Recovering Compensation After Exposure to Hazardous Fumes While Welding in New York
If you're a welder who has gotten sick from exposure to hazardous welding fumes on a construction site, you may be entitled to compensation. At Hofmann & Schweitzer, our experienced New Jersey and New York construction accident attorneys understand the challenges you face, and we are here to support you through every step of the recovery process.
Understanding the Dangers of Hazardous Welding Fumes
Welding fumes contain a mix of hazardous metals and gases that can pose significant health risks to those working around them. The metals in these fumes include aluminum, cadmium, lead, manganese, and nickel. The gases range from shielding gases like argon and helium to toxic substances such as carbon monoxide, ozone, and phosgene.
Several factors influence the level of exposure a worker faces, including:
- Type of welding process
- Composition of the base and filler metals
- Work environment-whether it's outdoors or in an enclosed space
- Welder's practices
- Air movement and the use of proper ventilation controls
Exposure to hazardous welding fumes and gases can lead to various health problems. While you might experience immediate symptoms like eye and throat irritation, dizziness, or nausea, the long-term effects can be much more severe.
Welding-Related Illnesses
Some potential illnesses related to exposure to hazardous welding fumes include:
- Lung damage. Prolonged inhalation of toxic fumes can cause chronic respiratory issues and decrease lung function.
- Cancer. Some welding fumes contain carcinogens. Exposure can increase the risk of developing lung cancer and other cancers.
- Metal fume fever. This flu-like condition is caused by inhaling certain metal oxides, leading to symptoms like fever, chills, and muscle aches.
- Stomach ulcers. Prolonged exposure to certain welding fumes can irritate the stomach lining, leading to ulcers.
- Kidney damage. Some toxic metals can accumulate in the kidneys, causing long-term damage and affecting kidney function.
- Symptoms similar to Parkinson’s disease. The CDC reports that exposure to manganese, a metal found in some welding fumes, can lead to neurological symptoms similar to Parkinson’s disease.
- Suffocation risks. Gases like carbon monoxide can displace oxygen, posing a severe risk of suffocation, especially when welding in confined spaces.
New York Law Protects Welders
If you are a welder, it is your employer’s responsibility to protect you by providing adequate ventilation, safety gear, and thorough training. 12 NYCRR Section 23-1.8 outlines the responsibilities of employers, owners, and contractors to provide personal protective equipment (PPE) such as eye protection, respirators, and protective apparel. This legal requirement is in place to ensure that all necessary precautions are taken to protect workers from the hazards associated with welding and other construction activities.
12 NYCRR 23-1.25 provides further requirements that employers must meet to protect welders on New York construction sites. The regulation establishes:
- Specific provisions for using compressed gas cylinders, hose and hose connections, and torches
- How employers should protect welders from fires and explosions
- When welders should be provided with scaffolding, eye protection, and protective apparel
How We Can Help You Get the Compensation You Deserve
At Hofmann & Schweitzer, we know how overwhelming it can be to deal with a construction accident injury caused by hazardous welding fumes. As experienced lawyers in New York construction law, we're here to help you through this challenging time.
We will conduct a comprehensive investigation into the circumstances surrounding your welding accident. Our team will gather all the important evidence—like safety records, accident reports, and anything else that is relevant to your claim. We will also interview witnesses who can shed light on how your injuries occurred and consult with medical experts to make sure your injuries are fully understood and properly documented.
We encourage you to visit our website and explore our case results and testimonials. While every case is unique, our proven track record speaks volumes about our dedication and success in helping injured workers like you. One of our clients, Alex V., said this about working with us, “I was a welder who got seriously injured on a construction site. As an alien in this country, I was afraid of contacting anyone about my accident. I wasn't familiar with my legal rights and one of my co-workers told me to talk to a lawyer at Hofmann & Schweitzer. They had Spanish speaking people at their office who helped me and kept me informed during the process. I was happy how the matter was resolved. I would recommend them to anyone who is seriously injured like I was. I had very serious injuries and the compensation they obtained for me will help me survive."
