In this guide10 sections
If you were burned on the job in California, workers’ compensation generally covers your medical care and part of your lost wages, whether the burn came from heat, chemicals, electricity or radiation, and regardless of who was at fault. Severe burns get special treatment under California law: temporary disability can last longer than for most injuries, and psychiatric effects of a severe burn can raise your permanent disability rating. You may also have a separate lawsuit against a company other than your employer.
Key takeaways
- A burn is covered if it arose out of and happened in the course of your work (Labor Code §3600). Fault generally doesn’t matter.
- For severe burns and chemical burns to the eyes, temporary disability can be paid for up to 240 weeks within five years, instead of the usual 104 weeks (Labor Code §4656(c)(3)).
- For injuries since 2013, a psychiatric disorder caused by a severe burn can increase your permanent disability rating, an exception to the general rule (Labor Code §4660.1(c)).
- If your employer’s serious and willful misconduct caused the burn, your compensation may be increased by one-half, but you must file within 12 months of the injury (Labor Code §§4553, 5407).
- A manufacturer, contractor or other third party that caused the burn may be sued outside workers’ comp (Labor Code §3852).
Types of workplace burns
| Type | Common causes | What to know |
|---|---|---|
| Thermal | Flames, hot oil and grease, steam, hot asphalt, ovens, welding | The most common burn in kitchens, construction and manufacturing. |
| Chemical | Acids, caustic cleaners, solvents, pesticides, cement | Can keep damaging tissue until fully rinsed off. Eye exposure is especially serious. |
| Electrical | Live wiring, arc flash, power lines, faulty equipment | A small surface wound can hide damage to nerves, muscles and the heart. |
| Radiation | Industrial or medical radiation sources, intense UV | Less common; mostly in health care, research and industrial settings. |
Burns can also come with smoke or fume inhalation. If you breathed in chemicals or smoke, tell the doctor, even if your breathing seems fine at first. Our guide to chemical and toxic exposure at work covers exposure claims in more detail.
When a burn is covered
Workers’ comp covers injuries that arise out of and occur in the course of employment, often shortened to AOE/COE. A cook splashed by fryer oil, an electrician hit by an arc flash or a janitor burned by a cleaning chemical are typical covered injuries. You don’t have to prove your employer did anything wrong, and your own carelessness generally doesn’t defeat the claim.
The law has limited exclusions, such as injuries caused by intoxication, intentionally self-inflicted injuries, injuries to someone who started a physical fight, and voluntary off-duty recreation (Labor Code §3600(a)). Insurers sometimes argue that a burn came from horseplay or happened off the clock; those questions turn on the facts. Read more about AOE/COE and why it matters.
Benefits for a work burn
Medical treatment
Your employer must provide treatment reasonably required to cure or relieve the effects of the injury, including emergency care, hospital and burn-unit care, surgery, skin grafts, medications, wound care, therapy and medical devices (Labor Code §4600). Once you file the DWC-1 claim form, up to $10,000 in treatment must be authorized while the claim is investigated (Labor Code §5402(c)). Ongoing care such as reconstructive surgery generally goes through utilization review.
Temporary disability
While you can’t work, temporary disability (TD) generally pays two-thirds of your gross wages, including overtime and earnings from other jobs, within limits set each year, according to the DWC’s temporary disability fact sheet. For 2026 injuries, weekly TD is at least $264.61 and no more than $1,764.11. TD is usually limited to 104 weeks within five years, but for “severe burns” and “chemical burns to the eyes,” the limit is 240 weeks within five years of the injury. See temporary disability benefits.
Permanent disability
If you’re left with lasting effects, such as scarring that limits movement, nerve damage, vision loss or reduced lung function, you may receive permanent disability payments based on a rating. Since 2013, psychiatric, sleep and sexual-dysfunction add-ons generally can’t increase a rating that comes from a physical injury. But the law makes an exception for a psychiatric injury resulting from a “catastrophic injury, including, but not limited to, loss of a limb, paralysis, severe burn, or severe head injury” (Labor Code §4660.1(c)(2)(B)). Psychiatric treatment is available either way.
