Burn injuries are among the most painful and life-changing injuries a person can suffer. If you or a loved one was burned in Queens because of someone else's carelessness, you need a Queens burn injury lawyer on your side. You need someone with the experience and resources to pursue full compensation. At The Orlow Firm, we have represented burn injury victims from our Flushing office since 1982. We know the hazards facing Queens residents, from aging apartment wiring in Jackson Heights to kitchen fires in the restaurants lining Flushing's Main Street.
Call (646) 647-3398 for a free consultation | Se Habla Español
What's in this video?
The attorneys at The Orlow Firm explain what sets the firm apart, including over 40 years of experience, direct attention from partners, and a record of results for injured clients throughout Queens.
Queens has specific burn hazards that many other boroughs do not share. Many buildings in Jackson Heights, Elmhurst, Corona, and Woodside are pre-war or mid-century. Their aging electrical and heating systems raise fire risk. Flushing and Jackson Heights also have some of the highest numbers of restaurants in New York City, creating serious workplace burn dangers for kitchen workers.
Residential fires remain a leading cause of burn injuries in Queens. Faulty wiring, broken heating equipment, and cooking accidents in older apartments cause fires that injure tenants who have no control over building upkeep. FDNY data confirms this: 78 civilian fire deaths occurred citywide in 2024. Queens has seen several major fires in recent years, including a deadly 4-alarm fire in February 2026 and a fatal 2-alarm fire in February 2025.
Workplace burns often affect construction workers, restaurant employees, and factory workers. Kitchen burns from hot oil, steam, and open flames are a constant risk. On construction sites, workers face electrical burns, welding injuries, and chemical burns from industrial solvents.
Lithium-ion battery fires are a fast-growing hazard. FDNY reported 277 lithium-ion battery fires citywide in 2024, killing six people. Queens neighborhoods with high numbers of e-bike and scooter delivery workers, including Flushing and Jackson Heights, are hit hardest.
Other common causes of burn injuries in Queens include:
- Gas explosions from ConEdison gas leaks or faulty gas appliances
- Electrical burns from exposed wiring, power lines, or broken equipment
- Chemical burns from industrial chemicals, cleaning products, or workplace contact
- Scalding injuries from faulty water heaters or steam pipe failures
- Motor vehicle fires after collisions or mechanical failures
If any of these situations caused your injury, a Queens burn injury lawyer can help determine who is at fault and what compensation you may be owed.
Understanding Burn Severity and Long-Term Impact
How severe your burn is directly affects your medical treatment, recovery time, and the compensation you can pursue. Burns are classified by how deep the tissue damage goes:
First-Degree Burns
First-degree burns damage only the outer layer of skin. They cause redness and pain but usually heal without lasting effects. While rarely the basis for a major legal claim on their own, they can point to broader carelessness that put others at risk for worse injury.
Second-Degree Burns
Second-degree burns reach the second layer of skin. They cause blistering, severe pain, and possible scarring. When these burns cover a large area or affect visible parts of the body, the resulting disfigurement can support large non-economic damages.
Third-Degree Burns
Third-degree burns destroy the full thickness of the skin. The damaged tissue cannot grow back. Skin grafts and extensive reconstructive surgery are required. Recovery often involves months of painful debriding, compression garment therapy, and physical rehab.
Fourth-Degree Burns
The most severe type, fourth-degree burns damage muscle, tendons, and bone beneath the skin. They often result in amputation or are fatal. Survivors face permanent disability and lifelong medical care.
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Understanding Burn Severity:
| Degree | What It Affects | Symptoms | Legal Impact |
|---|---|---|---|
| 1st Degree (Mild) | Outer layer of skin only (epidermis) | Redness, pain; usually heals without lasting effects | Rarely a major claim alone; can show broader negligence |
| 2nd Degree (Moderate) | Reaches second skin layer (dermis) | Blistering, severe pain, possible scarring | Visible scarring supports large non-economic damages |
| 3rd Degree (Severe) | Full thickness of skin destroyed; skin cannot regenerate | Requires skin grafts, months of rehab, compression therapy | High damages: future medical costs, lost earning capacity |
| 4th Degree (Catastrophic) | Destroys muscle, tendons, and bone beneath the skin | Often fatal; survivors face amputation, permanent disability | Largest recoveries: lifelong care, wrongful death claims |
Beyond the Physical Injury
Burn injuries carry effects that go far beyond the initial wound. Smoke inhalation accounts for an estimated 42 percent of residential fire injuries, according to the U.S. Fire Administration. Toxic fume exposure can cause lasting lung damage. Burn survivors often experience PTSD, anxiety, depression, and body image problems, especially when burns cause visible scarring. Long-term treatment often includes multiple reconstructive surgeries, ongoing physical therapy, scar management, and compression garment therapy that can span years.
