Welcome to our guide on claiming for an injury caused by welding. Welding occupations mean that the welder needs to be specifically trained as it can be quite hazardous. But this doesn’t mean that you have to shoulder the burden of an injury caused by welding if it happened due to an employers negligence.
Injuries caused by welding can take many forms. Due to the use of heat in welding, it poses a risk of causing burns, which can cause scarring and have a serious impact on someone’s quality of life.
If you’ve suffered from an injury caused by welding and it was the result of someone neglecting their duty of care to you, then you may be able to claim compensation. Our advisors could help you by assessing your claim for compensation for welding accidents that occured at work or in public.
We use an illustrative case study to explain how the process can work. We help you to understand the legal jargon and correctly ascertain who was to blame for your accident.
It’s important to note that compensation amounts are never absolutely guaranteed, and each case is decided upon individual circumstances. But we are able to use our extensive experience in assessing claims to give you an estimated value once we’ve collected enough information from you.
You can start your claim now. We’re available 24 hours a day, 7 days a week for a no-obligation chat about how we could help:
- Call our personal injury claims team right now on 0161 696 9685
- Write to us by filling out our callback form
- Speak to an advisor at our ‘live support’ option, bottom right
Select a Section
- A Guide To Claiming Compensation Payouts For An Injury Caused By Welding
- What Is An Injury Caused By Welding?
- How Can You Suffer An Injury Caused By Welding At Work?
- An Injury Caused By Welding In A Public Place
- Can I Claim Compensation For An Illness Caused By Welding?
- Key Information For Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £17,500 For An Injury Caused By Welding
- Free Legal Advice To Estimate Your Payout
- Can Victims Gain Access To No Win No Fee Policies?
- Our Experts Can Help Through Free Legal Advice
- More Resources And Guides On Injuries Caused By Welding
- An Injury Caused By Welding FAQs
In this article, we examine the duty of care that is owed to you in a variety of circumstances. Breaches in these duties of care mean that you could be eligible to seek damages from the liable party if you were hurt.
We’ll look at the duty of care that is owed to you in public, on the road and at work. We will also show you how to tell when someone has breached their duty of care towards you.
Additionally, we will look at the specifics of a welding injury and how this kind of accident can impact you in the long term. This guide will then go on to show what a typical claim for compensation might consist of. We will look at the heads of claim that a compensation claim can be made up of and how these are calculated.
After looking at the case study, which illustrates how someone can be injured in a welding accident, we will go on to examine the benefits a No Win No Fee agreement could offer you when you’re pursuing a claim. Finally, we will provide you with some resources which you may find helpful and answer some commonly asked questions relating to injuries caused by welding.
Welding can be a hazardous profession. Fusing together metal using heat requires extensive training and appropriate personal protective equipment (PPE). Protective eyewear should be worn as the flash from welding can cause blindness under certain circumstances.
Some general health risks associated with welding include:
- Eye damage (known as arc-eye)
- Manganese poisoning
- Hand and arm injury
- Inhalation of toxic fumes
Furthermore, welding in damp or wet conditions, or welding inside a metal structure, increases the risk of electrocution. Therefore, it’s really important that someone with a duty of care adheres to this duty to reduce the risk of injury.
If you’ve suffered a welding accident that was caused by the negligence of someone who owed you a duty of care, then you may be able to claim. Get in touch with our team to find out how much you could be owed or read on for more information.
Whatever your profession, your health and safety are protected under The Health And Safety At Work etc. Act 1974 (HASAWA). This outlines the expectations for your employer to ensure your health and safety while working. There are a number of ways your employer could neglect their duty of care, leading to an injury caused by welding. We will look at these below.
What Is An Employers Duty Of Care?
Firstly, all UK employers must have employers’ liability insurance according to the Employers’ Liability (Compulsory Insurance) Act 1969. This is to protect both the employer and employees in the event of a claim for negligence being made against the company. Any accident at work claim you make would be paid out from this insurance.
The HASAWA states that your employer has a duty to do all that is reasonably practicable to ensure the health and safety of their employees at work. They can do this by:
- Carrying out risk assessments so that hazards can be identified and removed or reduced
- Providing proper training to all employees
- Enforcing the use of proper personal protective equipment (PPE)
- Maintaining good housekeeping in the workplace
- Making sure that all equipment and machinery needed for the role is safe and well-maintained
The list of responsibilities that we’ve included above is not exhaustive. So if you’ve been injured in an accident at work that you believe was the result of your employer’s negligence, get in touch with us today and see if you could claim.
How Can My Employer Breach Their Duty Of Care?
Breaches in the care of duty are easy if sn employer does not adhere to the Act. Short-cuts, bad communication, and unsuitable practices can all lead to people being hurt. Typical examples of breaches of safety that result in an injury caused by welding might include:
- A lack of appropriate PPE
- Tools or machinery not maintained properly
- Poor, inaccurate or incomplete training
- Risk assessment not carried out or not acted upon
If you have found yourself suffering from injury because of employer negligence, speak to our personal injury claims team today about making an accident in the workplace claim. Or, read on to find out more about claiming for an injury caused by welding in a public place.
The law continues to protect our safety in public places, and duty of care is important everywhere we go. The Occupiers’ Liability Act 1957 is the legislation that outlines the duty of care owed to us in public places. These include businesses such as bars, restaurants and shops, as well as spaces like public parks and beaches. The Occupiers’ Liability Act also applies to streets and pavements.
The “occupier” mentioned in the Occupiers’ Liability Act is not defined in the act itself. However, it should be someone who could have reasonably been expected to predict that a hazard could lead to an accident. This person should also have the power to remove the hazard to reduce the risk of injury.
The Duty Of Care Of Those In Control Of Public Places
Under The Occupiers’ Liability Act, anyone who is in full or partial control of a public area has a responsibility to ensure that anyone using the premises for the purpose intended is safe to do so without the risk of injury or harm.
They should do this by carrying out risk assessments that can identify risks to members of the public, which can then be removed. Furthermore, they should be proactive in attending to hazards that may pose a risk.
How Can This Duty Be Breached By Those In Control Of Public Spaces?
While we do have a responsibility to ensure our own safety while out in public, there are some things that the person in control of a public space can do that can decrease the risk of harm.
If someone spills something in a public place, this could cause someone to slip and injure themselves. It’s the responsibility of the person in control of the space to ensure that all hazards are removed (or at least signposted) as soon as possible.
Risk assessments should be utilised to ensure that any risks to the health and safety of the public. Failure to undertake these assessments could result in injury to a member of the public.
Please get in touch if you have any questions about claiming for an accident resulting from negligence in a public place.
Welding can create numerous serious medical conditions. For example, ‘welders flash’, otherwise known as “arc eye”, is a burn to the eye caused by exposure to the bright lights produced by welding. Protective eyewear must be worn, as the flash can cause retina damage and even blindness under certain circumstances.
Also, manganese poisoning or ‘Welder’s Parkinson’s’ is caused by manganese, an element found in metals. Long-term exposure to this chemical can cause:
- Slurred speech
- Sleep disorders and impaired judgement
- Short term memory loss
- Nerve damage – especially facial
- Stiffness in joints
Manganese poisoning symptoms could appear several months to several years after manganese welding exposure. There is usually a three-year time limit from the date the accident occured to make a personal injury claim. However, in the case of long term conditions such as manganese poisoning, this time limit will run from the date you knew (or should have known) that your injuries were the result of negligence.
Once it has been determined that your injuries have been caused by the negligence of a third party, your solicitor can start work on valuing your claim. A claim for compensation will typically be made up of two heads: general damages and special damages.
General damages is the part of your claim that will compensate you for the impact that your injuries have had on you. It will look at the severity of your injuries and the impact they have had on your quality of life.
In order to determine the severity of your injuries, your solicitor will arrange a medical appointment for you. Here, an independent expert will examine your injuries and the impact that they have had on you. They will compile their findings in a medical report which will be sent to your lawyer.
Upon receipt of this medical report, your solicitor will be able to refer to the Judicial College Guidelines for assistance in valuing your claim. These are guideline compensation brackets for injuries of various types and severities.
The second head of damages is called special damages. Read on to find out more about what these consist of.
The special damages head of your claim can include any expense you can prove you incurred because of your injuries. Special damages can include things like:
- Lost earnings from missed work
- Loss of future earnings
- Care costs to have help while recovering
- Travel expenses to hospital or work if you can no longer drive. If you are still able to drive, you can claim for parking and fuel costs to get to and from medical appointments.
- The cost of medical treatments not available on the NHS
- Counselling or therapy to deal with mental health issues not available on the NHS
- Impact on pension or attendance bonus
- Lost deposits for future plans you can no longer attend
- Child care
In addition to these, there may be others specific to your case. Get in touch to see if you could include damages in your claim that aren’t listed above.