Job displacement
If you have a permanent disability from a 2013 or later injury and your employer doesn’t offer regular, modified or alternative work, you may qualify for a $6,000 Supplemental Job Displacement Benefit voucher for retraining, as explained on the DWC’s SJDB page.
A hypothetical example
Luis works the line at a restaurant. A fryer basket handle breaks, and hot oil burns his forearm and hand, requiring skin grafts. Workers’ comp should cover his burn-unit care and grafts and pay TD while he recovers. If his injury is classified as a severe burn, TD may continue beyond the usual 104 weeks if he still can’t work. If he develops anxiety and nightmares that a doctor diagnoses as a psychiatric injury, that may add to his permanent disability rating. And if the basket was defective, he may also have a product liability claim against its manufacturer.
When your employer broke safety rules
If your burn was caused by the serious and willful misconduct of your employer or a managing representative, for example knowingly removing guards or ignoring repeated reports of a gas leak, your workers’ comp compensation can be increased by one-half (Labor Code §4553). This claim has its own deadline: proceedings must begin within 12 months of the date of injury, and filing a regular claim doesn’t extend it (Labor Code §5407). Learn more about serious and willful misconduct claims.
Suing a third party
Workers’ comp is generally your only remedy against your employer (Labor Code §3602). But filing a workers’ comp claim doesn’t affect your right to sue other companies or people whose negligence or defective products caused your burn (Labor Code §3852). Examples may include:
- A manufacturer of a defective heater, fryer, valve or electrical tool
- A chemical maker that failed to warn of hazards or label a product properly
- A general contractor or subcontractor whose crew created the hazard on a shared jobsite
- A utility or property owner responsible for exposed lines or unsafe conditions
A civil case can seek damages workers’ comp doesn’t pay, such as pain and suffering and full lost earnings. Your employer’s insurer may seek reimbursement from that recovery for benefits it paid. See can I sue outside of workers’ comp?
What to do after a burn at work
- Get treatment immediately. For chemical burns, flush with water as directed and tell responders what the substance was.
- Report the injury in writing. Give your employer written notice within 30 days (Labor Code §5400), and ask for a DWC-1 claim form.
- Preserve evidence. Photograph the burn as it heals, the equipment and the scene. Save the product label or safety data sheet if a chemical was involved.
- Write down names. Note coworkers who saw the accident and any contractor or vendor involved.
- Keep every record. Save medical records, pay stubs from all jobs and every letter from the insurer.
- Watch the deadlines. You generally have one year to start a case with the Workers’ Compensation Appeals Board (Labor Code §5405), and 12 months for a serious and willful misconduct claim.
Frequently asked questions
Is a minor burn worth reporting?
Yes. Burns can become infected or turn out deeper than they looked, and electrical burns can cause hidden damage. Reporting in writing protects your right to benefits if the injury gets worse.
Does workers’ comp pay for plastic or reconstructive surgery?
It can, when the surgery is reasonably required to cure or relieve the effects of the burn. Requests usually go through utilization review, and denials can be challenged through Independent Medical Review.
What if the burn was partly my fault?
Workers’ comp is a no-fault system, so your own mistake generally doesn’t bar benefits. Narrow exclusions apply, such as intoxication or an intentionally self-inflicted injury.
Can I get counseling for trauma after a burn?
Yes. Psychiatric treatment that results from the physical injury is covered, and for a severe burn, a resulting psychiatric disorder may also increase your permanent disability rating.
Can I sue my employer for a burn?
Usually not. Workers’ comp is the exclusive remedy against your employer, with narrow exceptions such as an employer without workers’ comp insurance. You may be able to sue a third party, such as an equipment or chemical manufacturer.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including workers recovering from serious burn injuries. We offer free virtual consultations to review your workers’ comp benefits and any third-party claim. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
