In Australia, burn injuries are more common than many realise, with 2,423 burn patients admitted in 2022-2023 (ANZBA). Whether caused by a workplace accident, a road crash, or an incident in a public space, burns can lead to significant physical, emotional, and financial hardship. Navigating the compensation process after a burn injury can be overwhelming, but knowing your legal options is essential to securing the support you need for recovery.
The Cost of Burn Injuries
Burn injuries can come with a hefty price tag. For those with serious burns, the costs can escalate quickly, with estimates showing an average cost of more than AU$70,000 per person, according to a 2012 study. While the healthcare system covers much of the immediate medical care, additional expenses—such as rehabilitation, ongoing medical treatment, and lost income—can place a significant strain on victims and their families. This is why pursuing burn injury compensation is so important, as it can provide financial relief and assist with long-term recovery.
Types of Burn Injuries: Understanding the Different Causes
Not all burns are the same, and the type of burn injury you’ve sustained will influence your compensation options. Here are the main types of burns and how they occur:
Thermal Burns
Thermal burns account for the majority of burn cases in Queensland. These injuries happen when the skin comes into contact with intense heat sources, including:
- Scalding liquids or steam
- Open flames from fires or explosions
- Hot surfaces or equipment (e.g., stoves or machinery)
- Vehicle fires or industrial accidents
Chemical Burns
Chemical burns often occur in industrial or laboratory environments, though they can also happen in everyday settings. These injuries happen when the skin or eyes come into contact with hazardous chemicals, such as:
- Acids and alkalis used in industry
- Cleaning products such as bleach and ammonia
- Pool chemicals or battery acid
- Industrial solvents
Electrical Burns
Electrical burns can be particularly severe and often cause both external and internal injuries. These burns are common in workplaces where electrical equipment is used and typically result from:
- Faulty wiring or exposed electrical components
- Accidents involving power lines
- Malfunctioning equipment
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Compensation Options for Burn Injury Victims
If you’ve been injured in a burn accident, Queensland’s legal system offers various compensation options depending on where and how the injury occurred. Understanding your rights can make a significant difference in securing the financial support you need. Below are the main pathways for compensation:
WorkCover Claims for Burns at Work
If your burn injury happened while working, you may be eligible for compensation through WorkCover Queensland. There are two types of claims you can pursue:
Statutory Claims
- Must be lodged within 6 months of the injury.
- Help cover urgent medical bills, rehabilitation costs, and lost income due to your injury.
- No need to prove fault, making this a straightforward option.
Common Law Claims
- Available if you can prove your employer was negligent.
- Must be lodged within 3 years.
- Can provide higher compensation, but require evidence of employer fault.
Motor Vehicle Accident Claims for Burn Injuries in Road Incidents
If your burn injury occurred in a road traffic accident, you can pursue compensation through the driver’s Compulsory Third Party (CTP) insurance. Here’s what you need to know:
- Must be submitted within 9 months of the accident.
- CTP insurance covers a range of expenses, including medical treatment, rehabilitation, and lost income.
Public Liability Claims for Burns in Public Spaces
If you’ve suffered a burn injury while in a public place—such as a shopping centre, restaurant, or park—you may have a public liability claim. These claims involve:
- A 3-year time limit for lodging your claim.
- The need to prove negligence, such as unsafe conditions at the property.
- Compensation for medical expenses, pain and suffering, and more.
What Can You Claim for a Burn Injury?
When making a burn injury compensation claim, you may be entitled to both economic and non-economic losses. These typically include:
Economic Losses
- Medical and hospital expenses (including rehabilitation costs)
- Lost wages and superannuation contributions
- Future care needs or home modifications
- Costs related to travel for treatment are typically reimbursed.
Non-Economic Losses
- Pain and suffering
- Emotional distress or trauma
- Permanent scarring or disfigurement
- Loss of enjoyment of life
High-Risk Professions and Burn Injury Risks
Certain industries carry a higher risk of burn injuries. If you work in any of the following professions, it’s vital to understand your rights and the necessary safety protocols:
- Welders and boilermakers
- Electricians and power line workers
- Chemical plant operators
- Commercial kitchen staff (chefs, cooks)
- Firefighters
- Manufacturing and construction workers
- Pool maintenance workers
If you are employed in a high-risk industry, your employer is legally required to provide safe working conditions, adequate training, and proper safety equipment. If they fail in this duty and you suffer a burn injury, you may be entitled to compensation through a negligence claim.
Steps to Take After a Burn Injury
If you’ve sustained a burn injury, taking immediate and appropriate action is crucial to protecting both your health and your legal rights. Follow these crucial steps:
Immediate Actions
- Get immediate medical care to treat your injuries and prevent further complications.
- Document the incident and your injuries (take photos, gather witness details).
- Report the incident to your employer, if applicable, or the relevant authority.
- Keep a record of all medical treatments, including receipts and reports, for your future claim.
Legal Steps
- Contact an experienced compensation lawyer for expert guidance.
- Submit your claim forms to the appropriate insurance provider or government body.
- Ensure all deadlines are met, and all required evidence is submitted.
Time Limits for Burn Injury Claims
It’s important to act quickly, as there are strict time limits for filing burn injury claims in Queensland:
- WorkCover claims must be filed within 6 months.
- CTP claims for motor vehicle accidents must be lodged within 9 months.
- Common law claims for employer negligence must be made within 3 years.
- Nominal Defendant claims (for uninsured drivers) must be submitted within 3 months.
Failing to meet these deadlines can result in your claim being denied, so it’s essential to seek legal advice as soon as possible.
How ROC Legal Can Assist You
A burn injury can have a lasting impact, but with ROC Legal by your side, you don’t have to face it alone. We’re here to guide you through the claims process and help secure the compensation you deserve, whether your injury happened at work, on the road, or in a public place. Let us provide the expert legal support you need for your recovery.
We can help you:
- Assess your eligibility for compensation.
- Gather and organise necessary medical evidence and documentation.
- Meet all filing deadlines and legal requirements.
- Negotiate with insurers and pursue the best possible outcome for your case.
- Represent you in court if necessary.
At ROC Legal, our goal is to ensure that you receive the financial support you need to cover medical costs, lost income, and pain and suffering. If you’ve suffered a burn injury, don’t delay! Contact us today to start your claim.
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