Burn Injury Claims in Pennsylvania: Valuing Decades of Reconstruction

Grafting, contracture and revision surgery over years, not a single hospital stay.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

Serious burns require treatment over years rather than weeks: grafting, contracture release, revision surgery, pressure garments and scar management. A settlement valued on the initial hospital stay will not cover it, and disfigurement carries its own significant component in Pennsylvania.

What the treatment actually involves

Deep partial and full thickness burns are not a hospital stay followed by recovery. They involve debridement and grafting, donor site healing, pressure garments worn for extended periods, contracture release as scar tissue tightens across joints, revision surgery repeatedly over years, and in children repeated procedures as they grow.

Valuing the claim on the acute admission misses most of the cost, and this is the commonest way these claims settle short.

Disfigurement is a distinct component

Scarring, particularly visible scarring to the face, neck and hands, carries substantial weight in valuation. It is a permanent alteration of how a person moves through the world, and it affects employment, relationships and daily life in ways that outlast the medical treatment.

Photograph the healing process from the beginning and continue at intervals. Nobody thinks to do this and it is irreplaceable later.

Where burns happen and who is liable

  • Workplace, particularly refineries, plants and kitchens. Workers compensation plus, very often, a third party claim against equipment makers or contractors.
  • Defective products, including appliances, heaters, batteries and vehicle fires.
  • Landlord failures, including scalding water temperature, faulty wiring, missing smoke alarms and blocked exits.
  • Gas leaks and explosions, implicating utilities and contractors.
  • Vehicle fires, involving fuel system design and post collision integrity.

Inhalation injury

Frequently the more dangerous component and easily under-documented in the early records. Airway burns, smoke inhalation and carbon monoxide exposure can cause lasting respiratory and neurological harm. Make sure it is assessed and recorded rather than overshadowed by the visible injuries.

Preserve everything

The product, the appliance, the fire scene where possible, and the fire marshal’s report. Fire investigation is specialist work and the physical evidence is frequently cleared quickly. If a landlord is involved, photograph smoke alarms, exits and any prior complaints you made in writing.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

How should a burn injury claim be valued?

Across years rather than on the acute admission. Grafting, donor site healing, pressure garments, contracture release as scar tissue tightens across joints, and revision surgery repeated over years. In children, further procedures as they grow. Valuing on the hospital stay is how these settle short.

Does scarring itself count?

Yes, and substantially. Disfigurement, particularly visible scarring to the face, neck and hands, is a distinct and significant component. It affects employment, relationships and daily life long after the medical treatment concludes.

What should I be photographing?

The healing process from the beginning and at regular intervals thereafter. Almost nobody does this and it is irreplaceable later, because scarring is valued on how it settles over time rather than on how it looked in hospital.

I breathed in smoke as well.

Inhalation injury is frequently the more dangerous component and is easily under-documented when visible burns dominate the early records. Airway burns, smoke inhalation and carbon monoxide exposure can cause lasting respiratory and neurological harm. Ensure it is assessed and recorded.

It happened at work. Is workers comp all I get?

Usually not. Compensation covers the employer relationship, but burns frequently involve equipment manufacturers, maintenance contractors, utilities or other trades, none of whom are protected by exclusivity. That claim covers pain and suffering and disfigurement, which compensation does not.

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Tell us what happened. A named attorney reads every one, and you pay nothing unless we recover for you.

Step 1 of 2: what happened

Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980