Content reviewed by:
Alex Shulman
If you were injured in a welding accident on a job site, you may be dealing with pain, time away from work, and uncertainty about what to do next.
At Shulman & Hill, our attorneys have more than 200 years of combined experience representing injured workers across New York, including construction tradespeople hurt in serious workplace accidents. Our Yonkers welding accident lawyers represent union and non-union welders, fabricators, apprentices, and contractors.
To learn more about your rights after a workplace injury, schedule a free case review with one of our Yonkers workers’ compensation lawyers.
Who Our Yonkers Welding Accident Lawyers Represent
We represent welders and metalworkers injured on construction sites, fabrication shops, and industrial projects throughout Yonkers and Westchester County. Whether you work as a W-2 employee or a 1099 subcontractor, our attorneys can evaluate your situation and explain what workers’ compensation benefits or additional claims may be available.
We also assist families after fatal welding accidents, helping them understand their rights to workers’ compensation death benefits and potential wrongful death claims under New York law.
Our lawyers handle a wide range of welding-related injury cases, including:
- Severe burns caused by sparks, molten metal, or faulty equipment.
- Eye injuries such as arc flash burns and vision damage.
- Respiratory or inhalation injuries from welding fumes and confined spaces.
- Crush injuries involving heavy materials, equipment, or structural components.
- Repetitive strain injuries related to grinding, overhead welding, or prolonged tool use.
Welding accidents often occur during related job duties as well. We represent workers injured while performing tasks such as moving gas cylinders, preparing materials, assembling scaffolds, or setting up equipment. Even if the injury involved a non-welding hazard, you may still have a valid workplace claim.
If your employer or insurance carrier disputes your claim or cuts off benefits, our Yonkers personal injury lawyers respond by gathering evidence, filing timely appeals, and working to protect your access to medical care and wage replacement benefits.
Workers’ Compensation Benefits for Welders
If you were injured while working as a welder in Yonkers, New York’s workers’ compensation system may provide benefits regardless of who caused the accident. We help injured workers understand what benefits may be available and guide them through the claims process.
Workers’ compensation may provide several types of support after a workplace injury, including:
- Medical treatment for care related to the work injury.
- Wage replacement benefits if your injuries prevent you from working.
- Impairment awards for permanent limitations caused by the injury.
- Reimbursement for travel expenses to authorized medical appointments.
The amount of wage replacement benefits you receive is generally based on your average weekly wage. If you are able to return to light-duty work at reduced pay, partial disability benefits may help make up part of the difference.
Disputes can arise about the cause of the injury, the severity of your disability, or when you are able to return to work. Our Yonkers welding accident attorneys gather medical opinions, job descriptions, and other evidence to support the level of benefits that New York law allows.
Third-Party Lawsuits for Welding Accidents
Workers’ compensation provides medical care and wage benefits after a job injury, but it does not compensate you for pain and suffering. If a party other than your employer contributed to the welding accident, you may also have the right to file a third–party personal injury claim.
Our lawyers review the project structure and the responsibilities of each company on the job site to determine who may be legally responsible.
On many Yonkers construction projects, liability may extend beyond the employer. Depending on the circumstances, claims may involve:
- Property owners who were responsible for site conditions.
- General contractors or subcontractors who controlled the work area.
- Equipment manufacturers or suppliers, if faulty tools contributed to the injury.
Welding accidents can also sometimes involve defective or malfunctioning equipment. Problems with regulators, hoses, grinders, or protective gear can lead to fires, explosions, severe burns, or eye injuries. When a product defect played a role in your injury, we work with engineers and preserve the equipment to document how the failure occurred.
In construction settings, additional protections may apply under New York Labor Law, including statutes governing elevation hazards and construction safety violations. These laws may become important when welding work takes place on ladders, scaffolds, or other elevated structures and a safety failure leads to injury.
How Our Yonkers Welding Accident Attorneys Build Your Case
We begin by identifying every potential source of recovery after a welding accident. This can include workers’ compensation benefits, third-party liability claims, and any union or employer-provided benefits that apply to your situation.
Our welding accident attorneys in Yonkers then gather and preserve important evidence from the job site. We review incident reports, interview co-workers and supervisors, and examine the tools or equipment involved in the accident. When necessary, we send spoliation letters to make sure equipment and materials are preserved for inspection.
To support the value of your claim, we collect records showing how the injury has affected your ability to work, including medical documentation, payroll records, union pay scales, and overtime history. While you focus on treatment and recovery, our firm manages the filings, hearings, and negotiations needed to move your case forward.
Important Deadlines in Workers’ Comp Cases
If you were injured in a welding accident, New York law requires certain steps to be taken within specific time limits. Missing these deadlines can affect your ability to receive benefits or pursue a claim.
You should notify your employer within 30 days of the accident and generally must file Form C-3 with the New York Workers’ Compensation Board within two years of the injury. In occupational disease cases, such as conditions caused by welding fumes or repetitive work, the deadline may run from the date you first learned the condition was related to your job.
If a third-party lawsuit is available, different deadlines apply. Most personal injury claims in New York must be filed within three years of the accident, while wrongful death cases are typically subject to a two-year filing period.
Claims involving government-related projects may also require a Notice of Claim within a short timeframe, which is why early legal review is important.
Get a FREE Case Review for Your Welding Accident Case
At Shulman & Hill, our firm has recovered over $1 billion for injured clients and served more than 26,000 New Yorkers. We bring the same focused approach to every case, carefully reviewing job duties, medical records, and job site conditions to determine the strongest path forward.
Contact us today to schedule a free consultation. We will explain your legal options and help protect your claim.