Burns can be incredibly painful and require extensive medical treatment. Depending on their severity, they can also take a long time to heal. If you’ve suffered from a burn injury due to someone else’s negligence, you may be able to pursue legal action with the help of an Albuquerque burn injury lawyer. If you need help with a claim, don’t hesitate to contact us to schedule a free consultation.
Compensation You Can Recover From a Workers’ Compensation Claim
If a burn injury was sustained while on the job, workers’ compensation is an option for recovering damages. This type of claim can provide financial assistance with medical bills, partial wage-replacement benefits for time off work while you’re recovering from the burn injury, and rehabilitation benefits if necessary.
It is important to note that workers’ compensation does not provide any coverage for pain and suffering associated with the injury.
Proving Negligence in an Albuquerque Burn Injury Case
When you’re seeking compensation for a burn injury that didn’t occur at work – like one that occurred in a car accident – you must be able to provide evidence that is sufficient to prove that the other party involved was negligent. Negligence includes the following four elements:
Duty of Care
This legal principle establishes that an individual or entity has a responsibility to take reasonable steps to protect others from foreseeable harm and losses.
Breach of Duty
Breach of duty is a failure by the defendant to meet their legal obligation to act reasonably in a certain situation. For example, if an inspector is supposed to assess a dangerous piece of equipment but overlooks important procedures, this would likely be a breach of that duty.
Causation is being able to connect the defendant’s negligent action or inaction to your injury.
Damages refer to the costs incurred from your burn injury, including medical bills and other related expenses such as lost wages from an inability to work.
There are many different types of evidence that burn injury attorneys use to prove negligence. This could include medical reports documenting the extent of the injury, photographs of the injury, and witness statements that support your claim of negligence.
Filing a Workers’ Compensation Claim vs. Personal Injury Lawsuit After a Burn Injury
If you suffer from a burn injury due to someone else’s negligence (for example, if you were burned by a defective product), filing a personal injury lawsuit may be the best option since it allows you to seek damages from the negligent party directly.
However, if you were injured on the job (for example, from faulty equipment), then filing an Albuquerque workers’ compensation claim may be your only option, as you typically cannot file a lawsuit against an employer after sustaining an injury at work.
Common Causes of Burn Injuries
Burn injuries can occur in a variety of ways. Common causes include scalding hot liquids or steam, electrical currents, contact with an open flame (like when dealing with grills or campfires), and exposure to caustic chemicals like bleach or acid.
How Davis Kelin Law Firm Can Help With Your Albuquerque Burn Injury Claim
If you have suffered a burn injury, Davis Kelin Law Firm offers experienced legal assistance that can help you get the compensation you deserve. Here’s why you should work with us: