Long Island Welding Accident Lawyer
When you’re facing a work-related injury, you could be concerned about your career, your health, and your future. You may even wonder if you’ll ever return to work. With all of these pressures, you shouldn’t have to deal with an injury case alone. You could seek workers’ compensation benefits or file a lawsuit—and Shulman & Hill can help.
Let our welding accident attorneys on Long Island, NY, explain your next steps. We know how to get results for victims of work injuries, including welding injuries. We can put our experience to work for you and go after the best possible results. Contact our team today to get a free case review.
Is Someone Responsible for My Welding Injury on Long Island, NY?
In certain situations, someone else could bear liability for your welding injury. An attorney from Shulman & Hill can explain if you have legal options.
A Long Island welding accident lawyer at our firm can determine if you are entitled to:
Bring a Third-Party Injury Case
Workers in New York state generally cannot file a lawsuit against their employer if they get workers’ compensation benefits. However, they could file a lawsuit against a negligent third party. Negligent parties could include:
- General contractors
- Equipment manufacturers
- Property owners
- Engineers or architects
To illustrate, a worker could be completing a welding job on a project managed by a general contractor. If the contractor supplies poorly maintained equipment for the job and the worker gets hurt, the contractor could bear liability.
In such cases, a worker may be able to file a third-party injury lawsuit against the contractor and seek workers’ compensation benefits.
Seek Workers’ Compensation Benefits
Most workers, including welders, can seek workers’ compensation benefits after an on-the-job accident in New York. A workplace injury consists of a physical injury or illness that directly results from your work duties or environment. The New York State Workers’ Compensation Board (WCB) has specific requirements for injured workers to get benefits.
You could receive lost wages, medical care coverage, or survivor benefits as a late worker’s surviving family member.
What Results Could I Get After a Welding Accident in New York?
Welding accidents can prove life-changing. You may face months missed from work, chronic health concerns, and the need to change careers. Because welding injuries can be so serious, you could receive compensation for your hardships and losses.
Your potential compensation depends on the specific facts of your case, such as how seriously you were injured, how long you’ll miss work, and other factors.
However, if you file a third-party injury lawsuit, you could receive a recovery for:
- Lost income: For the paychecks or other forms of earnings you could not make due to your injuries
- Reduced earning capacity: For the reduction in your future ability to earn income as you did before your injury
- Medical bills: If you need medications, medical devices, diagnostic testing, surgeries, hospitalizations, physical therapy or rehabilitation, or other care
- Pain and suffering: For injured workers who face significant pain or emotional challenges
- Reduced enjoyment of life: If you can no longer enjoy your usual hobbies or activities
- Scarring and disfigurement: If your appearance is permanently changed after the injury
Other types of damages could be available.
Understanding Workers’ Compensation Benefits
Workers’ compensation benefits can compensate you for your medical bills and wage losses over a short- or long-term period. Benefits comprise:
- Lost wages: After seven days of missed work or a reduction in earnings following the injury, you can get lost wages. This consists of a partial wage replacement calculated based on your average weekly wages and the severity of your injury.
- Healthcare: Essentially, if medical care is necessary to treat your work injury, it could be covered by workers’ compensation. You’ll need to work with a board-authorized provider, with some exceptions. (WCB)
As noted, if you lost a family member to a work-related injury, you could also receive survivor benefits. They can help you receive a portion of your loved one’s previous wages and funeral and burial expenses.
Understanding your eligibility for benefits and getting all the benefits that you may deserve can be challenging. Our NY welding accident lawyers can help you navigate it all.
An Attorney at Our Firm Can Help You After a Welding Accident in New York
Handling the challenges of a workers’ compensation claim or an injury lawsuit can be more than most injury victims want to deal with. You can hand over the major tasks related to your case to us. Our personal injury attorneys can:
Explain What to Expect From a Welding Accident Case
There’s a lot to know when you’re facing a work-related injury. We can explain:
- New York state laws that may affect your case
- How the benefits process works
- What forms and supporting documents you need to seek benefits
- What happens when we file a lawsuit
- How to prepare yourself for any necessary hearings or a trial
- Important deadlines in your case
- When you could see a resolution
- The steps involved in appealing a denied claim for benefits
Determine How Much You Could Seek in Your Case
We typically start by investigating what happened, who could bear liability, and how the injury affected you. Our lawyers can use evidence such as medical records, statements from your doctors, eyewitness testimony, your employment records, and more.
Once we understand your case’s facts, we can tell you how much you could seek in workers’ compensation benefits or from a third-party lawsuit. We can then fight for that amount if your workers’ compensation claim is denied or during legal proceedings.
Help You Submit a Claim or File a Lawsuit
Our welding accident lawyers on Long Island can help you with all the red tape, the forms, and the legalese.
For workers’ compensation claims, we can tell you what types of documentation you need to submit a claim, review your documents, and ensure your paperwork is in order. If your claim gets denied, we can explain why and help you take the next steps to appeal.
If we file a lawsuit, we can handle everything involved, including submitting court paperwork, preparing evidence, speaking with the liable party’s lawyers, representing you at court appearances, and at trial if necessary.
Help You With Any Roadblocks and Protect Your Rights
We would like to say that getting the compensation you need after a welding accident is always easy. However, we know that the liable party may try to make certain defenses. Your workers’ compensation claim could get denied.
We’ve seen it all, and we know how to help you. Our attorneys can push back against common claims and defenses, such as:
- Your injuries aren’t serious.
- You weren’t injured at work, but from some other incident.
- The liable party isn’t responsible for your injury.
- You made your injuries worse by neglecting your treatment.
You shouldn’t have to deal with these roadblocks on your own. Shulman & Hill can take them on for you.
Common Causes of Welding Accidents in New York
Welding, brazing, and cutting metal can come with significant risks—and for this reason, it’s crucial to practice property safety techniques and use personal protective equipment (PPE). This may include using safety glasses, welding helmets, or an exhaust ventilator when using certain chemicals. The appropriate PPE depends on the welding or cutting job type, the type of material involved, and other factors.
However, even when workers do everything they can to protect themselves, accidents can happen. According to the Occupational Safety and Health Administration (OSHA), some of the most common causes of welding injuries include:
- Eye damage
- Electrical shocks
- Crushed extremities
- Welding fume inhalation
Each of these types of injuries can come with unique complications. For example, welding fume inhalation can be especially serious. It may lead to nose and throat irritation, and long-term exposure can even cause cancer. (OSHA)
Injured Worker Statistics in the U.S. and New York
In 2020, there were 1,176,340 nonfatal injuries and illnesses that led U.S. workers to miss at least one day of work. Of these cases, 33% were related to illness, including the COVID-19 virus, per the U.S. Bureau of Labor Statistics (BLS). New York State saw 129,000 injuries and illnesses reported for 2020. (BLS)
Serious welding injuries are regularly reported to OSHA.
Shulman & Hill Offers Free Case Reviews for Welding Accident Injury Victims
Contact our team today to understand how to move forward after a welding accident. Our welding accident attorneys on Long Island, NY, know how to go after the results you need and deserve. We can seek workers’ compensation benefits or help you file a third-party injury lawsuit.
We offer free, no-obligation case reviews so you can readily learn your options. Call now to find out what comes next for your financial recovery: 516.613.3196.
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Everyday working people often struggle to afford top-tier legal representation. To ensure equal access to justice, we work on a contingency-fee basis. You pay no attorneys’ fees unless we achieve a settlement or verdict in your case.
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