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 212.406.1700 or 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
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.