Burn Injury Lawyer Cleveland OH
Explosion and Burn Injuries
Severe personal injuries and wrongful death that arise out of an explosion or burns are unique cases that require the skills of an experienced personal injury or wrongful death attorney. Explosions or burns that occur on private or public property, or as a result of a defective product, are subject to a two-year statute of limitations under Ohio law. Some workplace injuries are subject to a one-year statute of limitations. As with any serious personal injury claim or wrongful death lawsuit, you should contact an experienced personal injury or wrongful death attorney early in the process so that they can preserve physical evidence and protect your legal rights.
Workplace explosions occur for a variety of reasons, including overpressurization of gases, ignition of a flammable substance and chemical reactions. These explosions are predictable when proper safety measures are not followed. Unfortunately, under Ohio law, many workers are banned from bringing a personal injury or wrongful death lawsuit as a result of injuries sustained on the job due to restrictions imposed by the Ohio Workers’ Compensation statute. The Ohio Workers’ Compensation statute generally limits a worker’s recovery to defined workers’ compensation benefits. There are three exceptions to this general rule. First, if the employer removes a guard or other protective mechanism that shows a conscious disregard for the worker’s safety, and the removal of this guard results in physical injury or a fatality, the worker or the decedent’s surviving family members may bring an intentional tort claim against the employer. Intentional tort claims allow the victim to recover full compensation and, in some instances, punitive damages. Whether an intentional tort claim can be brought typically requires a very careful investigation and analysis of the circumstances surrounding the explosion.
The bar on lawsuits imposed by the workers’ compensation statute can also be overcome when a worker’s injury is caused by a third party. For instance, if an employee of “Subcontractor A” negligently causes an explosion or fire that results in injury to an employee of “Subcontractor B,” the injured worker can file a lawsuit against “Subcontractor A” and its negligent employee. The final exception is when an explosion or burn occurs as a result of a defective or improperly maintained product or piece of equipment.
Explosions and fires also occur as a result of negligence that occurs outside of the workplace. In these cases, it is important to look at the general liability insurance of the business owner or homeowner to determine whether insurance coverage exists to cover injuries resulting out of the activity that led to the explosion or fire. Again, the circumstances surrounding the explosion are critical to determine whether insurance coverage exists.
Explosion and burn injury cases are also unique in terms of the types of injuries that occur. Burns, traumatic brain injury, deafness, and blindness are unique personal injuries that an experienced explosion or burn injury lawyer will need to evaluate in order to prove all economic losses associated with the injury, including loss of wages and benefits, loss of future earning capacity, future medical expenses and costs of care such as home care, rehabilitation, accommodations to living quarters, transportation needs and the like.
With over 60 years of combined experience and a special understanding of personal injuries associated with explosions and fires resulting in burn injuries, the personal injury and wrongful death lawyers at Mishkind Kulwicki Law are here to help you. Our burn injury lawyer Cleveland, OH residents recommend offers caring and professional services. Please contact us for a free, no-fee consultation. We are here to help.