Our firm's 40-plus years of experience means we understand this full picture and build our cases to account for both immediate and future damages.
Who Is Legally Responsible for Your Burn Injury in Queens
Burn injury cases often involve multiple liable parties, each with different legal duties. Finding every responsible party is critical to getting full compensation. An experienced burn accident attorney in Queens NY can investigate your case and identify all potential claims.
Property owners and landlords must maintain electrical systems, heating equipment, smoke detectors, fire alarms, sprinklers, and fire escapes under the NYC Building and Fire Codes. When a landlord fails to maintain these systems and a fire injures a tenant, the landlord is liable.
Employers must follow OSHA fire safety rules, including fire prevention plans (29 CFR 1910.39) and construction-site fire protection requirements (29 CFR 1926.150). Failing to provide protective gear, train workers on chemical handling, or keep safe workplace conditions can prove employer negligence.
Product manufacturers can be held strictly liable under New York law for defective products that cause burn injuries. This includes faulty appliances, heaters, electrical equipment, e-cigarette devices, and lithium-ion batteries. Strict liability means you do not need to prove the maker was negligent. You only need to show the product was defective and caused your injury.
Contractors and construction companies may be liable for negligent electrical work, hot work violations, or failure to follow fire safety rules on job sites. In Queens, where building and commercial construction is constant, poorly done electrical or plumbing work is a recurring source of fire injuries.
Government entities can be responsible when they fail to enforce fire codes or maintain public infrastructure. Claims against New York City or its agencies require filing a notice of claim within 90 days of the injury. That is a much shorter deadline than the standard statute of limitations.
New York's joint and several liability rules allow injured parties to recover full economic damages from any single responsible party, even when multiple parties share fault. For non-economic damages, liability is apportioned based on each defendant's share of fault under CPLR Article 16. Steven Orlow served as an Assistant District Attorney in Kings County and as Counsel to the Queens County Executive. That background gives our firm particular insight into claims involving government liability.
What's in this video?
The attorneys discuss the range of premises liability cases The Orlow Firm has handled, including building code violations and property owner negligence cases relevant to burn injury claims.
New York Laws That Protect Burn Injury Victims
Several New York laws directly affect your ability to recover compensation after a burn injury. A Queens fire accident lawyer familiar with these statutes can use them to strengthen your case.
Statute of Limitations (CPLR 214(5))
New York gives you three years from the date of your burn injury to file a personal injury lawsuit. Miss this deadline and you lose your right to sue entirely. For claims against New York City or government entities, you must file a notice of claim within just 90 days. Many people miss this critical deadline without legal guidance.
Pure Comparative Negligence (CPLR 1411)
New York follows a pure comparative negligence rule. You can recover compensation even if you were partly at fault for your burn injury. Your damages are reduced by your percentage of fault. If you were 20 percent at fault and your total damages are $500,000, you would still recover $400,000.
Products Liability and Strict Liability
When a defective product causes a burn injury, the manufacturer can be held strictly liable. This applies to broken space heaters, exploding lithium-ion batteries, faulty appliances, and more. You do not need to prove negligence. You only need to show the product was defective and caused your burn.
Workers' Compensation and Third-Party Claims (WCL 11)
If you suffered a burn injury at work, you may be entitled to both workers' compensation benefits and a separate third-party lawsuit. That suit would be against a negligent party other than your employer, such as a property owner, equipment manufacturer, or subcontractor. Pursuing both at the same time can increase your total recovery.
No Damage Caps
Unlike many other states, New York does not cap personal injury damages. The full extent of your losses, including pain and suffering, disfigurement, and future medical costs, can be recovered.
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Critical Legal Deadlines for Burn Injury Claims:
- Day 0: Burn injury occurs
- 90 Days: Notice of claim deadline for cases against government entities (NYC, agencies)
- 2 Years: File workers' compensation claim for workplace burns
- 3 Years: Statute of limitations for personal injury lawsuits (CPLR 214(5))
- After 3 Years: Right to sue is LOST
Important: New York follows pure comparative negligence (CPLR 1411) -- you can recover even if partly at fault.
Adam Orlow, former President of the Queens County Bar Association (2023-2024), works in Queens County courts daily. Our firm is admitted to the NY Court of Appeals and U.S. District Courts for both the Eastern and Southern Districts of New York. That gives us federal court access for product liability and civil rights claims.
What's in this video?
The attorneys explain the key legal factors that determine liability in premises cases, including duty of care, breach, and how New York courts evaluate property owner responsibility.
Compensation Available for Burn Injury Victims in Queens
Burn injuries often result in some of the largest recoveries in personal injury law because the medical costs, pain, and long-term effects are so severe. Moderate burn treatment can exceed $100,000. Severe burns requiring multiple surgeries and rehab can surpass $1 million in medical costs alone.
