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Attorneys Helping the People Injured By A Welding Accident

A job-related injury can be the result of a single incident or the culmination of repeated exposure to a dangerous activity or substance. A single-incident workplace injury, for example, could occur on a construction site when a person is burned in a welding explosion or accident. Whether the injury was your fault or due to another persons negligence this is a job-related injury and Fears & Nachawati can help. Our welding accident lawyers offer free consultations and will take the time to discuss the details of your case.

Welding can be a very dangerous job, and is often the cause of accidents on construction sites. This is especially true when you think about the more than 500,000 workers that are injured annually from welding, cutting and braising. The risk of fatal injury is more than four deaths per thousand over a working lifetime. There are regulations put in place for the protection of the worker and the job requires use of safety protection. Employers are the ones who determine if the job is hazardous enough to warrant protective equipment.

The hazards of welding are many and can be very serious. The ultra violet rays emitted by the welding process can give a very bad burn to not only exposed skin, but also to the lens of the eye. There are UV rays in welding and can cause what is called “arc eye” which many welders have suffered from. This is usually caused by direct exposure of UV rays to the eye. Using a welder’s mask properly can eliminate this. Of course there is always the possibility that exposure to constant intense welding light can have long lasting affects on your eyes.

Any employer of a welder is expected to inspect all aspects of the work place and address them. OSHA requires that a work place be safe and free from hazards. It is up to employer to determine this and keep you safe. There are laws in place designed to keep you safe on the job and if these are not met by the employer and you do suffer a welding accident, then you have a right to sue the general contractor or owner for the injury and lost wages. Depending on how severe the injury is, this could mean that you will be disabled from months to years and maybe a lifetime.

If you do have a serious accident, then you should enlist a lawyer from the beginning as they are quite qualified to investigate and determine who is at fault for the accident. Then they will proceed on a legal grounds to make sure your needs are met during your recovery. This can mean a great deal to someone that’s been hurt, especially financially. Not only you will be suffering as it will be your whole family if what was a steady income up to now is disrupted with medical bills on top of that. This has been the ruin of many families who couldn’t get through the stress and strain of the tremendous change that has taken over their lives. This can be remedied with a welding accident lawyer, who will know what has to be done to get you through this ordeal.

There is also another aspect of this and that is if a loved one loses their life due to a welding accident. The legal actions are a bit different, but the outcome will be the same. Your family is left alone without you and without your income this could prove devastating for many. Your spouse is entitled to hire a lawyer and sue for wrongful death if it was due to the owner’s or general contractor’s negligence. Your family could end up well protected if they hire a lawyer and pursue the course that he/she advises. Again he/she will investigate to ensure that he can represent you to the best of his ability so your family will receive what they deserve. To your family this could mean a matter of life and death for them, especially if there are young children involved. They not only have to grow up without your presence, but will also be facing college in the future, which is probably something you would have provided for them if the welding accident had not occurred

If you are unsure as to whether your welding accident is a viable case, you may visit one of our offices (located throughout Texas in Austin, Dallas, Houston, Fort Worth, and San Antonio) for a free consultation in which we will review the details of your accident with you and, hopefully, work toward a fair and just solution.

A jury awarded an injured welder $8.4 million in damages for an injury he received to his foot while working in Freeport. The victim, Ignacio Llamas, will receive at least $4.2 million as a result of a settlement and the award made in the negligence lawsuit.

The accident occurred in February of 2007. Llamas was welding when a molten piece of metal broke loose. The piece of metal burned through his protective clothing and slid down into his boot, burning his foot.

The jury found that three companies shared responsibility for Llamas’ accident. Certified Safety Specialists was assigned 50% of the blame, meaning that they will pay half the amount awarded by the jury. Altair Strickland was assigned 19% of the verdict; while Turnaround Welding Services was assigned 30%.

The jury did find that Llamas bore some responsibility, assigning him 1% of the blame.

One of the two contractors, Altair Strickland, entered into a settlement with Llamas just before the jury returned with its verdict. As a result, only one of the contractors, Certified Specialists, will be held to the jury’s verdict.

Because Turnaround Welding Services participates in the workers’ compensation program, the company will not have to pay out on the verdict.

According to allegations made in the lawsuit, those involved in the lawsuit were negligent because Llamas was not wearing the leather boots typically worn by welders. Normally, a welder’s pants fit over top of their boots. The rubber boots, by contrast, fit over top of Llamas’ jeans, leaving a gap for the molten metal to fall down his boot and onto his foot.

According to the lawsuit, Llamas’ injury was made worse when a Certified Safety Specialist employee told him to go to another doctor who did not properly treat him. Llamas developed an infection and was required to go to a burn unit.

For more on this negligence lawsuit that originated from a workplace injury, click here to read the complete article.

If you are unsure as to whether your welding accident is a viable case, you may visit one of our offices (located throughout Texas in Austin, Dallas, Houston, Fort Worth, and San Antonio) for a free consultation in which we will review the details of your accident with you and, hopefully, work toward a fair and just solution.

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