Legal Options for Chemical Burn Victims
Young children and industrial workers are the most common chemical burn victims. These injuries send thousands of people to hospital Emergency Rooms every month. External burns occur quickly and without warning. Internal burns, mostly from inhaled chemical fumes, damage tissues slowly over time. Surface chemical burns are much more painful than temperature burns. Internal chemical burns often damage body tissue for years before the victim knows about the problem.
A Carlsbad burn injury lawyer addresses immediate and long-term needs in these situations. Lawyers promptly connect chemical burn victims with doctors who know how to diagnose and treat these injuries. Then, since medical bills must be paid eventually, an attorney goes to court and obtains the financial compensation these victims need and deserve.
Workers’ Compensation
Generally, workers’ compensation is the exclusive remedy for job-related injuries in California, be they trauma injuries or occupational diseases. Available benefits usually include:
- Lost Wage Replacement: For victims, everything stops after a serious injury or illness diagnosis. But the outside world keeps turning and regular n=bills must be paid. The financial strain creates mental stress that exacerbates the physical injury. To break this vicious cycle, a Carlsbad personal injury lawyer maximizes the lost wage replacement benefit.
- Medical Bill Payment: California has one of the most expensive healthcare systems in the country. Furthermore, most group health insurance plans don’t cover injury-related costs. By law, the workers’ compensation insurance company must directly pay all reasonably necessary medical bills. Additionally, the victim is not financially responsible for any unpaid expenses.
Except for a few limited defenses, mostly on-the-job drug use and horseplay, employers are strictly liable for work-related injuries, even if the victim was mostly at fault or entirely at fault. Although insurance company lawyers normally can’t contest liability (legal responsibility), damages (amount of compensation) disputes are very common.
Transportation is a good example. If John was injured in a plant explosion in a remote part of SoCal, emergency responders might order a medevac helicopter to rush him to a trauma center. An insurance company adjuster might claim that a much cheaper surface ambulance right would’ve done the trick.
Negligence Claim
Non-employees may file civil claims against the responsible party, who is usually a family caregiver, a non-family caregiver, or a product manufacturer.
Family members don’t always closely supervise small children. That’s especially true in large group environments. Every adult believes another adult is watching a child.
Some parents are reluctant to file legal claims against family members. However, in most cases, a homeowners or personal insurance company is financially responsible for damages and all litigation-related costs. Furthermore, family or not, we should all accept responsibility for the mistakes we make. You break it, you buy it.
Daycares and schools have the same legal responsibilities as friends and family members when children are in their custody. Usually, the daycare or school owner, which is frequently an out-of-state holding company, is financially responsible for damages in these cases.
Manufacturers have a legal duty to sell safe products and adequately warn customers about any known product defects. Substantial compensation is often available in these cases. Money is the only language that big companies speak. Only a large damage award forces them to re-evaluate their business practices and prioritize customer safety ahead of their own profits.
Work With a Savvy San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
my.clevelandclinic.org/health/diseases/22350-chemical-burns