His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.
The Risks of Welding in New York City Construction
Welding is one of the most dangerous professions within the construction industry, an already high-risk field. Welders work in hazardous environments, exposed to extreme heat, dangerous fumes, high electrical currents, and combustible materials. According to Industrial Safety & Hygiene News, working with figures from OSHA studies, an estimated 1 in 250 construction workers will succumb to a welding-related injury.
With over 500,000 welders employed across the United States, this means that approximately 2,000 welding fatalities will occur within our lifetime. In addition to fatalities, thousands of welders will suffer from life-altering injuries and occupational illnesses resulting from exposure to toxic fumes, burns, and accidents involving faulty equipment.
Given these dangers, injured welders and their families should receive strong legal representation to obtain financial compensation for medical bills, lost wages, and pain and suffering. A seasoned welding accident lawyer in New York can help deal with the complexities of personal injury claims, ensuring that victims receive the justice and financial recovery they need.
Michael Lamonsoff: The Bull of New York Personal Injury Law
Michael Lamonsoff, also known as “The Bull,” is a legal powerhouse for injured construction workers, including welders. His aggressive and results-driven litigation style has built his firm, The Law Offices of Michael S. Lamonsoff, into one of New York’s most successful personal injury law firms.
Mr. Lamonsoff’s passionate and no-holds-barred approach has yielded some of the highest settlements and verdicts in New York State. His numerous million-dollar and multi-million-dollar settlements have earned him membership in the prestigious Million Dollar and Multi-Million Dollar Advocates Forum. Additionally, his firm has been repeatedly featured in legal publications such as "VerdictSearch’s Top New York Verdicts." Whether a case is large or small, Michael Lamonsoff fights tooth and nail to ensure his clients receive the justice and compensation they need.
New York Laws to Protect the Rights of Injured Welding Workers
New York has some of the strongest worker protection laws in the nation, especially concerning construction site injuries. Welders injured on the job may be entitled to compensation under the following laws:
New York Labor Law Sections 200, 240, and 241
- Section 200: Requires employers to maintain a safe workplace and take reasonable precautions to prevent workplace injuries.
- Section 240 (The Scaffold Law): Protects workers performing tasks at heights, including welders working on scaffolding, ladders, or high platforms. If a welder falls or is struck by falling equipment, property owners and general contractors may be held liable.
- Section 241(6): Imposes strict safety requirements on construction sites, ensuring compliance with industrial safety standards to protect workers.
Workers’ Compensation Laws
New York’s workers’ compensation system provides benefits to injured welders regardless of fault. These benefits may include medical expenses, lost wages, and rehabilitation costs. However, workers’ compensation does not cover pain and suffering, making it essential for injured welders to explore additional legal claims.
Third-Party Liability Claims
If a welding accident results from defective equipment, negligence by a subcontractor, or unsafe working conditions due to a third party, an injured worker may pursue a third-party liability claim for additional compensation.
The Occupational Safety and Health Administration (OSHA) has implemented strict regulations to protect welders from workplace hazards such as toxic fumes, burns, fires, explosions, and electrocution. These regulations aim to minimize risks and ensure safe working conditions for welding professionals in construction, manufacturing, and industrial settings.
General OSHA Welding Standards
OSHA's primary regulations governing welding, cutting, and brazing include:
- 29 CFR 1910.252 – General Industry Standards
This regulation outlines essential safety measures for welding operations, including:
- Adequate ventilation systems to reduce exposure to hazardous fumes.
- Fire prevention measures, such as removing flammable materials and using fire-resistant blankets or shields.
- Proper training and hazard communication for workers handling welding equipment.
- 29 CFR 1926.350-354 – Construction Industry Standards
Welding in the construction industry presents unique dangers due to unstable work surfaces, structural risks, and exposure to hazardous gases. These standards mandate:
- Handling and storage of compressed gases to prevent explosions.
- Use of fire-resistant barriers and fire watches to reduce fire hazards.
- Inspection of welding equipment to ensure it is in good working condition.
Personal Protective Equipment (PPE) Requirements
Welders face a high risk of burns, eye injuries, and toxic fume inhalation. OSHA requires employers to provide and enforce the use of proper Personal Protective Equipment (PPE), including:
- Flame-resistant clothing to prevent burns from sparks and molten metal.
- Auto-darkening welding helmets with proper shade levels to protect against ultraviolet (UV) and infrared (IR) radiation.
- Safety glasses and face shields to prevent eye injuries from flying debris and radiation exposure.
- Insulated gloves and aprons to protect against heat and electrical hazards.
- Respiratory protection (such as N95 respirators or powered air-purifying respirators) to filter out toxic metal fumes and gases.