Mr Black was a professional arc-welder. He was accustomed to the intense heat and light generated by welding and fully aware of how hazardous it could be.
The new uniforms that his team had been given were less sturdy than the ones previously used. One day, some molten steel from the piece he was working on landed on his arm, burning through the sleeve of his uniform.
Furthermore, the legally required Class C fire extinguisher close by was empty. Water could not be used in connection with the molten lead. This meant that a colleague had to run to an adjacent room to get a working fire extinguisher, meaning that Mr Black’s injuries were more severe than they otherwise would have been.
Mr Black’s injuries
Mr Black suffered a partial thickness burn to his arm and wrist. He was off work for 6 weeks as he recovered from his injuries. During this time, he was unable to drive as it was painful for him to grip the steering wheel with his injured hand. This meant he had to pay taxi fares and public transport costs to get around.
After his injuries had healed, Mr Black was left with an unsightly scar to his arm. A keen gym-goer who was previously proud of his physique, he now felt uncomfortable leaving the house in anything other than a long-sleeved shirt. He decided to get treatment for it, as it was affecting his self-confidence.
Mr Black’s recovery period was difficult, and his injury had a big impact on his quality of life. He felt it was unfair that he had suffered from all these repercussions due to negligence on the part of his employer, so he decided to seek legal advice about making a claim. A lawyer took his case on, and Mr Black received a compensation award of £17,500, as shown in the table below.
|General damages||How much?||Special damages||How much?|
|Compensation award for significant scarring||£14,150||Loss of earnings||£2,400|
|Medical costs including painkillers and scar treatments||£200|
|Impact on bonus||£500|
|Travel costs whilst unable to drive||£250|
Mr Black’s case is an example case study that has been based on our experience of assessing compensation claims. The amount of compensation received will vary according to the specifics of your case.
We understand that you have enough to deal with as you try to recover or cope with the injuries you never asked for. The free legal advice offered by our advisors could be instrumental for you deciding whether you could be eligible to make a claim for compensation.
You may have noticed in your online search that there are many online claims calculators which offer to value your claim when you provide details of your accident. While they are able to give you a rough estimate of how much your claim may be worth, you’ll receive a much more accurate claim valuation after speaking with our team. This is because we collect information about every aspect of your claim and use it to estimate how much you could be owed.
You may have heard the term “No Win No Fee” before, but what does it mean? A No Win No Fee agreement is sometimes called a Conditional Fee Agreement. It’s a contract between you and your solicitor that sets out the conditions that need to be met before they receive payment.
With a No Win No Fee agreement, you:
- Won’t be asked to pay your solicitor any money upfront
- Don’t need to pay your solicitor while they’re working on your case
- Won’t be asked to pay your solicitors at all if your claim is unsuccessful
If you do win your compensation claim, then your solicitor’s fees will be taken from your compensation in the form of a legally capped “success fee”. This will be set out in the terms of your agreement before your claim starts, and you will always receive the majority of your compensation.
Thank you for reading our guide, and we hope that you have found it useful. Whether you have any further questions about making a claim for compensation or would simply like to get the process started today, we encourage you to get in touch by:
- Calling our personal injury claims team right now on 0161 696 9685
- Filling out our callback form
- Speaking to a member of our team at our ‘live support’ option, bottom right
In summary, we hope that this guide has helped you decide to start a claim for an injury caused by welding. Below, we have included some resources that you may find helpful.
Accident at Work Claims: If you’d like more information on making a claim following an accident at work that was not your fault, our guide may be of use to you.
Eye Injury Claims: Have you suffered from an eye injury as the result of a welding accident? If so, you may be entitled to claim. Read our guide for further details.
What Are My Rights After a Workplace Accident?– If you’ve been involved in a workplace accident that was not your fault, you may be wondering what your rights are. Read our guide to find out.
Safety risks from welding– This page from the Health and Safety Executive provides insight into the risks present when welding and how they can be reduced.
Find an NHS service by you– This feature of the NHS website allows you to look for services in your local area.
What are some common injuries to welders?
Burns from sparks and hor metal splashes, but as well as that common injury include exposure to UV light burns. Subsequently, it’s possible to suffer long-term injuries like smoke inhalation and manganese poisoning.
Can welding injuries be fatal?
Smoke inhalation is also a major problem for long-term welders. Therefore, proper PPE is essential.
How would you avoid welding-related injuries?
You can reduce the risk of welding injuries by wearing the appropriate protective equipment and ensuring that you are trained and competent. You should only weld with equipment that is safe and well-maintained.
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