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Welding Accident Lawyer in New York

Welding Accident Lawyer in New York

It’s no secret that welding is a dangerous job. More than 500,000 people are injured in welding accidents annually, and in 2020 alone, 48 welders lost their lives in welding-related accidents. According to Industrial Safety & Hygiene News, one in 250 construction workers will, at some point, perish due to a welding accident.

If you’ve been hurt in a welding accident, learn how to seek compensation from a construction accident lawyer in New York. A welding accident lawyer also explains common causes of welding accidents and associated injuries.

Are Welding Accidents Common?

Welding accidents are incredibly common. All it takes is a cursory glance at the news to find dozens of stories featuring welding-related catastrophes.

In January 2024, a horrific welding accident caused the deaths of three workers at a propane company in Quebec. The accident happened when gasoline vapors ignited, causing an explosion.

And in 2016, seven workers suffered serious injuries due to a fire and explosion at a Texas oil terminal. The accident occurred when a pipe containing crude oil caught fire.

Here’s an accident that hits a bit closer to home. In March 2024, a fire erupted on the roof of a luxury New York City skyscraper. The fire started when insulation caught ablaze from a lack of safety measures during welding. Fortunately, no one was injured in this accident, but many victims of similar accidents haven’t been so lucky.

What Causes Welding Accidents?

Welding accidents have many causes. One of the biggest is a lack of training and supervision. It stands to reason that accidents are bound to happen if employers don’t train their welders properly.

Other causes of welding accidents include:

  • Failing to wear proper personal protective equipment, such as welding masks, goggles, gloves, and shoes
  • Poor equipment maintenance
  • Poor ventilation
  • Defective welding tools
  • Cluttered workspaces
  • Welding safety violations
  • Working in dangerous environments, such as confined spaces and near fuel lines

Welding Accidents Can Cause Catastrophic Injuries

Welding accidents can cause severe injuries that disable or even kill workers. Below, learn about a few types of welding accidents that can happen on construction sites.

Severe Burns and Electrocutions

Arc welders can reach temperatures of nearly 10,000 degrees (about as hot as the surface of the sun), while plasma torch welders can reach a whopping 50,000 degrees. It’s easy to imagine the damage such ultra-high temperatures can do.

Arc welder burns can sear off layers of flesh, damage nerves, and even scorch bones. Many victims who suffer welding burns do not survive.

Flash Burns

A flash burn isn’t a burn in the traditional sense. It’s more like a sunburn of the eyes. This injury can happen to welders whose eyes are exposed to UV radiation. Welding torches are a common cause of flash burn, which is why this injury is sometimes called arc eye or welder’s flash.

Flash burns can cause severe eye pain, blurry vision, and light sensitivity. Flash burn injuries require prompt medical attention to avoid scarring the eyes.

Toxic Exposure to Fumes

Welders commonly work around dangerous fumes. These fumes aren’t much of a threat so long as welders wear proper protection, but they can be deadly without such protection.

Welders may suffer permanent damage to their lungs, eyes, and nose. Some may develop cancer or other chronic, disabling conditions.

Hearing Damage

The welding work environment is a rather noisy one. Welders often compare it to standing right next to a roaring jet engine. It’s easy to imagine how such noise can do a number on one’s ears.

Hearing damage can range from fairly minor to profound. Welders who suffer profound hearing loss may go permanently deaf in one or both ears.

How To Seek Compensation for a Welding Accident

Welding Accident Lawyer in New York

If you’ve suffered injuries from a welding accident, is it possible to seek compensation? Yes, with the help of a good welding accident lawyer. Your options include applying for workers’ compensation benefits or filing a personal injury lawsuit. Learn more about both options below.

Workers’ Compensation

Workers’ compensation is your primary recourse if you’re hurt at work. In New York, workers’ comp pays for your medical bills and a portion of your lost wages. You can claim workers’ comp benefits until you’re well enough to return to work.

If you’d like to claim benefits, here’s what to do:

  • Tell your employer about the accident immediately. If you delay for too long, you might become ineligible for benefits.
  • Seek medical attention. You don’t have to wait for workers’ comp to approve you before you can see a doctor.
  • File a claim form online (this is the fastest way to apply for benefits). You may also call (866) 396-8314 to file a claim. Alternatively, you may complete a paper application at your local workers’ compensation office.

Workers’ compensation claims can be difficult to navigate. Workers’ compensation may deny you for no apparent reason, or your employer might argue that your injury didn’t happen at work. Call a Bronx welding accident lawyer if you’re having trouble with your claim.

Personal Injury Lawsuit

You can’t sue your employer if they offer workers’ compensation, but it is possible to sue a third party if they had some involvement in the accident. Potentially liable parties may include:

  • Contractors and subcontractors
  • Property owners
  • Equipment manufacturers

For instance, suppose a subcontractor lent you an arc welder. The arc welder was poorly maintained, and it burst into flames when you turned it on. You could sue the subcontractor for their negligence.

Or perhaps you suffered injuries when a pipe containing toxic materials exploded. In this case, you might be able to hold the property owner or the pipe manufacturer liable.

If you want to file a lawsuit, you have three years to do so. A welding accident attorney can help you with liability and negligence matters for your case.

Frequently Asked Questions

A flash burn is the most common welding injury. Also called arc eye or welder’s flash, this accident happens when UV radiation from an arc welder burns the user’s retina. Other common welding injuries include burns, electrocutions, fume inhalation, and hearing damage.

Lung cancer is one chronic condition that welders can develop. Lung cancer is common because welders are frequently exposed to toxic fumes. Other common chronic problems include occupational asthma, hearing loss, welder’s lung, and chronic obstructive pulmonary disease (COPD).

New York workers’ compensation pays out within 18 days of an injury or illness. Note that you must require at least seven days off of work to qualify for benefits. It’s smart to apply for workers’ comp as soon as possible because the sooner you apply, the faster you’ll have access to benefits.

You cannot sue your employer if they offer workers’ compensation. However, you may sue a third party, such as a subcontractor, if that party had something to do with the accident. If you’re unsure whether you can sue, call a welding accident lawyer to get more information about your rights and the steps to pursuing fair compensation for your injuries.

Call a New York Welding Accident Lawyer Now

If you’d like to learn more about the causes of welding accidents or need help filing a workers’ compensation claim, reach out to Dervishi Law Group, P.C. at (718) 484-4757 for a free case evaluation.