Economic Damages
- Current and future medical bills, including emergency care, skin grafts, reconstructive surgery, physical therapy, and compression garment therapy
- Lost wages during recovery
- Reduced future earning capacity if burn injuries cause permanent disability
- Home changes and long-term care needs
Non-Economic Damages
- Pain and suffering, which can be large given the extreme pain of burn treatment and recovery
- Disfigurement and scarring, as burns to visible areas carry high non-economic value because of their permanent effect on appearance and quality of life
- Loss of enjoyment of life
- Emotional distress, PTSD, anxiety, and depression
Punitive Damages
When a defendant's conduct is especially reckless or outrageous, punitive damages may be available. Examples include a landlord who knowingly ignored fire code violations or an employer who removed safety equipment. These damages punish the wrongdoer and deter similar conduct.
Wrongful Death
If a burn injury results in death, surviving family members may pursue a wrongful death claim. NYC saw 78 civilian fire deaths in 2024 according to FDNY data. New York does not cap wrongful death damages. Families can recover funeral expenses, lost financial support, and the conscious pain and suffering the deceased experienced before passing.
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Compensation for Burn Injury Victims:
Economic Damages:
- Medical bills: ER, skin grafts, reconstructive surgery, rehab
- Lost wages during recovery
- Reduced future earning capacity
- Home modifications and long-term care
- Severe burns can exceed $1 million in medical costs alone
Non-Economic Damages:
- Pain and suffering from burn treatment and recovery
- Disfigurement and permanent scarring
- Loss of enjoyment of life
- PTSD, anxiety, depression, emotional distress
- New York has NO damage caps on personal injury awards
Additional Damages:
- Punitive damages: available when conduct is especially reckless
- Wrongful death: funeral costs, lost financial support, conscious pain and suffering (NYC had 78 fire deaths in 2024)
We work on contingency -- you pay nothing unless we win.
Our firm works on contingency. You pay nothing unless we win your case. Free consultations are available at our Queens office at 71-18 Main Street in Flushing, or we can come to you if your injuries prevent travel.
Our Proven Results
Our results reflect decades of fighting for injured New Yorkers:
$2,875,000 -- A legally blind man fell 16 feet into an open elevator shaft due to building owner negligence, suffering serious back and heel injuries. This case demonstrates our ability to hold property owners accountable for dangerous premises conditions -- the same type of negligence that often leads to fire and burn injuries.
$2,850,000 -- A counselor was assaulted by an inmate at Rikers Island, suffering multiple injuries requiring surgery. This result shows our willingness and ability to pursue claims against government entities -- a common defendant in burn injury cases involving code enforcement failures.
$2,474,000 -- An undocumented construction worker was electrocuted on a scaffold, fell, and required back and knee surgeries. Electrocution cases involve the same burn mechanisms and legal theories as many fire injury claims, and this case also demonstrates that we represent all injured workers regardless of immigration status.
$900,000 -- An undocumented delivery man was struck by falling facade bricks from a building, requiring neck surgery. This premises liability recovery further illustrates our experience holding building owners accountable.
$190,000 -- An infant's wrist was burned by a restaurant waiter. This is a direct burn injury case involving negligence in a commercial setting.
Prior results do not guarantee a similar outcome.
Steps to Take After a Burn Injury in Queens
What you do right after a burn injury can make a real difference for both your recovery and your legal case:
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Seek immediate medical treatment. Go to an emergency room or burn treatment center. NYC Health + Hospitals and the William Randolph Hearst Burn Center at NewYork-Presbyterian/Weill Cornell Medical Center are among the specialized resources available. Follow all medical advice and attend every follow-up.
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Document the source of the burn. Photograph the location, the defective product, the unsafe condition, or whatever caused your injury. In fire cases, evidence is literally destroyed by the event itself. Early documentation is key.
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Photograph your injuries over time. Burn injuries change a lot during healing. Document the progress of your burns, scarring, and surgical results with dated photos.
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Preserve physical evidence. Keep damaged clothing, broken appliances, and any products involved in the incident. Do not throw anything away.
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Report the incident. Notify the property owner or landlord, your employer, or the right authority. File reports with FDNY for fire incidents and OSHA for workplace burns.
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Do not give statements to insurance companies. Insurers will try to minimize your claim. Do not provide recorded statements or sign anything before talking to an attorney.
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Contact a Queens burn injury lawyer promptly. Evidence degrades, witnesses forget details, and the statute of limitations clock is running. If a government entity is involved, the 90-day notice of claim deadline is even more urgent.
View text version of this infographic
7 Steps After a Burn Injury in Queens:
- Seek Medical Treatment -- Go to an ER or burn center. Follow all medical advice and attend every follow-up.
