Welder Accident Claims – A Guide to Claiming Compensation

While it can be said that welding can be a risky profession, if the right safety measures are adopted, welders should remain safe at work. However, if those measures are not implemented, welding accidents will happen, and they could result in very serious injuries. Crucially, if you sustain a welding injury at work because of your employer’s negligence, it may be possible to claim compensation for your suffering. To help you understand your options, we’ve written this guide about welder accident claims.

Please feel free to get in touch if you believe you should be compensated for a work-related welding accident. Our team is here to help by providing a completely free initial consultation. While you don’t need to make your welder accident claim with us, we could partner you with an accident-at-work solicitor if your case is valid. What’s more, our solicitors offer a No Win, No Fee service for all welding claims they take on.

To contact us about a welding accident claim, you can:

• Call 0333 241 2519 to speak with a specially trained advisor.
• Contact our team through our 24/7 live chat system.

If you’ve been injured while working as a welder, seeking legal advice early on can significantly improve the chances of successfully claiming compensation for your pain, suffering, and financial losses from the injury.

What Types of Welder Injuries Can We Help With?

Here is a list of common injuries that could be sustained whilst welding that could result in an accident at work claim:

• Respiratory conditions.
• Burns.
• Electric shock.
• Eye injuries.
• Repetitive strain injury.
• Hearing loss.

Even if we haven’t mentioned your injury here, please feel free to contact us.

Can I Claim Compensation as a Welder Injured at Work?

All workers, including welders, are owed a duty of care by their employers. This means that they must take preventive measures to try and ensure the well-being of their staff while working.

Laws that can be used to prove this duty of care in welding accident claims include the Provision and Use of Work Equipment Regulations 1998 (PUWER), the Personal Protective Equipment at Work Regulations 1992 and the Health and Safety at Work etc. Act 1974.

To help meet their obligations according to these laws, those who employ welders must:

• Carry out regular checks (risk assessments) to try and create as safe a workplace as possible, i.e., removing flammable objects from welding areas.
• Train all welders on how to complete their role as safely as possible.
• Provide free protective equipment where required that is readily available and fits the welder properly.
• Ensure that all welding equipment is fit for purpose, properly maintained and suitable for the task at hand.
• Implement proper ventilation to reduce the risk of welders being overcome by fumes.

As such, you could claim compensation for a welding accident if:

• You were owed a duty of care by your employer at the time of your accident.
• You had a welding accident because your employer was negligent.
• As a result of the accident, you have been injured or made ill.

It is important, of course, to prove all of the above if you’re to be compensated. Therefore, you will read about what evidence you could use to help you claim welding injury compensation a little later in this guide.

What Types of Negligence Can Cause Injuries to Welders?

Here we’ll look at some common situations where you could be entitled to seek welding accident compensation because your employer failed to meet their duty of care:

• Your welding equipment wasn’t properly maintained, causing a sudden electrical fault that resulted in severe burns to your hands.
• You suffered flash burns to your eyes because you weren’t trained on how to use your welding mask correctly.
• Over a prolonged period of welding work, your employer failed to provide proper fume extraction, leading to lung disease caused by inhaling hazardous welding fumes.
• You were seriously injured when a colleague using a cutting torch nearby wasn’t properly trained, causing a fire that spread to your workstation.
• You developed hearing damage after long-term exposure to loud welding and grinding work because your employer didn’t provide suitable ear protection.

These are all examples of employer negligence that could justify a welding accident claim. If you believe that you are entitled to compensation, call our legal advisors now for free advice about your options.

What Should I Do If I’m Injured in a Welding Accident at Work?

If you’re hurt during welding work, there are a few important steps to take:

• Get medical attention straight away. Even minor burns, inhalation injuries or eye damage can worsen without proper treatment, so it’s vital to be assessed as soon as possible.
• Report the accident to your employer as quickly as you can. Make sure the incident is logged in the accident book and request a copy of the report for your own records.
• Gather any evidence you can that can help prove your claim, if it’s safe to do so.

Following these steps can support your recovery, help your employer prevent similar welding incidents and make things easier if you later decide to pursue a welder accident claim.

What Evidence Can Be Used for Welding Accident Claims?

If you decide to claim for a welding accident at work, your employer will probably refer you (or your solicitor) to their insurance provider. Generally, insurers don’t pay compensation unless there is compelling evidence to prove liability and the extent of your injuries.

