Welder Work Injury
Over 35 years of experience. Over $100 million recovered for clients.
New Jersey Welder Work Injury Lawyer
Welders’ Workers’ Compensation Claims
Welders deal with dangerous machinery and intense heat as a routine part of their job. As a result, most welders face serious workplace safety risks, which can cause serious injury. While most workers will go their entire career without suffering a debilitating workplace injury, welders experience a high rate of on-the job-injuries. At the Todd J. Leonard Law Firm, our dedicated team of New Jersey workers’ compensation lawyers helps injured employees obtain the benefits they need to overcome their injuries, return to work, and get their life back on track.
Common Welder Injuries
While a welder’s job involves more than joining pieces of metal together, that aspect is one of the most dangerous parts. To do this, welders use special machinery that emits intense heat that melts metal, allowing it to create a bond once it cools. However, it is not just the machinery welder’s use that makes the job very dangerous; welders often work at dangerous heights, either on scaffolding, on the sides of buildings, or in other potentially hazardous environments.
While every occupation carries certain risks, the very nature of a welder’s job is dangerous. Some of the most common welder injuries include:
• Electrical shock – Electrical shocks are some of the most common injuries welders face. Typically, an electrical shock occurs when welders are “arc welding,” which involves melting metals by applying a live electrical current.
• Burn injuries – Welders are frequently dealing with molten metals and hot slag, which, if it comes into contact with their skin, can cause severe burns.
• Exposure to harmful fumes and gases – As metal melts, it releases potentially toxic fumes. If a welder breathes in these fumes, they can develop serious respiratory illnesses.
• Hearing damage – Welders must endure loud noises as a routine part of their job—up to 85 decibels in some cases. Any noise of more than 70 decibels over a prolonged period of time can cause permanent damage, possibly leading to partial or permanent deafness.
• Eye Damage – As welders fuse metal, it is common for small pieces of debris to be released. If this debris comes into contact with a welder’s face, it can cause permanent eye damage. Additionally, welders can experience eye arc, welder’s flash or flash burns caused by ultraviolet and infrared radiation released during the electrical arc in the welding process.
• Falls – Frequently, welders must work on scaffolding or ropes, which present the risk of a potentially life-changing fall.
At the Todd J. Leonard Law Firm, we have extensive experience representing welders in all types of workers’ compensation claims. With our help, you can effectively pursue the compensation you need to begin moving on with your life after a workplace accident.
Obtaining Workers’ Compensation Benefits After an On-the-Job Accident
Welders who suffer a workplace accident are put in a difficult place. On the one hand, unless their injuries are very serious, they may not want to take time away from work out of fear of missing out on much-needed income. However, working through even minor injuries can prevent them from healing properly and delay the healing process.
Under New Jersey law, welders injured at work must notify their supervisor as soon as possible, so a workers’ compensation claim can be opened and your rights are protected.
There are three types of workers’ comp benefits:
Temporary Total Disability Benefits
If your injury or illness caused you to miss more than seven workdays, you can qualify for Temporary Total Disability (TTD) benefits. TTD benefits are 70 percent of your average weekly wage. However, they max out at 75 percent of the Statewide Average Weekly Wage. These benefits continue until you can return to work or once you reach your Maximum Medical Improvement (MMI). You reach your MMI when you no longer benefit from additional treatment. If you exhaust your TTD benefits by reaching your MMI, you can apply for Permanent Partial Disability benefits or Permanent Total Disability (PTD) benefits.
Permanent Partial Disability Benefits
If you suffered a workplace injury that affected a certain part of your body, you can obtain Permanent Partial Disability (PPD) benefits. The amount of PPD benefits depends on which body part was injured and the extent of the injury.
Permanent Total Disability Benefits
If you cannot return to work because of a work-related injury or ongoing disability, you can seek Permanent Total Disability (PTD) benefits. PTD benefits are 70 percent of your average weekly wage and are subject to a maximum of 75 percent of the Statewide Average Weekly Wage. Initially, you can obtain PTD benefits for up to 450 weeks; however, if you cannot work at the end of the 450 weeks, you may continue to receive benefits.
How to Qualify for Workers’ Comp Benefits After a Welding Accident
The New Jersey workers’ compensation system is a program that allows injured workers to obtain payment for their medical expenses and lost wages. Because the workers’ compensation system is not fault-based, you are not required to prove that your employer or anyone else was responsible for your injuries. In most cases, you can still obtain benefits even if your own negligence played a role in your injuries.
What if My Injuries Were Caused by Another’s (Third Party) Negligence?
Due to the nature of a welder’s job, a workplace accident is often caused by the negligence of another person or business (that is, by a separate third party). For example, it is not uncommon for a welder to suffer a fall due to poorly assembled scaffolding, sustain serious injuries due to defective equipment, or be injured in a truck accident or car accident while on the job.
In these cases, an injured welder can still apply for workers’ compensation benefits. However, they can also pursue a third-party personal injury claim against the party responsible for their injuries. Bringing a personal injury claim and a workers’ comp claim is beneficial because personal injury claims allow injured welders to obtain compensation for their non-economic damages as well, such as pain and suffering.
Call us Now if You are Injured in a Welding Accident!
If you suffered serious injuries as the result of a workplace accident, contact the Todd J. Leonard Law Firm for immediate assistance. The dedicated New Jersey workers’ compensation lawyers at the Todd J. Leonard Law Firm have extensive experience handling claims on behalf of workers across all professions, including welders. We take the time to explain the process to you so you understand exactly what to expect and what benefits you are entitled to. We provide free consultations to all prospective clients. To ensure your rights are protected and learn more, speak with an experienced New Jersey Workers’ Compensation Lawyer today at 973-920-7900. You can also connect with us through our online form. There is no risk in calling because we never charge a fee unless we can help you recover compensation for your injuries. We have two conveniently located offices in Denville and Morristown, New Jersey.
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Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.