Second degree burn on my hand falling onto a powerwasher at work...

by Daniel
(Massachusetts)

I work for a Company that has annual inspections of it's residential homes. I work with people that have challenges. One week of the year we have to go and clean these residential homes as well as independently living persons' apartments, as well to pass the strict home inspections.

I was asked to power-wash the outside of the residential home siding with the provided power-washer. The side of the building slopes downward. After completing a section, I was walking back up the slope to turn off the machine when I slipped on the wet grass, falling onto the exposed muffler of the gas powered power washer. I sustained 2nd degree burns to the palm of my hand.

I was just told by my doctor that I could not return to work for at least 2 weeks, until they cleared me. When talking to my HR Rep and sending her the required forms, she informed me that I have to use my sick time first, then, if the Insurance picks up my claim, then I will get compensated thru workers comp for my remaining time out.

The Doctor will not know if I have permanent nerve damage to my hand until a few weeks from now, but VERBALLY said I would definitely have scarring.

I have not been thru workers comp like this before, and am fearful of getting the run around. What can I expect? Should I retain a lawyer? Will retaining a lawyer effect my work? Is it legal for them to take my sick time first since the injury was job related? How does workers comp work for injuries that might have long lasting effects or permanent damage? Are they even liable?

Phew! Sorry for all the questions! Any information you can give would be very helpful.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Second degree burn on my hand falling onto a powerwasher at work...":

Daniel (Massachusetts):

Yes, until such time as the doctor certifies you as unable to work, you may have to rely on your sick time. The doctor(s) who evaluate you will determine if your injuries are temporary or permanent. This is referred to as the type of disability you may have.

Unfortunately in most cases "scarring" isn't classified as a temporary or permanent disability. Unless you are able to prove scarring will adversely affect your ability to perform your job duties, you may have to settle for a certain amount. Unfortunately workers compensation doesn't cover pain and suffering, sometimes referred to as mental anguish or emotional distress.

You might want to consider seeking the advice and counsel of a workers compensation attorney. Most won't charge for an initial office consultation. Your claim, especially because there may be permanent damage, seems to require legal representation. That way you won't be taken advantage of by a difficult insurance representative.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Burned at Work Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION