Burn Injuries and Florida Workers’ Compensation

In Florida, workers exposed to hot or corrosive elements are at risk of experiencing burn injuries. Burn injuries may require multiple surgeries to address scarring and can result in being out of work for months. If this has happened to you, help may be available through workers’ compensation.

If you have experienced a burn injury at work, your recovery and financial stability during this time are a priority to our attorneys and legal support staff. Call us at 941-777-7000 today for a free case evaluation with a knowledgeable member of our team.

Workers’ compensation insurance companies often employ various strategies to minimize the benefits you are entitled to receive or even deny them altogether. We are extremely familiar with these tactics and the Florida Workers’ Compensation laws that protect your rights, and we will not let their methods work to reduce or deny your claim.

Pursuing Workers’ Comp After a Workplace Burn Injury in Florida 

For workers’ comp burn injuries in Florida, follow these steps to secure the benefits you’re entitled to: 

Step 1: Report the Injury Promptly 

Notify your employer of the burn injury within 30 days of the incident or when you become aware that the injury is work-related. Delaying beyond this period may jeopardize your eligibility for benefits. 

Step 2: Seek Authorized Medical Treatment 

After reporting, obtain medical care from a healthcare provider authorized by your employer or their workers’ compensation insurance carrier. In emergencies, seek immediate care, which is generally covered regardless of provider authorization.  

Step 3: Employer’s Reporting Obligation 

In Florida, Form DWC-1, officially titled the First Report of Injury or Illness, is the standard document used to report work-related injuries or illnesses.  

This form is typically completed by the employer to notify their workers’ compensation insurance carrier and the state’s Division of Workers’ Compensation about an employee’s injury or illness. It’s crucial for employers to submit this form promptly to ensure timely processing of workers’ compensation claims. 

Step 4: Monitor the Claims Process 

Within 14 days, the insurance carrier is required to notify you whether the claim is accepted or denied.  

If the claim is accepted, they will begin providing benefits, such as covering medical expenses and wage replacement if applicable.  

If the claim is denied, the insurer will explain the reasons, and you may need to appeal the decision.  

Our team can help with appealing a denied claim. If accepted, you should start receiving benefits, such as coverage for medical expenses and wage replacement if applicable. 

Step 5: Maintain Detailed Records 

Keep thorough documentation of all medical treatments, communications with your employer and the insurance company, and any related expenses. This information is crucial if disputes arise during the claims process. 

The workers’ compensation system is designed to support you with medical and wage replacement benefits. However, getting through that system is often challenging. Our attorneys and staff provide the highest level of advocacy while simultaneously protecting your job, easing your financial and emotional burden, and attending to the specific needs of your case in a timely manner. 

Examples of Burn Injuries Covered by Workers’ Comp

First, to be entitled to workers’ compensation benefits, your employer must have a workers’ compensation insurance policy. In Florida, every employer with four or more employees is required to carry a plan. Construction companies must cover all workers, regardless of size.

Specific examples of common burn injuries include the following:

• Radiation burns that are caused by medical equipment or lights
• Scalding hot grease, liquids or steam
• Equipment or machines that generate high temperatures
• Electrical problems and wiring
• Being exposed to dangerous chemicals
• Friction burns caused by certain types of equipment

You may be eligible for compensation whether you’re documented or undocumented. Please call us for a free case evaluation.

How to Improve the Outcome of Your Burn Injury Settlement

As long as you were an employee injured while on the job, you will likely qualify for benefits, no matter who was at fault for the accident. Here are some steps that you can take after you’ve been hurt to maximize the amount of workers’ compensation benefits that you receive:

• Report your injury to your employer.
• Seek medical attention immediately. Your employer’s workers’ compensation policy may dictate which doctors you can see, but you should see someone as soon as possible.
• File a workers’ compensation claim. Any of our skilled Florida workers’ comp attorneys can help you with this.
• Document and maintain careful records of your medical costs and how your burns have impacted your personal and working life.
• Consult with a proven and successful workers’ comp attorney.
• Do not provide a recorded statement to the insurance company before consulting with a lawyer.

Workers’ Comp Denials and Appeals for Burn Injury Claims 

In Florida, workers’ compensation claims for burn injuries can be denied for various reasons, such as missing the 30-day reporting deadline, lack of sufficient medical evidence linking the injury to the workplace, or disputes over the severity of the burns. Insurance carriers may also deny claims if they believe the injury resulted from misconduct or the worker failed to seek treatment from an authorized provider.  

If a claim is denied, the worker has the right to challenge the decision through an appeal process: 

• To appeal a denial, the injured worker must first attempt to resolve the dispute informally by contacting the insurance company or seeking assistance from Florida’s Employee Assistance and Ombudsman Office. If the issue remains unresolved, they can file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC).  

• A mediation session will be scheduled, and if no agreement is reached, a formal hearing before a workers’ compensation judge will determine the outcome. If the judge rules against the worker, further appeals can be made to the Florida First District Court of Appeal. 

Additional Benefits that May Be Available

If you have suffered a severe burn injury at work in Florida and are entitled to workers’ comp benefits under Florida law, your workers’ compensation settlement should cover all medical bills and a portion of your lost wages caused by your work injury. You can also receive compensation for out-of-pocket expenses, which includes all fees necessary to treat your burns, such as bandages, oral medications, and topical medications.

Contact Us at Berlin Law Firm for a Free Consultation

At Berlin Law Firm, our focus is on workers’ compensation. If you’ve been injured due to a work-related incident, we want to sincerely help you. We also want to educate you on all the options usually hidden from you. Call Berlin Law Firm today for a free case evaluation if you have sustained a burn injury at work. We are staunch advocates of injured workers in Florida, with offices in Tampa and Sarasota.