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Read moreIf you’ve suffered a burn at work, in a car accident, or because of someone else’s negligence, a burn injury claim can provide vital financial support.
A successful claim covers far more than just your medical bills. You could also be entitled to lost wages, professional care, and compensation for your pain and suffering.
Because burn injuries commonly happen in the workplace, this page focuses on burn injury workers compensation claims. However, we’ll also briefly look at other situations that can lead to burn injury claims, like car crashes and accidents on public, private or rental property.
Whether you’ve just been injured or have already had your claim denied, our burn injury lawyers can help. Contact us today for free, expert advice on what you’re entitled to and how much you could receive.
Find out if you’re eligible for burn injury compensation today.
If you’ve suffered a burn at work, you may be entitled to workers compensation. It doesn’t matter:
Not sure if you qualify? Get in touch today. Our experienced burn lawyers have successfully handled thousands of claims for injured employees.
And the best part? Your first consultation is completely free, so if you’re unsure whether you qualify, there’s no risk in finding out.
When we think of burn injuries, heat is usually the first thing that comes to mind. But there are many different types of burn injuries you may be able to claim compensation for, including:
This isn’t a complete list; just some of the burn injuries we’ve helped clients claim for. If your burn happened in a work accident or because of your employer’s negligence, you could be entitled to substantial compensation.
Not sure if your burn injury qualifies? Get in touch today. Our burn injury attorneys will listen to your story and explain every type of compensation you may be entitled to — free of charge.
Burns are usually classified by their severity, which helps determine the type of treatment required — and the level of compensation you may be entitled to.
Generally speaking, if your burn injury covers more than 10% of your body, it’s considered a major burn injury.
The severity of a burn makes a big difference when it comes to compensation. More serious burns often mean longer hospital stays, ongoing treatment, loss of income, or even permanent disability. In some cases, you may need lifelong care or never be able to return to work. Let’s explore how this works in more detail below.
Across Australia, there’s no average compensation for workplace burn injuries. Instead, your burn compensation amount depends on your individual circumstances, including:
There are three main types of compensation for burn injuries at work:
To give you a better idea of how much you could receive, we’ll explore how each of these is calculated. And remember, you may be entitled to more than one type of compensation, depending on your situation.
If your burn happened at (or because of) work, you’re generally entitled to basic weekly workers compensation — no matter who was at fault. This covers:
If your burn injury causes permanent impairment, you may be entitled to an additional lump sum payment on top of your weekly benefits. While ‘permanent’ can mean you’re left with physical scars, it can also include:
To qualify for a lump sum, you’ll need to undergo a Whole Person Impairment (WPI) assessment. This medical assessment measures how much your injury impacts your day-to-day life. In some states, you’ll also need to meet a minimum WPI threshold before a lump sum can be awarded.
State Minimum WPI threshold
New South Wales 11%
Victoria • Burn injuries affecting the spine: 5%
• Other burn injuries: 10%
Queensland 0%
South Australia 5%
Western Australia 0%
Tasmania 5%
Northern Territory 5%
Australian Capital Territory 0%
Want to learn more? See our detailed guide to workers compensation claims for permanent impairment.
If your burn was caused by your employer’s negligence, you might be eligible for a common law damages claim. Common examples of employer negligence that can lead to burn injuries include improper safety gear, inadequate training or supervision, and faulty equipment.
Unlikely basic workers compensation payments, a common law claim can result in a substantial, lump sum payment — worth hundreds of thousands (or even millions for severe burns).
On top of your regular workers compensation benefits, a common law claim may cover:
Pain and suffering (also called general damages or non-economic loss) compensates you for the personal impact of your injury.
To qualify, you’ll typically need to meet a minimum impairment threshold. This is a measure of your permanent impairment, assessed by an independent medical specialist.
Depending on your state, this may be called a Most Extreme Case (MEC), Whole Person Impairment (WPI), or Injury Scale Value (ISV). The higher your rating, the greater your potential compensation.
State Requirements for claiming pain and suffering compensation
NSW At least 15% of the Most Extreme Case (MEC).
QLD Injury Scale Value (ISV) of 1 or higher.
VIC At least 5% Whole Person Impairment (WPI) for physical injuries or 10% WPI for psychological injuries.
SA The injury must have impacted you for over 7 days or your medical expenses reach the ‘prescribed amount’ (currently $7,440).
WA At least 5% WPI and meet the minimum claim value (currently $25,500).
TAS Minimum claim value must be met (currently $7,000).
ACT None
Many states also set maximum limits on pain and suffering payouts. The final amount depends on both the severity of your injury and the state where your claim is made.
Current caps for each state as of 2024 are shown in the table below, and these figures are adjusted yearly in line with inflation.
State Maximum compensation for pain and suffering
NSW $761,500
QLD No cap except for workers compensation claims ($442,195)
VIC $713,780
SA $478,500
WA No cap
TAS No cap
ACT No cap
A strong pain and suffering claim can be life-changing, reflecting the lasting physical, emotional, and lifestyle impacts of your burn. But unlike medical bills or lost income, pain and suffering can’t be proven with receipts — which is why having a specialist burn injury lawyer is so important.
We take the time to understand how the burn has affected your life and turn every impact into a clear, claimable loss. This comprehensive approach ensures you receive the maximum compensation for your burn injury.
