What are Welding Fumes Injury Claims?

Welding fumes injury claims are legal civil actions for compensation which can be made when you have been diagnosed with a welding-related injury and the employer for who you are working has a responsibility for your health and safety and has failed in his or her “duty of care” to prevent a welding fumes injury from occurring in the workplace.

Welding fumes injuries such as chronic bronchitis and occupational asthma can develop when there is inadequate ventilation in the working area or breathing apparatus is not supplied. Acknowledged as industrial diseases which can affect workers for the rest of their lives, employers have a “duty of care” to identify the risk of a welding fumes injury and take steps to eliminate the conditions which cause it.

What is meant by an Employer´s “Duty of Care”?

In order to justifiably claim compensation for a welding fumes injury, it has to be proven that your employer was negligent by failing to identify the risk of a welding fumes injury and introduce working practises to prevent a welding fumes injury occurring. When your employer´s negligence in failing to make your work environment safe has resulted in you sustaining a welding-related injury, this breach in their duty of care makes your him or her liable for your injuries and gives you the right to make welding fumes injury claims for compensation.

Some employees are apprehensive about making welding fumes injury claims for compensation against an employer – especially when the employee has developed a good working relationship over a number of years. Most employers are genuinely distressed that their lack of care has resulted in a welding-related injury, but it is their insurance company which pays compensation for a welding fumes injury, and you should not be concerned about damaging your position at work or the company´s financial status by making welding fumes injury claims for compensation.

Your Health Comes before a Welding Fumes Injury Compensation Claim

When making a claim for a welding fumes injury, in addition to establishing that your employer was in breach of his or her duty of care, it is also important to prove that their negligence resulted in an injury. Consequently it is vital that, after the first symptoms of a welding-related injury developed, you received professional medical attention as soon as possible. By working through the pain, or administering pain relieve medication at home, your welding fumes injury will not have been recorded in your medical records.

Furthermore, by failing to seek medical attention at the first practical opportunity, your employer – or more frequently, their employer liability insurers – could claim that you made your welding fumes injury worse by your own negligence. If this is the case, you will still be entitled to make welding fumes injury claims, but how much compensation for a welding fumes injury you receive may be reduced to reflect your own lack of care.

Making Compensation Claims for a Welding Fumes Injury

Once it can be determined that you have suffered a welding fumes injury due to an employer´s breach in his or her duty of care, you can make compensation claims for a welding fumes injury. The procedure for claiming compensation for a welding fumes injury is that your lawyer will write to your employer, advising him or her that you are making a claim for being injured due to your working conditions, and your employer – or more frequently, their liability insurers – then has 90 days to conduct their own investigation into your welding fumes injury and advise your lawyer whether they will accept liability for your claim.

If liability for your welding fumes injury is accepted by your employer, your lawyer will liaise with their liability insurance company to obtain the maximum possible settlement of compensation for a welding fumes injury. Should liability for your injuries be contested, your lawyer will issue court proceedings – an action which often initiates an offer of welding fumes injury compensation from the company´s liability insurers, who may be reluctant to take a chance on the outcome of your welding fumes injury compensation claim and keen to save money on potential court costs.

As offers of settlement for welding fumes injury claims may be made to you directly by the insurance company, it is advisable to be aware of how much compensation for a welding fumes injury you may be entitled to in order that you do not inadvertently accept an inappropriate offer and are undercompensated. Should you accept an offer of welding fumes injury compensation which is inadequate for your needs, you cannot go back to the insurance company and ask for more!

How Much Can I Claim for a Welding Fumes Injury?

How much compensation for a welding fumes injury you will be entitled to receive will depend on the nature and severity of your injury in relation to your age, sex and general state of health prior to your welding-related injury developing. The way in which the welding-related injury affects your quality of life will also be taken into account, and it is advisable that you maintain a diary in order to record the occasions when you are unable to perform day-to-day tasks or participate in leisure and social pursuits as a consequence of your welding fumes injury.

Any expenses you have incurred for medical treatment can be recovered in a claim for a welding fumes injury, along with any costs for alternative forms of transport if you are unable to drive and any loss of earnings if the injury you sustained prevents you from working. Consequently, no two welding fumes injury claims are the same – even when the severity of one injury is identical to another – and this is a good reason why you should always seek professional legal advice when making welding fumes injury claims for compensation.

“Contingency Fee” Welding Fumes Injury Claims

Most lawyers will offer a free initial assessment of your welding-related injury, and advise you whether you have a claim for a welding fumes injury compensation which is worth your while to pursue. Should you have a welding fumes injury claim which has a strong probability of success, you will be offered legal representation on a “Contingency Fee” basis.

“Contingency Fee” welding fumes injury claims enable you to pursue compensation for your injuries without having to worry about lawyer´s fees if your claim for welding fumes injury compensation is unsuccessful. However, as you may be liable for your employer´s legal fees if your case is lost, lawyers offering “Contingency Fee” welding fumes injury claims will want to know of any legal fees insurance you may have attached to a household contents or car insurance policy and will recommend that you to take out additional protection if necessary.

Free Legal Advice about Welding Fumes Injury Claims

If you have been diagnosed with a welding-related injury due to the conditions in which you work, you are invited to call our freephone service and discuss how your welding fumes injury developed directly with an experienced work injury lawyer. Our lawyer will provide you with practical and helpful advice which is relative to your personal situation and answer any questions you may have about claiming compensation for a welding fumes injury.

There is no obligation on you to proceed with a claim for welding fumes injury compensation once you have spoken with us and all conversations between yourself and our lawyers are completely confidential. We would advise that you speak with us as soon as possible after you have received professional medical attention following diagnosis of your welding-related injury to maximise the likelihood of a successful claim for a welding fumes injury at work.

Additional articles about work injury compensation claims: industrial injury claim, subcontractor injury claim, falling debris compensation claims.