Confined Space Safety Regulations
Welding in confined spaces, such as tanks, tunnels, or storage vessels, presents unique hazards. OSHA requires employers to take specific safety precautions, including:
- Monitoring oxygen levels to prevent asphyxiation.
- Providing adequate ventilation and exhaust systems to eliminate toxic fumes.
- Implementing fire suppression measures to prevent flash fires and explosions.
- Ensuring proper entry and exit procedures to allow for emergency evacuation if needed.
Despite these regulations, many employers fail to comply, putting workers at significant risk. A welding accident lawyer can help hold negligent parties accountable for safety violations.
Types of Welding Accident Injuries and Illnesses
Welding accidents can cause severe injuries and long-term health complications, including:
Burns and Thermal Injuries
Welders frequently suffer from first, second, and third-degree burns due to exposure to extreme heat, molten metal, and sparks. These injuries can require extensive medical treatment and may result in permanent scarring.
Eye Injuries and Vision Loss
Welders are susceptible to arc eye (welder’s flash), a painful condition caused by exposure to ultraviolet and infrared radiation. Without proper eye protection, prolonged exposure can lead to cataracts, vision impairment, or even blindness.
Respiratory Diseases
Welding produces hazardous fumes containing toxic metals such as manganese, lead, and hexavalent chromium. Long-term exposure can lead to:
- Lung cancer
- Chronic obstructive pulmonary disease (COPD)
- Metal fume fever (flu-like symptoms from inhaling metal oxide fumes)
- Asbestosis and mesothelioma (in cases where welding occurs on asbestos-containing materials)
Explosions and Fire-Related Injuries
Welding often takes place in environments with flammable gases and materials, increasing the risk of explosions and fires that can cause catastrophic injuries or fatalities.
Musculoskeletal Disorders
Repetitive strain from prolonged welding postures, heavy lifting, and awkward positioning can lead to chronic joint and muscle pain, nerve damage, and conditions such as carpal tunnel syndrome.
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Causes of Welding Accident Injuries
Welding is one of the most hazardous occupations in the construction and manufacturing industries. The risks associated with welding accidents often stem from unsafe working conditions, lack of proper training, and inadequate safety measures. Understanding the primary causes of welding-related injuries can help prevent accidents and protect workers from serious harm.
Lack of Proper Safety Training
One of the leading causes of welding accidents is insufficient training. Many welders do not receive proper instruction on how to safely operate equipment, handle hazardous materials, and respond to emergencies. Without adequate training, workers may be unaware of potential dangers such as electric shock, exposure to toxic fumes, and fire hazards. Employers are responsible for providing comprehensive safety training programs to ensure workers understand the risks and necessary precautions associated with welding.
Defective or Poorly Maintained Equipment
Welding accidents can occur when equipment is not properly maintained or when defective machinery is used. Faulty gas regulators, leaking hoses, and malfunctioning welding machines can lead to explosions, fires, or electrical burns. Protective gear, such as helmets and gloves, must also be in good condition to effectively shield workers from hazards. Employers must conduct regular equipment inspections and promptly repair or replace defective tools to minimize risks.
Inadequate Ventilation
Poor ventilation in welding areas can lead to the accumulation of toxic fumes and gases, increasing the risk of respiratory illnesses and acute poisoning. Welders are often exposed to hazardous substances such as carbon monoxide, ozone, and metal fumes, which can cause long-term health issues, including lung damage and neurological disorders. Proper exhaust systems, fume extraction units, and respiratory protection are essential to maintaining safe air quality in welding environments.
Failure to Provide Proper Protective Equipment
Personal protective equipment (PPE) plays a crucial role in preventing welding injuries. Employers who fail to provide adequate PPE put workers at risk of burns, eye injuries, and inhalation of toxic substances. Essential protective gear includes flame-resistant clothing to prevent burns from sparks and molten metal, auto-darkening welding helmets with appropriate lens shading to protect against harmful radiation, insulated gloves and aprons to guard against heat and electrical hazards, and respirators to prevent inhalation of toxic fumes.
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Our Welding Accident Lawyer Will Fight to Recover the Largest Compensation for You
Welding accidents are among the most serious hazards in the construction industry, often resulting in life-threatening injuries or permanent disabilities. New York’s labor laws provide strong protection for injured workers, and OSHA regulations establish essential safety standards. However, many welders still suffer injuries due to employer negligence, defective equipment, or unsafe working conditions.
If you or a loved one has been injured in a welding accident, Michael Lamonsoff, “The Bull,” and his legal team at The Law Offices of Michael S. Lamonsoff will fight to recover maximum compensation. Reach out to our skilled welding accident lawyer in New York today to protect your rights and hold negligent parties accountable. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.