If you or a loved one were burned due to a workplace accident or an auto accident, you might be able to pursue legal options. The options you have are based upon the factors in your situation. This includes whether the accident took place on company property or whether the burns resulted in an unexpected death. To find out more about what course of action you or your family can pursue, talk to our San Antonio burn injury lawyer.
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If you sustained burns at work or because of the actions of another person, you might be able to pursue compensation for damages in Texas.
Given that burns can happen in the workplace or public, there are many causes including:
Talk of burns typically conjures an image of injuries to the skin, but burns can take place inside the body as well.
For example, inhalation burns typically happen in accidents involving a fire which can be a workplace accident or a severe car accident. In such cases, inhaling smoke, toxic fumes, or gases can burn the lungs.
Burns do not come from fires alone. Thermal burns happen when the skin is exposed to high heat. That level can be anything over 115°F, be it hot metal, fire, steam, or boiling water. A workplace accident, for example, involving hot steam can cause severe burns the same as the hot metal from a car accident can.
After sustaining a burn, you will need a medical professional to evaluate the damage. After you meet with a doctor or visit the hospital (such as San Antonio State Hospital or Southwest General Hospital), your burns will be placed into one of four categories.
With a San Antonio burn injury lawyer, you will need to determine whether to file for negligence or submit a worker’s compensation claim.
In Texas, there is a four-tier system for determining negligence.
All four elements must exist to prove negligence and file a claim.
If the burn took place while working, you would likely file a worker’s compensation claim instead. This is a form submitted to your company insurance which pays out for those found injured on the job. Most Texas employers are required to have workers’ compensation insurance. You do not need to adhere to the four-tier system of negligence for such claims. All your San Antonio burn injury lawyer has to prove is that you were performing your regular work duties when the injury took place.
You can receive compensation for damages including medical expenses relating to your burns and all other out of pocket expenses relating to your burns. For the latter, you must keep records of all expenses with receipts and corroborating documentation. There is also the possibility of compensation for lost wages since the time of the burn and any future lost wages. You may be entitled to compensation for pain and suffering in personal injury cases of negligence though not typically for workers’ compensation claims. If the defendant in a negligence case acted with malice, you might also be entitled to punitive damages.