- Document the Source -- Photograph the location, defective product, or unsafe condition that caused the burn.
- Photograph Injuries Over Time -- Burn injuries change during healing. Document progress with dated photos.
- Preserve Physical Evidence -- Keep damaged clothing, broken appliances, and any products involved.
- Report the Incident -- Notify property owner, employer, or authorities. File FDNY/OSHA reports.
- Do Not Give Insurer Statements -- Do not provide recorded statements or sign anything before speaking to an attorney.
- Contact a Queens Burn Injury Lawyer -- Call (646) 647-3398 for a free consultation. Se Habla Espanol.
Evidence degrades fast in fire cases. The 90-day government claim deadline is even shorter.
Call The Orlow Firm at (646) 647-3398 for a free consultation. We can come to you if your injuries prevent travel. Se Habla Español.
What's in this video?
The attorneys explain The Orlow Firm's contingency fee structure. There is no upfront cost, and you pay nothing unless the firm recovers compensation for you.
Frequently Asked Questions About Queens Burn Injury Cases
How long does a burn injury lawsuit take to resolve in New York?
Most burn injury lawsuits in New York take one to three years. The timeline depends on how severe the injuries are, how many parties are liable, and whether the case settles or goes to trial. Cases involving government entities or complex product liability claims may take longer.
Can I file a burn injury claim if I was partially at fault?
Yes. New York's pure comparative negligence law (CPLR 1411) lets you recover compensation even if you share some fault. Your damages are reduced by your percentage of responsibility, but you do not lose your right to compensation at any fault level.
What if my landlord's fire code violations caused my burn injury?
You can file a premises liability claim against your landlord. Landlords are required to maintain smoke detectors, sprinklers, fire escapes, and electrical systems under the NYC Building and Fire Codes. Code violations serve as strong proof of negligence. Our firm has recovered millions in premises liability cases involving building owner failures.
Do I need a lawyer for a burn injury claim, or can I handle it myself?
Burn injury cases involve complex liability questions and multiple possible responsible parties. Long-term damages require expert medical and economic testimony to prove. Insurance companies routinely undervalue burn claims. An experienced NYC burn injury attorney can identify all liable parties, bring in the right experts, and negotiate from a position of strength.
Can I sue my employer for a workplace burn injury in New York?
Workers' compensation covers most workplace injuries. But you may also file a third-party lawsuit against a property owner, equipment manufacturer, or subcontractor whose negligence caused your burn. Pursuing both workers' compensation and a third-party claim at the same time can increase your total recovery.
What is the average settlement for a burn injury case in Queens?
Burn injury settlements vary widely based on burn severity, scarring and disfigurement, number of surgeries, lost income, and the strength of liability proof. Minor burn cases may settle for tens of thousands of dollars. Severe burns involving permanent disfigurement or disability can result in recoveries over one million dollars.
How are burn injury damages calculated?
Damages are calculated using medical records, expert testimony, life-care plans, and economic analyses. An economist projects lost future earnings. Medical experts estimate the cost of ongoing treatment, reconstructive surgery, and rehab. Non-economic damages for pain, suffering, and disfigurement are assessed based on the nature and permanence of the injuries.
Can undocumented workers file burn injury claims in New York?
Yes. Immigration status does not bar you from filing a personal injury claim in New York. Undocumented workers have the same legal right to pursue compensation for burn injuries caused by someone else's negligence. Our firm has successfully represented undocumented workers, recovering millions in compensation including a $2,474,000 result for a worker electrocuted on a scaffold.
Sources & Official Resources
New York Laws Cited
- CPLR 214(5) -- Statute of Limitations for Personal Injury (Three Years)
- CPLR 1411 -- Pure Comparative Negligence
- Workers' Compensation Law 11 -- Alternative Remedy (Third-Party Claims)
- General Municipal Law 50-e -- Notice of Claim (90-Day Deadline)
Federal Regulations Cited
- OSHA 29 CFR 1910.39 -- Fire Prevention Plans
- OSHA 29 CFR 1926.150 -- Construction Industry Fire Protection
Statistics Sources
- FDNY Mayor's Management Report FY2024 -- NYC Fire Fatality Data
- FDNY Commissioner Announcement -- Lithium-Ion Battery Fire Statistics (January 2025)
Helpful Resources
Contact a Queens Burn Injury Lawyer Today
If you or a loved one has suffered a burn injury in Queens due to someone else's negligence, do not face the insurance companies alone. The Orlow Firm has protected injured Queens residents from our Flushing office for over 40 years. Steven Orlow, our Founder and Cornell Law graduate, and Managing Partners Brian and Adam Orlow bring combined decades of courtroom experience to every case.
Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we win your case.
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