Torrance Welding Accident Lawyer

Welding is an essential trade, and there are thousands of professional welders working throughout California in various capacities. Welding is required for most metal fabrication and assembly, and it is also an essential part of machine repair and various other industries. Welders must complete rigorous job training and possess appropriate experience to handle complex welding assignments. They also face various risks every day at work, and welding accidents are some of the most traumatic workplace accidents anyone can sustain.

Experienced Legal Representation for Torrance Welding Injury Claims

If you or a family member is a professional welder recovering from a recent workplace injury, it is natural to have lots of questions about your recovery and potential future medical complications, what to expect in the workers’ compensation claim filing process, and how much compensation you could potentially obtain if you can file a personal injury suit against a party responsible for causing the injury.

Pratt Law Corporation has years of experience helping clients through workers’ compensation claims in Torrance, including many welding accident claims. These accidents tend to cause devastating injuries, many of which carry long-term or permanent effects for victims and their families. If you are unsure how to proceed with seeking compensation for such an injury, we can provide the guidance and support you need in this difficult time.

How a Torrance Welding Accident Attorney Can Help

There may not be any law requiring you to hire legal counsel to assist you with your recovery from a welding injury, but the right attorney can make a tremendous difference in the quality of your final recovery. When you choose Pratt Law Corporation to handle your legal affairs following a welding accident, we will immediately set to work uncovering the root cause of the incident and helping you determine whether any specific party bears direct responsibility for your injury.

California law requires almost every employer in the state to have workers’ compensation insurance, and this insurance applies whenever a worker sustains an injury while performing their job duties. Unfortunately, not all employers meet their legal obligations to their employees, and some even go so far as to interfere with their injured workers’ recovery efforts, sometimes retaliating against their claims made in good faith in illegal ways. When you have an experienced Torrance welding accident attorney representing you, you are far better prepared to address any such issues that arise in your case.

Risks and Long-Term Effects of a Welding Injury

Welders are required to complete rigorous training and certification courses, and welding is one of the most inherently dangerous jobs anyone can perform in the manufacturing sector. Employers must provide personal protective equipment (PPE) and enforce applicable workplace safety regulations for all workers. Unfortunately, despite the best efforts of both employees and employers, unexpected welding accidents can occur without warning and have devastating effects. Some of the most commonly cited welding injuries in Torrance include:

• Burns. These are the most commonly reported welding injuries, and welding torches burn at incredibly high temperatures. Workers are also exposed to molten metals and hot surfaces that can easily cause catastrophic burns.
• Eye injuries. Welders must wear welding masks to protect their eyes from the bright light of their welding arcs. Fire, sparks, and flammable materials can also cause serious eye injuries, some of which cause permanent damage.
• Exposure to infrared radiation, which can potentially cause cancer and other permanent medical complications over time.
• Electrocution, which is a serious workplace hazard in all types of construction and manufacturing.
• Chemical injuries. Welders may suffer such injuries from contact with various substances, some of which can potentially cause long-term or permanent harm. These injuries may occur from skin contact or inhalation of toxic fumes.

It’s relatively common for welders to sustain minor injuries that are treatable with basic first aid. However, serious welding accidents often require immediate emergency medical care. Many victims suffer long-term or permanent harm from these experiences, often leaving them wondering how they can recover. The workers’ compensation system is a valuable lifeline in this situation but navigating the claim process is often more challenging than most people expect.

What to Expect in Your Workers’ Compensation Claim

Every employer must have workers’ compensation insurance coverage, and almost every employee is covered by this insurance. When you sustain an injury at work, you are required to report the injury to your supervisor, even if you think it is minor. Your employer must then create an incident report detailing how the injury occurred and the effects suffered by the employee. If the injured worker requests the materials needed to file a claim for workers’ compensation benefits, the employer must provide them, and they may not interfere with the claim in any way.

Unfortunately, many injured welders experience all manner of challenges when it comes to their workers’ compensation claims. Filing this type of claim is just like any other type of insurance claim process. However, the employer’s involvement can sometimes create additional complications for the claimant. If the employer interferes with the claim in any way or if they adversely retaliate against the employee, the employer can face severe penalties and liability for a retaliation claim from the employee.

