Welding accidents can cause devastating, sometimes even fatal injuries, and victims deserve a lawyer who will advocate for their full and fair recovery, explain what their recovery options are, and handle everything involved with preparing a case.
Report a welding accident right away and treat your injuries. Then you can seek damages, likely through a Workers’ Compensation claim if you were injured on the job. Defective welding tools and safety equipment make manufacturers liable, letting you file a lawsuit that also covers non-economic damages, not just the economic damages that Workers’ Compensation claims cover, which is why our lawyers pursue lawsuits instead.
Call the Rhatigan Law Offices at (312) 578-8502 for your free case analysis from our welding accident attorneys.
What to Do After a Welding Accident
Your response after a welding accident can affect your future case. Prioritize informing your boss of what happened and getting immediate medical attention for any injuries.
Report the Accident
You have 45 days after a welding accident at work to report your injury to your employer in writing. You should inform them sooner than that as well and report the accident right away. Make sure management is aware of what happened before you leave to get medical attention.
Treat Your Injuries
The most important thing to do after a welding accident is to treat your injuries. Bad burns and electric shock injuries are very serious and sometimes even fatal. Delaying medical attention could not only worsen your injury, but it could also complicate your case.
Seek Damages
In general, employees have 3 years to pursue formal Workers’ Compensation claims for welding accidents and 2 years to file third-party lawsuits or claims against employers for failing to provide coverage or causing intentional injuries. Our welding accident lawyers can see if any exceptions apply to your case that extend the deadline for a Workers’ Compensation claim or a personal injury lawsuit.
What Kind of Claims Can You File for a Chicago Welding Accident?
Our attorneys can explain which recovery methods are available to you and which can result in maximum compensation. We can also worry about preserving evidence and preparing your case while you focus on your physical health and recovery.
Workers’ Comp Claim
In general, Workers’ Compensation is the exclusive remedy for holding employers liable for work-related injuries in Chicago, including welding accidents. If someone else is liable, Workers’ Compensation is not the exclusive remedy, and our lawyers can help you pursue a lawsuit instead.
Third-Party Claim
You can file a third-party claim for a workplace welding accident if another party is liable for producing the defective product that injured you, such as the manufacturer of the protective gear you were wearing or the welding tools you were using.
Claim Against Your Employer
Workers may sue their employers directly for injuries resulting from intentional harm from your employer in Chicago, though this is rare. If your employer does not have Workers’ Compensation as required by law in Illinois, you may also sue for damages.
FAQs About Welding Accidents
Where Do Most Welding Accidents Happen?
Most welding accidents occur at work, particularly in industrial, construction, and manufacturing environments. Welding in confined spaces, on elevated surfaces, and while using defective equipment or protective gear increases the risk of injury.
How Do Most Welding Accidents Happen?
Top causes of welding accidents include defective equipment, poor safety training, and ineffective safety equipment. Electric shock, fires, and toxic fume inhalation also lead to injuries and medical complications that warrant damages.
What Are the Top Welding Accident Injuries?
Some of the top welding accident injuries include burns, eye injuries and vision loss, respiratory issues, lacerations, contusions, and electric shock, which can be fatal.
How Do You Report a Welding Accident?
You should report an on-the-job welding accident to your employer as soon as possible. Illinois gives workers 45 days to report injuries to their employers and remain eligible for Workers’ Compensation benefits in Illinois.
What Medical Care Do You Need After a Welding Accident?
The medical care you need depends on your injuries. Still, you will most likely have to go to the hospital and get ongoing care for burns, eye injuries, and deep lacerations. Surgery, physical therapy, and follow-up appointments are also sometimes necessary after welding accidents.
What Medical Records Do You Need After a Welding Accident?
Your medical records must convince your employer’s Workers’ Compensation carrier that you were injured at work and did not intentionally harm yourself. Tell us where you were treated after the incident, and we can get medical records on your behalf.
What Doctors Should You See After a Welding Accident?
You have the right to choose your own doctor, and do not have to choose from an employer-approved list. You may be referred to specialists after going to the emergency room, and you should seek the care you need to reach maximum medical improvement.
What Evidence Do You Need to Prove a Welding Accident?
For welding accident cases, our lawyers can use photographs of the accident location and aftermath, witness statements, medical records, and equipment maintenance and inspection records. Your testimony can also be strong evidence.
How Do You Prove Your Damages from a Welding Accident?
Our attorneys prove damages using income records and medical bills. Workers’ Compensation claims cover all necessary medical expenses, but only some lost wages, and no non-economic damages. If you file a third-party claim, you can sue for all economic and non-economic damages.
What is the Statute of Limitations to Sue for a Welding Accident in Illinois?
The personal injury statute of limitations for injuries from welding accidents in Illinois is 2 years. For a formal Workers’ Compensation claim, workers have 3 years from the date of injury or 2 years from the last benefits payment, whichever is later.
Call Us After a Welding Accident in Chicago
You can get help with your case by calling the Rhatigan Law Offices at (312) 578-8502 to discuss your case for free with our welding accident lawyers.
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