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Anyone in the construction industry is at risk of suffering a serious injury. However, welders are at particular risk of severe job-related injuries. There are many different causes of welding accidents that can result in catastrophic injuries. Regardless of what caused your injuries, you may have different legal options to claim compensation with the help of a dedicated accident attorney in Buffalo, NY.
What Causes Welding Accidents in Buffalo, NY?
Because welding is a hazardous occupation, the Occupational Safety and Health Administration (OSHA) has issued several regulations to prevent accidents and protect welders. The OSHA regulations require companies to maintain a safe work environment, and they are as follows:
- Provide safety masks and eye protection
- Make sure all welders wear protective footwear
- Implement fire prevention techniques
- Provide adequate ventilation in workspaces
- Conduct and cooperate with regular inspections
Claiming Workers’ Compensation After a Welding Accident
Workers’ compensation in New York is a no-fault system. This means that even if you caused or contributed to the accident, you are still entitled to receive benefits. You are eligible for these benefits if you are classified as an employee, your injuries were sustained during the course of employment, and you notified your employer within 30 days of sustaining the injury.
While the workers’ compensation system is intended to protect employees in New York, it has limitations. For example, you cannot recover full wages under workers’ comp. The system covers only two-thirds of your weekly wage, and there are caps on the amount of wage-loss benefits available each week. Benefits will cover all of your reasonable medical expenses and provide permanent disability benefits if the injury is permanent.
In exchange for workers’ compensation benefits, you forfeit the right to sue your employer, even if they were the cause of your injury.
Filing a Personal Injury Lawsuit After a Welding Accident
Although you may not be able to sue your employer after a welding accident, you can file a lawsuit against any third party if they caused your accident. Known as personal injury lawsuits, these cases offer some advantages over workers’ compensation.
For example, while non-economic damages such as pain and suffering are not available in the workers’ compensation system, you can claim them through a personal injury claim. You can also recover all of your lost wages. On the other hand, these cases can be more complex, as you must prove the third party is to blame for your injuries, and you have a very limited amount of time to file your claim. It is always important to work with a welding accident attorney in Buffalo, NY.
Our Accident Attorneys Can Determine the Right Option for You
If you have been injured while on the job, do not move forward on your own. At Sawers & Sackel, we can help you determine which legal option is right for you and guide you through the process to obtain the compensation you need. Contact us online or call us today at 716-456-8962.