible to file a personal injury lawsuit if your burn injury was caused by:

  • Defective Equipment or Machinery
    If a tool, machine, or product you used at work was poorly designed or failed to work properly, the manufacturer or distributor may be held liable for your injuries.
  • Negligent Subcontractors or Vendors
    On job sites where multiple companies are present (e.g., construction, warehouses, industrial facilities), another contractor’s unsafe actions—like causing a fire or chemical spill—may give rise to a claim.
  • Chemical or Material Suppliers
    If a chemical product lacked proper warnings or safety instructions, and that failure led to your burn, the supplier or manufacturer may be responsible under product liability laws.

What Additional Compensation Can a Third-Party Lawsuit Provide?

Unlike workers’ compensation, a personal injury lawsuit allows you to seek broader financial damages, including:

  • Pain and Suffering – Compensation for the physical pain, emotional trauma, and disfigurement caused by the burn
  • Full Wage Loss – Recovery of lost income not capped by workers’ comp limits
  • Future Medical Expenses – Long-term care, surgeries, or therapy not covered by your claim
  • Punitive Damages – In rare cases of gross negligence or willful misconduct, the court may award extra damages to punish the wrongdoer

Let Us Help You Heal and Recover After a Burn Injury at Work

A workplace burn injury can turn your life upside down—physically, emotionally, and financially. From the moment it happens, you may face excruciating pain, emergency medical care, lost income, and fears about how this injury will affect your future. You shouldn’t have to navigate these challenges alone.

Whether your burn was caused by a fire, chemical spill, malfunctioning equipment, or another on-the-job hazard, you have rights under California law—and you deserve full and fair compensation for everything you’re going through.

At Tim D. Wright Law, we understand how devastating burn injuries can be. That’s why we’re committed to helping workers across California get the medical care, wage replacement, and long-term support they need to recover. We’ll handle the paperwork, fight back against denied claims, and explore all possible legal options, including third-party lawsuits if someone else was at fault.

Contact Tim D. Wright Law Today for a Free Consultation:

Workers’ Comp Office:
📍 7657 Winnetka Ave. #134 Winnetka, CA 91306

📞 Phone: (323) 379-9995
✉️ Email: firm@timwrightlaw.com
🌐 Website: https://www.timwrightlaw.com

📲 Stay Connected:

I am very satisfied and thankful with Attorney Tim Wright and his whole team for taking care and handling my fathers personal injuries case. Thank you all very much your staff is amazing, very helpful.
Abraham Ortega
The Law Offices of Tim D. Wright were awesome. They were professional, they kept an open communication with me through out the process.  Big shout out to Sergio and Mercedes for being very helpful with my settlement.
Frank Medina

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