To build a strong welding accident claim, you should try to gather:

• Medical evidence: Doctor’s notes from A&E or your GP can go some way to proving the extent of your injuries.
• Video footage: If your accident was caught on CCTV or any other recording device, request a copy of the incident before it is deleted.
• Witness details: These can be helpful if statements are needed during the claims process.
• Accident report forms: These are very handy because they prove the date, time and location of the welding accident.
• Photographic evidence: Pictures from the accident scene can help to identify any problems that caused your accident. They can also demonstrate the extent of any visible injuries.

If you’d like us to check if you can claim compensation for welding injuries, you don’t need to have all of the information listed here. If your case is deemed to be suitable and it is accepted by one of our solicitors, they could arrange to gather further evidence to prove your case as part of their service.

How Long Do I Have to Claim Compensation for Welding Injuries?

There is usually a 3-year time limit for welding accident claims in the UK. This is a requirement of the Limitation Act 1980.

The date that the time limit begins can vary. For example:

• You’ll have 3 years to claim from the date of the accident if your welding injuries are obvious immediately.
• For conditions that take time to develop, such as RSIs or industrial diseases, the limitation period can begin from your date of knowledge (when your injury was diagnosed or you first realised it was work-related).

While 3 years sounds like plenty of time for accident at work claims, it is normally best to begin the process as early as you possibly can. There’s plenty of work to do before a welding compensation claim is filed, and your solicitor will need time to collect witness statements, medical records and other types of evidence.

How Much Compensation for a Welder Injured at Work?

The level of compensation awarded in welding accident claims varies from case to case. It will, however, normally be based on general damages (for your pain, suffering and discomfort), and special damages (for any expenses, financial losses or costs caused by your welding injuries).

Examples of special damages:

• Rehabilitation costs and medical expenses.
• Travel expenses (to cover hospital appointments, for instance).
• Care costs, i.e., to cover the time of a family member who supported you while you were injured.
• Home adaptation costs if you’ve suffered a serious injury resulting in permanent disability because of the welding accident.
• Lost earnings and future loss of earnings if you cannot earn at the same level in the future because of welding injuries.

If you are offered any form of compensation following a welding accident at work, you should check that it covers:

• Any suffering you’ve already experienced.
• Any future suffering you’ll have to endure.

That’s because you will not be able to claim further compensation once you’ve settled the claim. Your accident-at-work solicitor will ensure that you are properly compensated before any settlement offer is accepted.

Do You Need a Solicitor for a Welder Accident Claim?

A solicitor who specialises in workplace accidents can normally make claiming compensation for a welding accident at work much easier than going it alone. They could also give you a better chance of receiving a suitable amount of compensation for your injuries.

Here are some of the ways an accident-at-work solicitor on our team could help you if your welding accident claim is taken on:

• Evidence collection and vetting.
• Speaking to witnesses on your behalf.
• Filing your claim with your employer correctly and on time.
• Handling all communication and negotiations throughout the claims process.
• Sending out regular updates so you know how the case is progressing.
• Fighting to secure as much compensation as possible.

Crucially, if your welding accident claim is taken on, everything will be done for you on a No Win, No Fee basis. As such, you’ll be asked to sign a Conditional Fee Agreement (CFA).

The CFA is an agreement that means you don’t pay for your solicitor’s work upfront, and you don’t pay for their services if the claim is lost.

Essentially, signing a CFA means that you agree to allow your solicitor to deduct a success fee from any compensation you are awarded. In law, this is capped at 25 per cent of any settlement you are paid.

Making a welding accident at work claim on a No Win, No Fee basis makes it much less risky to take on legal representation, as you will only pay for it if you are compensated.

Will I Have to Go to Court?

In our experience, workplace accident claims do not go to court very often. That’s partly because our panel of solicitors only take on claims with a reasonable chance of success, and partly because insurers will normally try to avoid the cost and time associated with court cases.

However, a claim can end up in court if your solicitor believes that a settlement offer is too low or your employer will not accept liability for your accident.

Contacting Us About a Welding Accident Claim

If you or a loved one has suffered welding injuries at work and you want to know if you’re entitled to compensation, you can:

• Phone 0333 241 2519 to speak to an advisor now.
• Connect to our online chat service (available 24 hours a day).

Our consultation is free, and you’ll be under no pressure to take things any further if you don’t want to. Additionally, our panel of solicitors offer a No Win, No Fee welder accident claims service for any case they agree to work on.