All firemen have a difficult and dangerous job. There are obvious potential injuries and illnesses caused by fighting fires. Fortunately, most firemen would be covered by workers’ compensation insurance, which pays for all medical expenses related to a workplace injury or illness, as well as a component of wages that were lost while recovering. In the event that a fireman is disabled for an extended period of time, there may be disability benefits and retraining payments included as part of a successful workers’ compensation claim. Working as a firefighter means you are one of millions in the United States. You could be a volunteers or work for a state, federal or private fire service. Whatever it is the same risks are encountered by all firefighters. The most common injury is a burn which isn’t surprising. Burns are classified according to their severity so the amount of workers’ compensation will depend on the burn’s classification. Moderate burn injuries attract WC payments of approximately $150,000, while more severe injuries could attract up to a million dollars. This is a high amount compared to the average back injury claim which according The Occupational Safety & Health Administration (OSHA) is on average from $40,000 to $80,000 per employer. This includes not a lump settlement as well as medical treatment, compensation for wages loss and services for vocational rehabilitation until the firefighter can return to work. Firefighters’ Injuries May Lead to Workers’ Comp Payments for Lost Wages A fireman who is injured while fighting a fire, or who is injured while performing his or her normal job, should be able to claim workers’ compensation. Recovery from the injury or illness may require a period of time off work. In some circumstances, the fireman may return to work, but may be given a different duty because of the injury. In all cases where normal duties cannot be resumed, a proportion of the normal wage is calculated for compensation purposes. This is normally stipulated in state workers’ compensation law, but a useful ballpark figure is two thirds of the normal rate of pay missed while off work. For firemen, the average full time hourly rate was recorded as $24.29 in May 2016, while a full time wage earned a fireman $50,520 at the same time. Figures are from the Bureau of Labor Statistics but do not reveal differences in the pay scale, which can vary according to experience, training and location. In practice, a firefighter’s annual wages might be anything between $33,000 and $55,000. Calculating Workers’ Comp Settlement for a Fireman Before a calculation for a burn is made the burn has to be assessed as this determines the treatment for it and the length of time it takes to recover before returning to work. Your burn could be any of the following: A first degree burn which affects the top layer of the skin only and is considered superficial can be treated with little need for medical services. Typical treatment would include bandages to cover the affected area wet and cool compresses. The treatment time isn’t normally any more than 5 days. A second degree burn resembles a first degree burn but it tends to penetrate the next layer of skin and forms blisters, creates pain, swelling, discomfort, and sometimes scarring. It could take up to 4 weeks to heal. A third degree burn penetrates 3 layers of skin leading to the destruction of sweat glands and nerve endings. Skin grafting is part of the treatment which means long stays in hospital and more than 12 months until full recovery takes place. When calculating the value of workers’ compensation this will be based on the cost of all medical treatment and two thirds of a firefighter’s wage. If the burns are moderate the total cost could be from $100,000 to more than $200,000 while medical treatment for more severe burns could cost up to $1,000,000 or more. As long as your claim for workers’ compensation has been accepted if there are any further complications with your burn injury these are covered as well. This includes infections, failure of skin grafts, and the psychological impact of the burn injury. Second or third degree burns may need a lot of medical care and many months off work. If your nerves or other parts of your body are damaged beyond repair and you cannot return to work the WC benefits payable are based on two thirds of the difference between your pre- injury and post- injury wages which you will receive for the rest of your life. If your burn injury limits what you can do and you cannot return to work as a firefighter you could qualify for vocational rehabilitation which enables you to train in a new skill. Approximate Calculation for Third Degree Burn Injury Treatment Ambulance = $1,000 Emergency Room Treatment = $400 70 days in hospital = $2,500 per day = $175,000 4 skin grafts at $3000 each = 12,000 70 days minimum off work at two thirds of $40 per hour = $14,000 Total = $209,400 This calculation does not include recovery at home which could include other costs like help from a care assistant and rehabilitation. Firefighters’ Injuries and Disability Types Firefighters sometimes face very severe conditions when fighting fires. The most common injuries are not burns, which may be due to firefighters’ protective gear. More injuries occur because of: slips, trips, and falls when on site; being struck by a falling object while fighting a fire; overexertion that ends up causing strain and stress. Firefighters may also suffer from prolonged exposure to smoke and toxic substances that originate from burning materials. These serious injuries and illnesses may mean that firemen seek medical treatment from time to time and may have to stay at home while recovering. They may even have such a serious injury that they are permanently disabled and can never return to work, at least as a fireman. Various disability benefits apply to workers’ compensation settlements. They depend on: whether the injury or illness is temporary or permanent; how the injury or illness affects the possibility of performing the normal duties of a firefighter. Disability can therefore be classified as temporary partial (the worker isn’t absent from work but is temporarily unable to do the same job because of injury or illness); temporary total (the worker is absent from work for a short period); permanent partial (the worker is able to return to work but will never be able to perform the same job); permanent total (the worker is unable to return to work as a firefighter). How Evidence Can Help a Fireman’s WC Claim It seems unlikely that a fireman’s workers’ compensation claim should be in doubt, but nevertheless, employers and their insurers do not like paying out compensation unless they really have to. As with all workers’ comp claims, it helps to be organized; make sure you have all the paperwork filled in and can provide evidence of the nature and severity of the illness or injury. In a fireman’s case, there are usually colleagues who can help verify particular workplace incidents. Witness reports from those who were present can be very useful evidence in the case of a severe injury. Medical reports, doctors’ diagnoses and receipts for everything related to paying for medical treatment should be retained as evidence of a legitimate workers’ comp claim. How an Attorney Can Help You Make a Successful Claim A workers’ compensation attorney can prove invaluable if there are any problems with filing a workers’ comp claim. The attorney can assess the circumstances surrounding the claim and advise you of your legal rights in connection with state laws on workers’ comp insurance. These claims can take quite a bit of time, and the process isn’t always straightforward. The attorney can help you work out what legal options you might have if you find that a claim has been denied or if you are offered what seems to be an unreasonably low figure in compensation.