Even if the employer is fully cooperative with the injured workers’ claim filing process, the insurance company can still present resistance that interferes with the worker’s recovery process. Insurance companies strive to find all the justifications they can to reduce claim settlements or deny claims outright. When you have an experienced Torrance welding accident attorney handling your case, you are far less likely to meet with any unethical resistance, and the insurance company is more inclined to process your claim efficiently and in good faith.

Benefits Available to Injured Welders in Torrance

A successful workers’ compensation claim generally yields two types of benefits to the injured worker: medical expense coverage and ongoing disability benefits that compensate for their lost income while they recover. Medical expenses are fairly straightforward, and most injured workers can expect their employers’ insurance policies to cover all of the care they require to reach maximum medical improvement from their injuries and manage their symptoms in recovery.

When it comes to ongoing disability benefits, most injured workers will qualify for temporary benefits for as long as two years. Their 104 weekly payments may be spread over a period of five years if necessary, and some severely injured workers may qualify for extended benefits. It is also possible for a worker to qualify for partial disability benefits. If they can work after their injury but cannot earn as much income, partial disability benefits can offset the difference in their earning power. However, they will be required to submit updates on their medical status and earnings to the insurance company, or they could be disqualified from receiving any further payments.

An injured claimant can expect about two-thirds of their average weekly wage in weekly disability benefits, and these benefits will continue until they are able to fully resume their job duties. Your Torrance welding accident attorney will be invaluable for filing your claim for benefits, reviewing the determination from the insurance carrier, and addressing any disputes that may arise throughout this process.

When to File a Personal Injury Case for Welding Accident Injuries

California’s workers’ compensation laws typically prevent injured workers from filing civil suits against their employers for their workplace injuries, but there are exceptions. Primarily, if the employer does not have workers’ compensation insurance as required by state law, they can easily face legal penalties along with civil liability for a personal injury claim from the victim. Additionally, the employer will also face penalties if they intentionally caused the employee’s injury in any way or refused to resolve a known workplace safety issue that resulted in the injury in question.

Though unlikely, it is possible for a welding accident to happen because of the negligence or misconduct of a third party. In this situation, the injured worker can proceed with their claim for workers’ compensation benefits, but they would also have grounds to file a personal injury claim against the party who caused their injury. A third-party personal injury claim could potentially allow the victim to recover compensation for damage not provided through workers’ compensation.

Damages Available in a Personal Injury Suit

When you choose Pratt Law Corporation as your Torrance welding accident attorneys, our team will work diligently to ensure the fullest recovery possible. In the event you have grounds to file a third-party personal injury claim, our team has the experience necessary to help you recover as much compensation as possible for your damages. Under the state’s personal injury statutes, you have the right to claim compensation for any economic damage that your workers’ compensation claim does not include. While you can typically expect full coverage for all your medical expenses, any treatments you require that are not covered under your employer’s insurance policy can be included in your personal injury case. Additionally, while workers’ compensation can provide a significant portion of your lost wages in recovery, you can claim the remainder through your personal injury action.

Another key area of recovery available in a personal injury claim is pain and suffering compensation, which is not provided through workers’ compensation insurance. There is no limit to the amount of pain and suffering compensation a personal injury plaintiff can claim in a welding accident claim, and their attorney will be an invaluable source of guidance when it comes to ascertaining suitable compensation for the physical pain and psychological distress the injury has caused.

When a personal injury plaintiff is expected to fully recover from their injury, their legal team may seek an ongoing pain and suffering compensation arrangement in a per diem format. With this type of pain and suffering compensation, the plaintiff receives a set amount every day until they reach maximum medical improvement from their injury. Alternatively, a plaintiff’s attorney may seek a large lump sum to reflect the severity of a permanent injury their client suffered due to the defendant’s actions.

Additional forms of compensation can also come into play depending on the unique details of the case. For example, if a welding injury somehow occurred because of an employer’s or coworker’s intentional misconduct, they could face punitive damages to reflect the severity of their behavior. Your Torrance welding accident attorney will be invaluable when it comes to securing as much compensation as possible for your injury.

