Recovering From a Welding Accident in New York

Welding involves joining metal parts together using high-voltage electrical currents or gasses and heat that are volatile and inherently dangerous. Even skilled professionals are not immune from welding accidents that result in serious injuries.

There are thousands of welders in New York City who are at risk for welding injuries. Sadly, some of those will result in fatalities among construction workers.

Common Causes of Welding Accidents

Many welding injuries occur because workers do not have appropriate personal protective equipment. Other causes include:

Common Welding Injuries

Some common welding injuries include:

The most common eye injury for welders is called “welder’s flash,” caused by ultraviolet light emitted from some welding operations. According to the Occupational Safety and Health Administration (OSHA), welder’s flash accounts for nearly 6% of all workplace eye injuries in the construction industry.

Safety Standards & Regulations for NYC Welders

Safety Standards & Regulations for NYC Welders

OSHA publishes standards that must be followed for Welding, Cutting, and Brazing. An OSHA inspector often visits construction sites and ensures these protocols are followed. If workers and contractors fail to follow safety standards, they may be subject to fines.

General industry requirements are discussed in 29 C.F.R. 1910. Subpart 1 provides guidance on personal protective equipment while welding. For example, all employers must provide PPE to welders. It must be maintained in sanitary and reliable conditions.

There are detailed requirements for eye and face protection while welding. The employer’s responsibility is to ensure that each employee uses filter lenses that have a shade number appropriate for the amount of light radiation from the welding machine.

Other parts of the welding-related code address respiratory protection, head protection, foot protection, electrical protective equipment, and hand protection.

Who is Liable in a NYC Welding Accident?

Many New York City welding accidents occur because of negligence. Negligence indicates that a person or company had a legal duty and they did not uphold that legal duty. If their negligence caused injuries and resulted in financial loss, they may be responsible for damages. Negligence is generally preventable with proper training and hazard identification.

An employer may not have provided proper PPE or appropriate training to all employees using welding machines in many situations. If this is the case, you may have to file a workers’ compensation claim. However, if the employer’s actions were especially egregious or intentional, you may be able to file a personal injury lawsuit against them.

Other parties that may be responsible for welding accidents include:

Anyone present at the worksite who does not work for your employer may be held liable for damages they cause in a NYC welding accident.

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Compensation in a New York City Welding Accident

If you are injured on the job, you should file a workers’ compensation claim. This will cover your medical bills and some of your lost wages. It can also give you money if you become partially or totally disabled, either temporarily or permanently. However, you cannot get money to cover non-economic damages like pain and suffering.

If a third party who does not work for your employer caused your welding-related injuries, you may be entitled to recover financial compensation through a personal injury lawsuit. Hecht, Kleeger & Damashek P.C. can help you recover:

  • Past and future medical expenses
  • Lost wages
  • Loss of earning capacity
  • Disability
  • Disfigurement
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of consortium
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Call HKD After A New York City Welding Accident

Welding accidents are too common in New York City despite countless safety regulations. If you or a loved one has been injured, you should reach out to a NYC construction accident attorney right away. Hecht, Kleeger & Damashek P.C. has a team of NYC personal injury professionals with experience handling welding accident cases like yours.

Call HKD today at 212-490-5700 or use the contact form for a free consultation. There’s no fee unless we win.

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