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  1. #1
    Join Date
    Aug 2009
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    9

    Default Where Do Burns amd Scars Fall Under Worker's Comp

    I need info,

    I was severely burned on my right leg and moderately on my left leg and face by chemicals. I won't have any disabilities aside from scars on face and legs. Does anyone have any info for me as far as settlement or do I need a personal injury attorney.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    WC claims/injuries in Calif are rated to impairment/disability using the AMA 5th edition, and PDRS/Permenant Disability Rating Schedule as adopted by the state.

    AMA http://www.impairment.com/tips/
    Rating for Scar & Skin Graft - Rating Tip of the Week

    In order to perform an accurate impairment assessment of a scar or skin graft, the following information needs to be obtained:

    1. Are there associated abnormal signs or symptoms of the scar, and how frequently are they present? For example, is the scar/skin graft associated with decreased sensation, pain, or irritation? Are these symptoms constant or occasional?

    2. Do these signs or symptoms limit the performance of activities of daily living, and how significantly? For example, reduced pliability of scar over the knees may interfere with climbing stairs. Alternatively, the scar may be sensitive to ultraviolet light and thus, limit outdoor activities.

    3. Does the scar/skin graft, or the associated signs and symptoms, require any ongoing treatment, and how much? Once this information is acquired, Table 8-2 on page 178 is referenced to determine Whole Person Impairment for the condition. It is important to note that this rating can be combined with other impairment ratings from additional regions. For example, if the skin disorder interferes with range of motion of a joint in an extremity or is associated with a peripheral nerve injury, the impairment values for these conditions can be combined at the Whole Person level.
    http://www.impairment.com/tips/2007-02-07.htm
    You didn't say if there was a 3rd party involved in your injury, or whether there is a product liability issue.
    If not... then filing a claim for benefits under your ER's plan for industrial injury/illness is your exclusive remedy for this.
    PDRS/2005 http://www.dir.ca.gov/dwc/PDR.pdf

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    workers comp is the only remedy for a work injury.
    personal injury atty will do you no good as it's illegal to bring a civil suit.

    disfigurement and scarring is covered by the AMA rating guidelines used in california (chapter 8).
    if there is no functional impairment then the scars interference with your "activities of daily living" is used to rate the impairment. the amount varies with the acitivities that are affected.

  4. #4
    Join Date
    Aug 2009
    Posts
    9

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    Thanks for the info,

    Another question, I work for the state, is the worker's comp the same? The chemical was ill placed in storage without chemical shower or eyewash.

    I'm still in the healing process. I'm not sure it I have any lose of mobility for sure.

  5. #5
    Join Date
    Jun 2007
    Posts
    339

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    WC benefits are the same for State employees as they are for others.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    --------------------------------------------------------------------------------
    workers comp is the only remedy for a work injury.
    personal injury atty will do you no good as it's illegal to bring a civil suit.
    "Illegal" is too strong a term here... as it doesn't actually apply to all WC claims. There could be a 'serious and willful' issue (though from your info so far, that doesn't appear to be the case..don't know)

    There are also reference in several parts of the labor code providing for the 'possibility' of civil action on the part of the IW. Varies by claim.
    The chemical was ill placed in storage without chemical shower or eyewash.
    Could be a CAL-OSHA issue/complaint. Though if there is a fine, it wouldn't go to the IW.

  7. #7
    Join Date
    Aug 2009
    Posts
    9

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    I was in a storage building gathering material, and a chemical that was stored on an upper shelf fell at my feet. Two bottles fell and broke splashing my face and legs. I didn't bump the chemical and was unaware of it being there. I had to be driven to water to rinse, damage done.

  8. #8
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    you can contact CALOSHA to file a complaint over safety vioations.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    I was in a storage building gathering material, and a chemical that was stored on an upper shelf fell at my feet.
    You would have a lot to prove there... was this a approved storage room for chemicals... was there specific storage instructions for this specific chemical...eg must be on floor, or at eye level so you would know it's there...?

    Because you didn't have prior knowledge the chemical was actually there, wouldn't be enough to prove neglegence by your employer.

    Nor would this be a 'serious and willful' unless you can prove your ER did this over and over after being informed of the situation, and did this with the intent an EE would be injured. Difficult to say the least.

  10. #10
    Join Date
    Aug 2009
    Posts
    9

    Default Re: Where Do Burns(Scars from Chemical Burns)fall Under Worker's Comp

    The chemical was not supposed to be stored there and they had no MSDS on the chemical until found on internet. Surveyers come every year and sometimes twice to inspect for safety and environmental issues and never check this specific building.

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