The Dangers of Welding
While welding is essential to construction work, it can cause catastrophic
accidents when the wrong equipment is used or a malfunction occurs. A
welding accident can cause severe, life-altering injury. These injuries
can have serious consequences on workers and their families. Injured construction
workers can be forced to miss extended periods of work, and in some cases
be forced to quit their job, causing severe financial strain on their
families. Additionally, welding accidents can cause severe injuries which
may require significant medical attention and surgery; in some cases the
cost of medical bills are too expensive to be covered by the injured individual's
insurance. Fortunately, construction workers who have suffered a welding
injury may be able to recoup compensation through a personal injury lawsuit. At
Queller, Fisher, Washor, Fuchs & Kool, our
construction accident attorneys have experience handling claims for victims of welding accidents. We understand
that the aftermath of a welding accident can be a difficult time for construction
workers and their families, as a result, we will work tirelessly to secure
the compensation necessary to get our clients' lives back on track.
If you were injured in a welding accident or suspect that your current
medical problems could have been caused by toxic fumes emitted during
welding, you could be entitled to compensation. To see how a Queller,
Fisher, Washor, Fuchs & Kool attorney can help you, please call (212)
contact us online for a free consultation.
Do You Have Legal Recourse?
When a construction worker suffers an onsite injury, they may be able to
file a lawsuit if the negligence of another individual or entity caused
their injury. The following elements are necessary to have a valid lawsuit:
Duty of Care: The individual or entity that caused the injury must have had a duty of
care to the victim. A duty of care is a legal obligation that an individual
or entity must adhere to while performing acts that could harm others.
For instance, general contractors have a duty of care to maintain a safe
worksite and provide equipment that functions properly.
Breach of Duty: In order to have a valid lawsuit, the individual or entity responsible
for the victim's injury must have breached their duty of care. When
a duty of care is violated, the part who breached their obligation has
acted negligently. A general contractor providing a construction worker
with faulty welding equipment would constitute a breach of duty.
Causation: The breach of duty must have been directly responsible for the victim's
injury. A breach of duty is not in and of itself grounds for a lawsuit.
If a general contractor supplies a construction worker with faulty welding
equipment, they can only be found liable if the defect in the equipment
was the direct cause of the victim's injury.
Damages: Damages must have been incurred for victims of welding accidents to have
a valid lawsuit. Essentially, a victim does not have a valid claim due
to the fact that they suffered an injury. The victim must have suffered
economic or non-economic damages to have a valid lawsuit. Economic damages
include but are not limited to lost wages, high medical bills, and loss
of union benefits. Non-economic damages include emotional trauma, loss
of life's enjoyment, and constant pain and suffering.
Construction workers who have been injured in a welding accident may have
a valid claim if their injury occurred due to the following:
- Unsafe working environments
- Inadequate protection from toxic fumes or burns
- Defective equipment
- Lack of proper warnings about dangers of the work site
- Inadequate supervision of the job site
Why Should You Hire a Welding Accident Lawyer?
To avoid conflict with the statute of limitations, construction workers
injured in a welding accident should not hesitate to contact a skilled
personal injury attorney. The statute of limitations is a law that dictates the amount of time
individuals have to file a claim following their injury. Failure to bring
a lawsuit before the statute of limitations expires can forever bar victims
from recovering the compensation they may be entitled. As a result, it
is important for victims of welding accidents to hire a law firm with
experience handling construction accident claims. At Queller, Fisher,
Washor, Fuchs & Kool, our personal injury lawyers have decades of
combined experience handling construction accident lawsuits. We file all
of our clients' claims in a timely manner.
Have you or someone you love suffered an injury in a welding accident?
If so, you may have legal recourse. You may be able to file a lawsuit
against the property owner, general contractor, or a third party responsible
for your injury. For a free consultation, call Queller, Fisher, Washor,
Fuchs & Kool, L.L.P., at (212) 406-1700 or contact us online.