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Workers Comp Attorney New York

The Attorneys at Polsky Shouldice & RosenThe injury risk for welders is higher than average, so it’s important to be aware of what injuries are possible and when to consult a workers comp attorney New York residents turn to at Polsky, Shouldice & Rosen, P.C. for help. Welding injuries can range from a minor burn to severe and long-term damage. If you’ve suffered a work-related welding injury, our team may be able to help.

Welding Injuries Are Common at the Workplace

Welding injuries should be taken seriously because they are all too common, and can even lead to death. The Occupational Safety Health Administration (OSHA) reports that four out of every thousand welders die due to welding related injury. 

Eye Injuries

Your eyes should always be protected when you are welding due to the hot materials you are working with, so you shouldn’t have to worry about something burning your eye. However, the risk to your eyes doesn’t end there.

Years of welding on the job can cause eye strain that may lead to vision problems. As a welder, you must keep a steady focus on the bright sparks and lights, which can cause severe damage to your eyesight over time. Your workers comp attorney may be able to help you determine if your workplace was safe enough to prevent your injury, or if you were at risk while on the job.

Toxic Fume Injuries

The welding process can’t happen unless metal is melting. This conversion process emits gases into the air that are dangerous to inhale or get into your eyes. Unfortunately, protective eyewear won’t always keep you safe from these emissions. Breathing in the toxic fumes may cause respiratory problems that lead to short term illnesses and even permanent, long term damage. Whether you are injured for the short term or the long term, a workers comp attorney in NY may be able to help you obtain benefits.

Burns

Burns are the most common injuries that welders sustain because of the constant high temperatures they have to work with. The severity of the burn can vary from minor pain to debilitating pain, disfigurement, or even death. You may be injured by the hot materials, or if a spark causes a workshop fire.

If you are burned on the job, you may have medical bills and time off of work that you need help dealing with. An experienced attorney NY workers turn to may help you move forward with your workers’ compensation claim to get your life back on track.

How Your Behavior Influences Workers’ Compensation Eligibility

Generally speaking, workers’ compensation is considered a no-fault system. This means that you do not have to prove that your employer or a co-worker is responsible for the accident, and that the fault you bear for the injury usually has no relevance to your work comp eligibility. However, as with all other rules, this one has exceptions. There are some instances in which your eligibility for compensation may be affected by your behavior. It depends on the policies at the company that you work for and on the individual laws of your state.

Self-Inflicted Injuries

The law generally takes a dim view of employees who try to game the system and collect workers’ compensation by injuring themselves on purpose. Even though the injury may be real, the deception behind it makes it a type of fraud. If your employer has reason to believe that you injured yourself on purpose, your claim for compensation is significantly more likely to be denied.

Drug or Alcohol Use

Some companies have a zero-tolerance policy toward the use of alcohol or recreational drugs. Such a policy may include a provision that excludes you from receiving workers’ compensation if you were intoxicated at the time of the accident. This may be easier to prove than a self-inflicted injury because the laws of many states require you to submit to alcohol and drug testing following your injury.

Horseplay
It is one thing if you act carelessly or recklessly in performing your work and injure yourself as a result. Such an injury is still likely to qualify for workers’ compensation under the no-fault system. It is another matter if you are engaging in horseplay, i.e., reckless behavior that is unconnected to your work. Workers’ compensation is only intended to be for injuries that relate specifically to your employment. Generally, you can only receive workers’ compensation for an injury resulting from horseplay if you were a nonparticipant who got injured when others’ boisterous behavior got out of hand.

Other Breaches of Rules or Laws

If, at the time of the injury, you were behaving in a way that violated a company policy in a way other than those described here, your employer may be justified in denying you compensation. The same holds true if your behavior violated the law.

It is difficult to make a broad statement about what does and does not qualify for workers’ compensation because the laws vary by state. If you have a question about your eligibility, contact our office. One of our attorneys can perform a state-specific analysis.

Contact Polsky, Shouldice & Rosen, P.C. Today
When you’ve been injured on the job due to welding, you may need someone you can trust on your side. Call a New York workers comp attorney at Polsky, Shouldice & Rosen, P.C. to discuss your case at (718) 804-5836 today.

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“I used Mark Polsky and his team to help with my worker’s comp case. He and his team are professional and were always looking out for my best interests. They were always available to answer any questions I had, and checked in on me frequently to see how I was feeling, and provided me with updates on my case. I highly recommend them.”
Howard K.
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