Welding Accidents

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Queens Welding Accident Lawyer

Millions Recovered For Injured NYC Workers

Welding is a critical task in construction and industrial settings, but it’s also one of the most dangerous jobs around. As such, workers who brave these conditions face considerable risks of suffering injuries or illnesses on the job.

Fortunately, steelworkers, fabricators, construction workers, and others who perform welding in the workplace have important rights and protections. This includes laws that require contractors, site owners, and others who oversee construction projects to provide reasonable and adequate protections to welders, as well as systems that enable injured workers and families to seek financial recoveries when they need them most.

At the Harris Firm, LLC, our award-winning Queens welding accident attorneys have a wealth of experience fighting for workers who’ve suffered injuries and illnesses in construction accidents and other work-related incidents. From pursuing workers’ compensations benefits and recoveries in civil cases to handling hearings, appeals, and trials, we provide comprehensive legal backing to fight for the compensation you deserve.

Have questions about your rights after a welding accident in Queens or anywhere else in New York City? Give us a call at (718) 487-8669 or contact us online for a FREE consultation.

Common Causes of Worksite Welding Injuries

In the bustling construction sites and factories of New York, welding accidents represent a significant portion of workplace accidents. These accidents can happen due to equipment malfunctions, insufficient training, or unsafe working conditions, and can have severe consequences for workers, resulting in burns, eye damage, respiratory problems, and even long-term disabilities.

From structural welding to connect steel I-beams, trusses, columns, and footers to welding used on electrical, plumbing, and HVAC systems, high temperatures and the use of dangerous materials and machinery translate to significant injury risks for workers. Some of the most common welding injury risks on worksites include:

  • Electrocution and electric shock
  • Toxic exposure to welding fumes and gases, harmful metals, coatings, and metal oxide compounds, and minerals like manganese.
  • Exposure to dangerous noise levels that can cause hearing loss.
  • Exposure to ultraviolet and infrared radiation produced by electrical arcs.
  • Flash and thermal burn injuries involving hot materials and flying debris.
  • Fires and explosions.

At the Harris Firm, LLC, we have experience representing workers injured in all types of welding accidents. This includes incidents involving the common welding techniques used in construction, such as Arc (Shielded Metal Arc Welding), TIG (Gas Tungsten Arc Gas Welding), MIG (Gas Metal Arc Welding), and FCA (Flux-Cored Arc Welding).

NY Labor Laws & Welding Safety Regulations

New York Labor Laws are designed to protect workers and ensure safe working environments. Here are key sections relevant to construction and welding:

  • NY Labor Law § 23-1.25, which regulates welding and flame cutting operations with requirements related to the storage and transportation of compressed gas, location of control valves and regulators, lighting and changing of torches, and more.
  • NY Labor Law § 23-1.25(d), which requires site owners and general contractors to provide workers in welding or flame-cutting operations with approved eye protections and protective apparel and, when arc welding is performed near other workers, to protect those persons from arc rays with approved eye protection or opaque screens.
  • NY Labor Law § 240(1), which relates to elevation hazards and may apply to projects where welding is performed from heights using scaffolds, platforms, or other elevated surfaces.
  • NY Labor Law § 241, which requires site owners and contractors to provide “reasonable and adequate protection and safety” to workers on construction sites.
  • NY Labor Law § 200, which involves general workplace safety requirements.

In addition to NY Labor Law, state and federal regulations also outline the responsibilities of contractors and owners when it comes to welding safety on construction sites. Some of these regulations cover the need for adequate ventilation in welding work areas, respiratory protection for workers who weld in confined spaces, proper PPE, and proper storage, handling, and transportation of hazardous welding materials.

Unfortunately, as our firm knows all too well, regulations alone are not always enough to prevent tragic accidents – especially when it comes to tasks as dangerous as welding. Fortunately, workers and their families may have options when it comes to pursuing compensation for losses sustained in welding accidents.

Types of Compensation for Welding Injuries

Workers injured in welding accidents may be able to recover compensation through workers’ compensation and/or personal injury lawsuits.

  • Workers’ Compensation. Workers’ compensation is a form of insurance coverage that allows workers injured or sickened in the course of their employment to recover medical, financial, and vocational benefits. As a no-fault system, workers’ compensation can provide injured workers with immediate access to important benefits without the need to prove that anyone is at fault (and even when a worker is at fault for causing their own injuries). However, filing a workers’ compensation claim can be complex and workers may face challenges when having to deal with denials, hearings, or appeals.
  • Third-Party Injury Claims. While workers’ comp is the sole legal remedy for workers injured on the job, there are some situations where injured workers may be able to pursue claims and compensation outside of the workers’ compensation system. Known as third-party liability claims, thesecivil cases give workers a chance to hold aft-fault parties (who are NOT their direct employer) accountable for causing accidents. They also allow for the recovery of compensation that is otherwise unavailable through workers’ compensation, such as damages for pain and suffering, emotional injuries, loss of consortium, lost benefits, and the full amount of lost income and future earnings.

In New York, strong Labor Laws give workers injured in construction accidents tremendous opportunities to seek justice through the civil legal system. However, civil claims – which may be based on violations of various NY Labor Laws, negligence, or other causes of action – place the burden of proof on plaintiffs, which means that injured workers will need to prove that another party is liable for their losses.

If you were injured in a welding accident, you may be able to pursue both a workers’ compensation claim and a civil claim against a third party. Often, workers find that benefits obtained through workers’ compensation provide much-needed financial support while their civil claims are pending. If a recovery is made in a civil case, there may be credits or reimbursements for benefits paid by the workers’ compensation insurer, which we can help resolve.

At the Harris Firm, LLC, we have extensive experience handling both workers’ compensation claims and civil personal injury lawsuits arising from workplace accidents. We can evaluate your options based on the facts of your accident and discuss whether pursuing one or both types of cases is in your best interest.

How Our Queens Welding Accident Attorneys Can Help

Welding accidents have the potential for serious physical, financial, and emotional repercussions. At the Harris Firm, LLC, we leverage our decades of experience fighting for victims of construction accidents to guide clients step-by-step through their legal journeys and toward the outcomes they deserve. Some of the ways we support our clients include:

  1. Personalized evaluations of workers’ accidents, rights, and available legal options – including their ability to pursue workers’ compensation and civil injury claims.
  2. Handling all communications with insurers, employers, and other involved parties.
  3. Conducting independent investigations, gathering evidence, and working with our own experts and assisting clients with finding medical care, including providers authorized by workers’ comp insurers, independent medical examiners, and providers who work on liens.
  4. Negotiating with insurers and defendants for full and fair recoveries or litigating at workers’ compensation hearings or civil trials when necessary.
  5. Resolving any workers’ compensation reimbursements when workers obtain civil recoveries.

Protect Your Right to Compensation After a Welding Accident. Call (718) 487-8669

The Harris Firm, LLC has earned a reputation for caring, compassionate, and experience-driven representation in matters involving workplace injuries. From workers’ compensation claims to civil injury and wrongful death lawsuits, our services are focused exclusively on helping workers and families fight for the maximum financial recovery possible.

If you or your loved one were injured in a welding accident, we’re available to help. Our Queens welding accident attorneys proudly represent clients across all NYC boroughs and beyond and offer FREE consultations. Contact us today to request yours.

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