Strict time limits apply to all burn injury workers compensation claims, but the exact deadline depends on which state you’re in.
| NSW, QLD, SA and TAS | 6 months of the accident |
| VIC | 30 days of the accident |
| WA | 12 months of realising you’re injured |
| NT | 6 months of the accident or developing the illness |
| ACT | 3 years of realising you’re injured or ill |
Missed the time limit? Don’t panic. Every state allows for exceptions in special circumstances, and our burn injury lawyers regularly help clients apply for extensions. Over the years, we’ve helped hundreds of injured people get their delayed claims approved.
In addition to workers compensation, your superannuation policy may provide extra support if your burn injury affects your ability to work. This can include:
If your burn leaves you permanently unable to work, you may qualify for a lump sum payout under your super’s Total and Permanent Disability (TPD) cover.
Many super funds automatically include TPD, so you could be eligible without even knowing it. Not sure? Our burn injury lawyers can review your super policy and entitlements for free.
If your burn temporarily prevents you from working, income protection benefits may help cover living expenses, including:
As the name suggests, you can only make a workers compensation claim if your burn injury happened at (or because of) work. But that doesn’t mean you’re out of options if your burn injury occurred another way:
If you’ve been burned in a car accident, your compensation will depend on factors like your state, the severity of your injuries, and whether you were at fault.
You may be entitled to:
For more details, see our complete guide to motor accident claims.
If you’ve suffered a burn on public, private, or rental property, you may be eligible for a public liability claim. Common scenarios include:
Depending on your circumstances, a public liability claim may cover:
Your exact burn settlement amount will depend on a few factors, like how severely you’re injured and whether you can return to work. For a detailed breakdown, see our full guide to public liability compensation.
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
If you’ve suffered a burn at work, taking the right steps early can protect your health and your claim.
If your workers compensation claim for a burn injury is rejected, don’t lose hope: you have the right to appeal. The insurer must provide written reasons for the denial, and you can then request a review of their decision.
To succeed on appeal, you’ll need to show that the insurer made an error in assessing your case, which can be complex. That’s why it’s vital to get legal advice before moving forward.
Our experienced burn injury lawyers have helped many clients overturn denied claims and secure the compensation they deserve. Contact us for a free consultation. We’ll review the insurer’s decision and outline the best path for your appeal.
While your appeal is underway, you may need temporary financial support. Depending on your circumstances, you might be able to access:
If you’re unsure what support you can access, we can review your super policy and entitlements free of charge, so you know exactly what options are available.
Burn injuries can vary widely in severity, and some symptoms may appear hours after the initial accident. Depending on how serious the burn is, you might experience:
The severity and combination of these symptoms often indicate the degree of the burn and can affect the type of treatment and compensation you may be entitled to.
If you’ve suffered a burn at work, on the road, or due to negligence, it’s important to see your doctor for treatment right away.
Burn injuries can occur in many workplaces, but certain professions face higher risks due to heat, chemicals, electricity, or open flames. Common examples include:
While these professions are among the highest risk, burn injuries can occur in almost any workplace where heat, chemicals, or electricity are present. Proper training, protective equipment, and safety protocols are essential to reduce the risk.
Chemical burns are often some of the most serious workplace injuries, causing deep tissue damage, scarring, loss of mobility, or long-term health issues.
Because of this, chemical burn compensation can be substantial, particularly if your injury prevents you from working, requires ongoing treatment, or affects your independence.
Beyond standard workers compensation, a severe chemical burn may entitle you to:
To make sure you claim every type of compensation available, it’s essential to work with a specialist chemical burn lawyer.
Our team has extensive experience handling chemical burn cases and understands the full impact these injuries can have. We approach every claim with care and precision, ensuring you receive compensation for the complete impact of your injury.
Chemical burns can happen in a wide range of workplaces where hazardous substances are used. Some of the most common causes include:
Yes. If you’ve been in a car accident and suffered burn injuries from an airbag, you may be entitled to compensation through a product liability claim. This involves suing the airbag manufacturer because the airbag was defective or faulty.
Common examples include:
To succeed in a product liability claim, you’ll need to prove a few key things:
The compensation you may receive for airbag burns depends on the circumstances of your accident and the severity of your injuries. Potential entitlements include:
If you suffered burns from an airbag during a crash (even if the airbag itself wasn’t faulty), you may still be entitled to compensation through a motor accident claim.
In this situation, you’ll need to prove that another driver’s negligence caused the collision, which then led to your airbag injuries.
Common examples of driver negligence include:
Yes, if you’ve been burned during laser hair removal due to poor treatment or mistakes by a technician, cosmetic practitioner, or medical professional, you may be eligible for laser hair removal burn compensation.
Unlike most burn injury claims, laser hair removal burns usually fall under medical negligence. That’s because practitioners owe their clients a legal duty of care to carry out treatment with reasonable skill and safety. If yours failed to do so, you may have a claim.
To succeed in a claim, you generally need to show four things:
A successful medical negligence claim can result in a significant lump sum payout. Depending on your situation, your compensation may cover:
If you’ve been injured by a negligent laser hair removal provider, our burn injury lawyers can help. We have extensive experience in this area and know how to secure the maximum compensation available to you.
When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.
A serious burn can affect every part of your life: your health, your work, your independence, and your future. You deserve compensation that reflects all of that. That’s where we come in.
When you work with our expert burn injury lawyers, we will always:
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