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Guide · Burn injuries · All states

Burn injuries: who pays, and who can be held responsible?

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

It depends on where it happened.

  • In New Jersey, after a car crash, PIP pays medical bills without regard to fault.
  • At work, workers' compensation is generally your only claim against your employer.
  • A product's maker or seller can be liable when it wasn't reasonably safe.
  • A business must keep its premises reasonably safe.

Checked October 12, 2026.

Sources: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g); N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17; N.J.S.A. 2A:58C-2; Model Civil Jury Charge 5.20F (revised November 2022). Every fact cites a source

Checker

Where did it happen?

Pick the closest one. It shows who usually pays first and which New Jersey rule applies. It can't tell you whether you have a claim.

In a car crashPIP pays first
What it is
Your auto policy's personal injury protection.
Why it matters
Every standard New Jersey auto policy includes it, and it pays without regard to fault.
The rule
PIP covers the policyholder and relatives living in the household, up to $250,000 unless a lower amount was chosen in writing. Medical bills above the PIP limits can be claimed from the person at fault.
What you can do now

Tell your auto insurer about the crash, and keep every bill and receipt.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g); N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)
At workWorkers' compensation
What it is
Generally the only remedy against your employer and co-workers.
Why it matters
The exception is an intentional wrong.
The rule
Tell your employer within 14 days. A claim against an outside party who caused the burn, like the maker of a machine, is still allowed.
What you can do now

Report the burn to your employer in writing, and keep a copy.

Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17
A product failedThe maker or seller
What it is
A product liability claim.
Why it matters
A product must be reasonably fit, suitable and safe for its intended purpose.
The rule
The person hurt must prove the product strayed from its design, lacked adequate warnings or instructions, or was designed in a defective manner.
What you can do now

Keep the product, its pieces and its packaging, and photograph them.

Source: N.J.S.A. 2A:58C-2
At a store, restaurant or other businessThe business
What it is
A claim about the premises.
Why it matters
A business must use reasonable care to keep its premises reasonably safe, including reasonable inspection.
The rule
Usually it has to be shown that the business knew of the hazard, or should have found it.
What you can do now

Ask for a copy of the incident report, and photograph the spot.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
On town or State propertyA much shorter deadline
What it is
A claim against a public entity.
Why it matters
Its notice deadline is far shorter than the usual deadline to sue.
The rule
Written notice of a claim against a New Jersey public entity is due within 90 days.
What you can do now

Write down the exact place and date, and photograph it now.

Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
A child was burnedA later start to the deadline
What it is
The time to sue generally starts at 18.
Why it matters
New Jersey sets the clock differently for minors.
The rule
A settlement for a child goes to a judge, who decides whether it is fair and reasonable.
What you can do now

Keep every record of the burn and the care, in one place.

Source: N.J.S.A. 2A:14-21; R. 4:44-3; R. 1:21-7(c)(6)

NJWho pays your medical bills first

It depends on where you were burned.

In a car crashPIP, whoever caused it

Your auto policy's PIP pays medical bills without regard to fault, up to its limit. It covers the policyholder and relatives living in the household.

At workWorkers' compensation

Generally the only remedy against your employer and co-workers, except for an intentional wrong.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3; N.J.S.A. 39:6A-5(g); N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17

NJWho can be held responsible

Being burned doesn't by itself make anyone responsible. These are the rules that can apply.

NJThe maker or seller of a product

Liable when the product wasn't reasonably fit, suitable or safe for its intended purpose. The person hurt must prove it.

Source: N.J.S.A. 2A:58C-2
NJA business

It must use reasonable care to keep its premises reasonably safe. Usually it must be shown it knew of the hazard or should have found it.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
NJA driver at fault

The PIP law doesn't limit recovering losses PIP didn't pay from the person at fault, including medical bills above the PIP limits.

Source: N.J.S.A. 39:6A-12; N.J.S.A. 39:6A-2(k)
NJNot your employer, generally

Workers' comp is the remedy against your employer. A claim against an outside party who caused it is still allowed.

Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17

NJWhen a product caused the burn

A maker or seller of a product can be liable in New Jersey when the product wasn't reasonably fit, suitable or safe for its intended purpose, for one of three reasons.

  1. It strayed from its designIt deviated from the maker's own design specifications, formulas or performance standards.Source: N.J.S.A. 2A:58C-2
  2. Its warnings fell shortIt failed to contain adequate warnings or instructions.Source: N.J.S.A. 2A:58C-2
  3. Its design was defectiveIt was designed in a defective manner.Source: N.J.S.A. 2A:58C-2
Source: N.J.S.A. 2A:58C-2

NJThe deadlines

  1. Sue, in generalN.J.S.A. 2A:14-2(a)2 years
  2. A child under 18N.J.S.A. 2A:14-21The time generally starts at 18
  3. A claim against a public entityN.J.S.A. 59:8-8Notice within 90 days
  4. Burned at work: tell your employerN.J.S.A. 34:15-17Within 14 days
  5. Burned at work: file the comp claim petitionN.J.S.A. 34:15-512 years after the accident or the last payment
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 2A:14-21; N.J.S.A. 59:8-8; N.J.S.A. 59:8-9; N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17

NJWhen it's worth asking a lawyer

  1. A product was involvedA product claim has to prove the defect, so keep the product and everything that came with it.Source: N.J.S.A. 2A:58C-2
  2. You were burned at work by another company's equipment or workerA claim against that outside party is allowed alongside workers' comp.Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17
  3. A town, a county or a State agency is involvedWritten notice of a claim against it is due within 90 days.Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
  4. Someone says it was partly your faultYour recovery is cut by your share of the fault, and more than 50% at fault means nothing.Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

Who pays for a burn after a car crash in New Jersey?

PIP on the auto policy pays medical bills without regard to fault, up to its limit. Medical bills above the PIP limits can be claimed from the person at fault.

Can I sue my employer for a burn at work in New Jersey?

Generally no. Workers' compensation is the remedy against your employer and co-workers, except for an intentional wrong. A claim against an outside party who caused the burn is still allowed.

Can I sue the maker of a product that burned me?

A maker or seller is liable in New Jersey when a product wasn't reasonably fit, suitable or safe for its intended purpose: it strayed from its design, lacked adequate warnings, or was designed defectively. The person hurt must prove it.

How long do I have to file a burn injury lawsuit in New Jersey?

In general, 2 years. For a child under 18, the time generally starts at 18. A claim against a public entity needs written notice within 90 days.

More on burn injuries

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