Burn injuries can happen in almost any workplace, but they are especially common among manufacturing workers, welders, foundry workers, first responders, electricians, construction workers, restaurant employees, and others who regularly work around heat, electricity, chemicals, steam, or flammable materials.
While some burns heal with minimal lasting effects, others require extensive medical treatment and leave workers with permanent scarring or disfigurement that affects both their personal lives and their ability to earn a living.
In many cases, proving that a burn happened on the job is relatively straightforward. The bigger challenge is often obtaining compensation that accurately reflects the full impact of the injury. Disputes frequently arise over reconstructive procedures, disability benefits, future medical care, and an injured worker’s ability to return to work.
At Nomberg Law Firm, we’ve been helping Alabama workers pursue the full benefits they’re owed after serious workplace burn injuries and disfigurement for more than 50 years.
If you’ve been injured on the job, contact our experienced Birmingham workers’ compensation attorneys today for a free consultation to discuss your options.
Does a burn count as an injury for Alabama workers’ comp?
Yes. Burn injuries are generally covered by Alabama workers’ compensation when they occur during the course of employment.
Work-related burn injuries may include:
- Thermal burns from fires, explosions, hot surfaces, or molten materials
- Steam burns caused by boilers, pressurized equipment, pipes, or industrial machinery
- Chemical burns caused by hazardous substances
- Electrical burns resulting from contact with energized equipment
- Radiation burns caused by workplace exposure
- Respiratory injuries caused by inhaling smoke, hot gases, or toxic fumes during a workplace fire
Because burn injuries can affect the skin, nerves, muscles, lungs, and other tissues, recovery often involves much more than simply treating the initial wound.
What is a disfigurement injury?
A disfigurement injury is an injury that permanently changes a person’s physical appearance. Unlike many injuries that heal over time, disfigurement often leaves lasting visible effects that may affect a person’s confidence, daily life, or ability to obtain certain types of employment.
At work, disfigurement can result from burns, machinery accidents, work-related vehicle crashes, explosions, crush injuries, chemical exposure, and many other workplace incidents.
Depending on the circumstances, it may involve permanent scarring, skin discoloration, tissue damage, amputations, or other visible changes to the face, head, neck, hands, or other parts of the body.
What is the difference between a burn injury and disfigurement?
A burn injury and a disfigurement injury are not necessarily the same thing.
A burn injury refers to the physical damage caused by heat, chemicals, electricity, radiation, or other harmful sources. Depending on its severity, a burn may heal completely or require extensive treatment.
Disfigurement refers to the permanent change in appearance that remains after an injury heals. For example, a worker who suffers a serious facial burn may later develop permanent scarring that qualifies as disfigurement.
Not every burn results in disfigurement. Likewise, not every disfigurement is caused by a burn. A worker may suffer permanent facial scarring from a machinery accident or lose part of a finger in a workplace incident without experiencing a burn injury.
Can you sue for getting burned at work in Alabama?
In most situations, injured workers cannot sue their employer for a workplace injury like a burn. Instead, they must typically seek benefits through Alabama’s workers’ compensation system.
Workers’ compensation operates under a no-fault system. This means that benefits may be available even if nobody was negligent or if the accident was partially caused by the injured worker’s own mistake.
In exchange for providing these benefits, employers are generally protected from personal injury lawsuits brought by injured employees.
However, in certain situations, an injured worker may have a separate claim against a third party whose actions contributed to the accident, such as:
- A manufacturer of defective equipment
- An outside contractor
- A property owner
- A maintenance company
These claims are separate from workers’ compensation and may provide additional options for financial recovery.
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Can you get workers’ comp for disfigurement in Alabama?
Yes, in some cases. Alabama workers’ compensation law provides additional benefits for workers who suffer serious, permanent disfigurement from a workplace injury. To qualify, the disfigurement generally must be severe enough that it could affect the worker’s ability to find or keep employment.
Examples may include:
- Severe facial burn scars
- Significant scarring on the head, neck, or hands
- Permanent skin discoloration in highly visible areas
- Loss of an ear or other visible body part
- Other permanent changes to a person’s appearance caused by a work accident
Not every scar will qualify for disfigurement benefits. The more visible and severe the disfigurement, the more likely it is to meet the legal requirements under Alabama law.
Workers who suffer permanent scarring may also qualify for other workers’ compensation benefits if the injury causes lasting pain, physical limitations, or work restrictions.
Depending on the circumstances, Alabama law allows disfigurement benefits for up to 100 weeks.
How much compensation do you get for a burn at work?
The amount of compensation available for a workplace burn injury depends on the severity of the injury, the treatment required, how much work you miss, and whether you suffer any permanent effects.
Depending on the circumstances, Alabama workers’ compensation may provide several different types of benefits, including:
- Medical benefits. Workers’ compensation generally covers all authorized medical treatment related to the injury. This may include emergency care, hospitalization, wound treatment, medications, skin graft surgery, reconstructive procedures, physical therapy, scar management treatment, and follow-up appointments.
- Temporary disability benefits. If your burn injury prevents you from working while you recover, you may qualify for temporary disability benefits. These benefits are designed to replace a portion of your lost wages (typically two-thirds of your average weekly wage) until you can return to work or reach maximum medical improvement.
- Permanent disability benefits. Some burn injuries result in permanent nerve damage, loss of function, restricted movement, chronic pain, or other lasting impairments. If the injury leaves you with permanent physical limitations, you may be entitled to permanent disability benefits based on the extent of the impairment and its impact on your ability to work.
- Disfigurement benefits. Alabama law may provide additional compensation for serious, permanent disfigurement that affects your ability to obtain or maintain employment. As discussed earlier, this commonly applies to severe scars, amputations, and other visible injuries that permanently alter a person’s appearance.
Because serious burn injuries often require ongoing treatment and may have lasting effects on employment, it’s crucial to fully understand the benefits available before accepting a workers’ compensation settlement.
Does workers’ compensation cover skin graft surgery?
Yes, workers’ compensation should cover medically necessary skin graft surgery when a burn causes significant damage to the skin and underlying tissue.
How do I file a workers’ comp claim in Alabama for burns or disfigurement?
If you suffer a burn injury or disfigurement at work in Alabama, you should take the following steps to file and protect your claim:
- Seek medical treatment as soon as possible from an employer-approved doctor (unless it’s an emergency).
- Report the injury to your employer in writing within 5 days when possible. In most cases, if you wait more than 90 days, your claim will be denied.
- Follow up to make sure your employer submits a First Report of Injury form to start the claims process.
If you’re unsure how much your claim is worth or you think the insurance company isn’t being fair, reach out to a local Alabama work injury law firm for help.
Did you suffer a burn injury or disfigurement in a work accident in Birmingham? We can help.
For more than 50 years, Nomberg Law Firm has helped injured Alabama workers pursue the maximum benefits available to them under the state’s workers’ compensation system.
Our Birmingham work injury lawyers understand how serious burn injuries can affect a person’s health, livelihood, and future, and we know how to build strong claims supported by medical evidence and documentation.
If you’ve suffered a workplace burn injury or permanent disfigurement, contact Nomberg Law Firm today for a free consultation to learn how we can help protect your rights and pursue the benefits you deserve.