Has a workplace burn injury changed your life? You’re not alone—and you don’t have to face this challenge without support.
A severe burn injury can devastate your health, finances, and future in an instant. While getting immediate medical attention is your first priority, you’re likely facing a long, painful recovery road that could leave you scarred or permanently disabled.
Your Employer’s Legal Responsibility
Texas law is crystal clear about workplace safety:
“Each employer shall: (1) provide and maintain employment and a place of employment that is reasonably safe and healthful for employees; (2) install, maintain, and use methods, processes, devices, and safeguards, including methods of sanitation and hygiene, that are reasonably necessary to protect the life, health, and safety of the employer’s employees”
But here’s what many burn victims don’t realize until it’s too late: If your injury occurred due to negligence by your employer or a coworker, you may be entitled to substantial compensation beyond basic workers’ compensation.
Was Your Employer Negligent? The Warning Signs
Ordinary vs. Gross Negligence: Know the Difference
There are two types of employer negligence that could entitle you to compensation:
- Ordinary negligence: A reasonable person would have identified the risk and taken action
- Gross negligence: Your employer showed blatant disregard for worker safety
Red Flags That Could Strengthen Your Case
Lack of Consultation and Failing to Implement Standard Practice
Decision-makers rarely perform the high-risk work themselves. Did your employer:
- Ignore input from frontline workers about burn hazards?
- Disregard OSHA recommendations or industry guidelines?
The truth that employers don’t want you to know: When companies fail to consult employees who understand daily risks, they create dangerous blind spots that can lead to catastrophic burn injuries.
If your employer ignored established safety protocols, your injury attorney may be able to demonstrate how this negligence directly contributed to your suffering.
Could Your Employer Have Eliminated or Reduced the Risk?
Workplace hazard controls follow a strict hierarchy designed to protect you:
- Eliminate the hazard completely whenever possible
- Substitute dangerous chemicals or processes with safer alternatives
- Engineer controls to automate risky tasks or create distance between workers and hazards
- Implement administrative controls including safety procedures
- Provide proper Personal Protective Equipment (PPE) as the last line of defense
When employers skip steps in this hierarchy to save time or money, workers pay the price with life-altering injuries.
Was your PPE inadequate or in poor condition? Were safer chemical alternatives ignored? These failures can form the foundation of a strong negligence claim.
Have Near Misses and Past Accidents Remain Unaddressed?
One of the most damning forms of negligence occurs when:
- Previous near-misses went uninvestigated
- Earlier burn incidents weren’t properly addressed
- Reported hazards were repeatedly disregarded
This critical evidence can transform your case: Records showing your employer knew about and ignored burn risks create a powerful paper trail that can significantly strengthen your claim and potentially increase your compensation.
You or Your Colleagues Were Not Adequately Trained on How to Avoid Burn Injuries
Even perfect safety systems fail when workers haven’t received proper training on:
- How to identify potential burn hazards
- Proper procedures for handling dangerous materials
- Correct use of protective equipment
- Emergency response protocols
If you or a new employee who caused your injury lacked adequate training, your employer may be found negligent for failing to prepare workers for foreseeable risks.
What If Another Employee’s Negligence Caused Your Severe Burn Injury?
You might think you have no case if a careless coworker caused your burn, but that’s exactly what employers want you to believe.
Here’s the legal reality: Your employer remains responsible because they have ultimate control over the workplace environment—including your coworker’s actions. They should have implemented systems to prevent any individual’s error from causing serious injuries.
This often-overlooked legal principle can make the difference between receiving minimal workers’ compensation benefits and securing the full compensation you deserve.
Can An Employer Be Sued For Negligence if They Are OSHA Compliant?
The answer might surprise you: Although OSHA violations create clear grounds for negligence claims, compliance with OSHA standards doesn’t automatically protect employers from liability.
The fundamental test remains: did your employer breach their duty of care toward you?
Even with technical OSHA compliance, if your employer failed to take reasonable steps that would have prevented your burn injury, you may have grounds for a lawsuit that could provide compensation for:
- Extensive medical bills
- Lost wages during recovery
- Diminished earning capacity
- Pain and suffering
- Disfigurement and scarring
- Long-term physical and emotional trauma
Severe Burn Injury: Filing a Civil Suit For Damages
Workers’ compensation benefits often cover only a fraction of the true lifetime costs of a severe burn injury. A civil lawsuit can help recover the full compensation you deserve.
When meeting with a burn injury attorney, bring any supporting evidence you’ve gathered:
- Detailed accident information: Exact date, time, and circumstances
- Witness statements: Names and contact details of people who saw the incident
- Management documentation: Who received your injury report and when
- Official records: Workplace accident reports
- Visual evidence: Photos of the accident scene, equipment, or burn injuries
- Medical documentation: Treatment records, diagnosis, and prognosis
- Impact assessment: How your burn injury affects your daily life, ability to work, and relationships
Why prompt reporting is crucial: Report your burn injury to your employer within 30 days to preserve your right to benefits. Otherwise, they may claim your injury happened outside of work—a common tactic to deny liability.
The Hidden Costs of Severe Burn Injuries Most Victims Don’t Anticipate
Beyond immediate medical costs, severe burn injuries often lead to:
- Multiple reconstructive surgeries over many years
- Specialized rehabilitation to regain function
- Adaptive equipment for daily living
- Psychological treatment for trauma, depression, and anxiety
- Home modifications to accommodate physical limitations
- Career retraining if you can’t return to your previous occupation
- Lifetime of pain management therapies and medications
Standard workers’ compensation rarely accounts for these long-term needs, which is why examining all legal options becomes essential for your future security.
Legal Time Limitations You Can’t Afford to Ignore
Texas has strict deadlines for filing workplace injury claims:
- 30 days to report your injury to your employer
- One year to file a workers’ compensation claim
- Two years to file a personal injury lawsuit in most cases
Missing these deadlines can permanently forfeit your right to compensation, regardless of how clear-cut your employer’s negligence might be.
Consult Williams Hart & Boundas After Sustaining a Severe Burn Injury at Work
If you’ve suffered a severe burn injury at work, don’t face this challenge alone. Your employer may be liable for damages far beyond what workers’ compensation offers.
Contact Williams Hart & Boundas to arrange a free consultation with an experienced personal injury lawyer who will:
- Evaluate the unique circumstances of your burn injury
- Explain your legal rights in clear, straightforward terms
- Determine if you’re entitled to additional compensation
- Fight aggressively to secure what you rightfully deserve
Our decades of experience have helped countless burn victims rebuild their lives with the financial support they need. We have both the passion to fight for what’s right and the experience to win.
The first step toward healing starts with understanding your options. Reach out today to protect your future after a life-changing burn injury.