Important Services Your Torrance Welding Accident Attorney Can Provide

Pratt Law Corporation excels at providing comprehensive and client-focused legal counsel to injured workers in Torrance and surrounding communities. We have helped many past clients overcome seemingly insurmountable challenges as they sought recovery from their workplace injuries, including welding accident injuries with permanent damage. Whatever your case entails, you can expect personalized and responsive legal counsel from our team through every phase of recovery.

Your recovery process will likely begin with a workers’ compensation claim. We can address any missteps your employer makes in the handling of your claim, and we can also prevent the insurance company from taking advantage of you during a desperate and uncertain time. Once you have secured as much compensation as you can through your workers’ compensation claim, we will help you understand your rights and responsibilities under the insurance company’s benefits determination.

In the event you have grounds for a personal injury suit against a specific party responsible for your welding injury, we will guide you through the process of compiling your case against them. Most personal injury cases filed end in settlement negotiations, but if a defendant refuses settlement, we are prepared to help you through intense litigation. Our firm has faced large insurance companies and corporations with in-house legal departments, and we know how to identify our client’s best avenues of recovery through these difficult proceedings.

Welding Accidents FAQs

Q: How Much Is My Welding Injury Claim Worth?

A: If you qualify to file a workers’ compensation claim for your welding injury, you should expect full coverage for all the medical care you require to heal completely. Additionally, if you are unable to work while you recover from your welding injury, workers’ compensation can pay up to two-thirds of your average weekly wage in ongoing disability benefits. If a specific party is directly responsible for causing your injury, you could have grounds for a personal injury claim against them, but only under certain conditions. Your Torrance welding accident attorney can give you an estimate of your specific case’s total potential value.

Q: What Happens if I Caused My Welding Injury Myself?

A: Causing your own injury at work does not necessarily disqualify you from filing a workers’ compensation claim. Many people unintentionally cause their own injuries through basic negligence at work or honest mistakes. However, you could be disqualified from claiming workers’ compensation benefits if it is proven that you caused your own injury due to a failure to follow workplace safety rules and applicable industry regulations, or if you were intoxicated by drugs or alcohol at work. If you are concerned about bearing fault for your welding injury, it is crucial to connect with a Torrance welding accident attorney to assist you with your recovery.

Q: Can I Claim Pain and Suffering Compensation for a Welding Injury?

A: Welding accident injuries can be tremendously painful, but pain and suffering cannot be claimed through workers’ compensation. Your claim to your employer’s insurance carrier can potentially yield medical expense coverage and ongoing disability benefits, but you can only recover pain and suffering compensation with a personal injury claim. State law does not limit the amount you can claim, and your legal team will help you determine a suitable figure.

Q: How Long Does It Take to Recover From a Welding Injury?

A: Welding accidents can cause catastrophic injuries, including very serious burns that result in permanent harm. Many welding injury victims face very demanding recovery needs, and some are left permanently disabled in various ways from these incidents. Your doctor will provide a medical report detailing the short- and long-term effects your welding accident injury may have. Many people who experience welding accidents suffer catastrophic burns, blindness, and even amputations. Some of these injuries will result in permanent harm, diminishing victims’ earning power and ability to live independently in extreme cases.

Q: Is It Really Necessary to Hire a Torrance Welding Accident Lawyer?

A: There is no strict legal requirement for you to hire a Torrance welding accident attorney but doing so is a solid investment in your own recovery. While you may believe you can handle filing your workers’ compensation claim on your own, it’s possible to make several mistakes that could diminish the benefits you obtain. It’s also possible to overlook grounds for a personal injury claim you could file that would enhance your total recovery. While not strictly required, hiring a Torrance welding accident attorney significantly improves your chances of recovering as fully as the law allows.

Pratt Law Corporation has years of experience serving clients in the Torrance area, helping them overcome a wide range of workplace injury claims that involve substantial damage. If you are unsure how to proceed with your recovery efforts from a workplace welding accident, we can help you through the workers’ compensation claim filing process, assisting you in reaching the best possible outcome. Contact us today to schedule a consultation with a Torrance welding accident attorney who can provide reassurance and support when you need it most.