California has the second largest number of welders in the United States, with more than 31,000 of them across a variety of different businesses. California is 3rd in the nation for total land area, and the welder roles reflect that as well. Across the many different industries present here, with many of them requiring welding skills, it should not surprise you to learn that California also leads the nation in the number of welding accidents. California has a widely varied industry that requires the skills of welders, and it includes high-rise and office building construction, as well as ship building and refitting, just to name a couple. Normandie Law Firm receives questions frequently regarding the average value of a welding accident worker’s compensation claim.
If you have been injured at work due to a welding accident, it may be a very unpleasant experience. Welding injuries are not usually minor affairs. As you deal with this injury, you are going to find yourself working in some way with the State of California worker’s compensation insurance program. Like any type of personal insurance program, the worker’s comp system is going to work with you to get your issues resolved and your needs met. It is reasonable to expect that they will act in your best interest. They are your insurance company in many ways. It is essential that you understand they are not working to benefit the company, paying the costs of the insurance, the way an insurance company normally would. It is a different version of insurance. Many people are surprised to learn that worker’s compensation still needs to conduct business in a manner focused on limiting their costs for your benefits. If you have a welding accident injury worker’s compensation claim and are trying to understand what its value is, and you need legal assistance in dealing with the injury and claim process, please contact Normandie Law Firm. We specialize in worker’s compensation cases and are highly experienced in helping our clients address their many different needs.
Speaking with Normandie Law Firm is going to get you some information on the options you have, and will help us understand what your needs are. You will be speaking with someone with real legal experience immediately. If we cannot answer your questions, we will set up a free initial consultation with a lawyer who can tell you about the average value of a welding accident worker’s compensation claim in the State of California. In that meeting, the legal team at Normandie Law Firm is going to collect the facts that will allow them to fully assess the incident. The first step is to assess the merits of your claim and anticipate any potential challenges that may arise. Normandie Law Firm brings decades of shared experience across the team, as well as many successful negotiations with worker’s compensation insurance teams. This may result in a quicker resolution if you are running into issues.
Please reach out to our legal team at Normandie Law Firm today so that we can discuss your injuries and the issues you are dealing with. We want you to understand up front that no matter what your decision is after your free consultation, you have no obligation to hire Normandie Law Firm to represent you in any role. Equally as crucial for you to understand is the fact that there is a time limit to file a claim for your injuries with worker’s compensation.
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What Is The Time Limit For Filing A Claim In The State Of California?
There is a 30 day time limit to file a claim with worker’s compensation if you are injured at work. This is not specific to any injury. The time limit starts on the day of the accident. If the time limit does expire before you file a claim, worker’s compensation will not accept the claim. There are very few exceptions made about the 30 day time limit. If you are getting close to the time limit, please contact Normandie Law Firm as soon as possible.
The Common Types Of Workplace Welding Accident Injuries and Associated Hazards
There are quite a few jobs and roles that might result in welding accident injuries. This is based on the hazards and opportunities, as well as the frequency with which employee might use a certain type of platform to complete their welding tasks. No matter what the job or frequency might be, the analysis of injury type by role shows that people doing work as a welder in awkward circumstances are more likely to be hurt than other welders in factory settings. The impact of the different types of injuries that Normandie Law Firm clients experience runs from minor to life-changing. The common injuries and hazards are:
- Minor sprains to knees and ankles due to slipping off a rung or a platform that results in unexpected weight on the joint while welding on ships, steel for large buildings, or similar
- Significant sprains that cause damage to the connective tissue of joints or complete joint dislocations from attempts to escape the source of heat or the movement of heavy material being welded together
- Burns to hands and feet as molten metal sometimes drips or gets brushed against if you move suddenly
- Head, neck, and back injuries occur as you work to reach the areas where a weld needs to be completed or reinforced
The serious welding accidents and resulting costs are more common than in other jobs, as they can occur more often, and the injuries are frequently worse. Many companies spend a great deal of time and money that is focused on both prevention and overall safety when it comes to welding. The simple fact is that these types of injuries and the kinds of hazards that can be encountered and experienced by anyone who is working as a welder regularly are always going to be present. It is a dangerous job, and great care must be taken when you are at work.
Will My Welding Accident Injury Be Covered By Worker’s Compensation Insurance?
If you are hurt in a welding accident, in any manner, while at work and doing your job, you should expect that your injury is going to be covered by the California worker’s compensation insurance program. There are some exceptions to the general rule of being covered at work for any kind of injury. They deal more with the employee’s physical and mental state, as well as the employee’s behavior and actions taking place before the accident, than the particular kind of injury that an employee suffers. Two examples of this are if an employee is under the influence of alcohol or drugs, or is found to responsible for the cause of the hazard that they are injured in due to behavior like horseplay, worker’s comp is unlikely to cover the injuries suffered in the claim. It is a good reminder to be vigilant while you work in a high risk job.
What Benefits Are Provided By The Worker’s Compensation Insurance In California?
Below is a list of key benefits that are part of the worker’s compensation insurance if you experience a welding accident injury in California.
- A dollar amount not to exceed 1 million dollars per incident for covering all medical care, which includes any hospitalization or emergency room treatment, all services by a specialist, such as a skin graft or surgery, the costs of prescriptions and over the counter drugs or items, physical therapy, and the rental price of devices such as canes, crutches, braces, or wheelchairs
- If the employee is not able to return to work until they are recovered they can receive up to 66% of their regular weekly income
- Long-term disability from injuries, where the program offers temporary long-term disability payments
- Vocational training is provided if the employee is unable to return to work in their previous role as a welder
What Is The Average Value Of A Welding Accident Worker’s Compensation Claim In California?
Statistics that have been gathered for the State of California show the welding accident injury dollar value runs between $5,000 and $25,000 with approximately 70% of that going to medical expenses. The balance and remaining 30% is typically for the costs of indemnity benefits, including lost wages and disability payments to the employee. The statistics show that welding accident injuries are a frequent type of injury that is filed for with worker’s compensation in California. The costs that figure into the claim value include:
The overall value is going to be primarily influenced by how serious the injuries are, as that is the most significant cost to worker’s compensation
- Salary of the injured employee is also a significant factor, as it figures in both disability payments as well as lost wages due to missed work
- The type of injury itself is a factor. Burn injuries average over 60,000 dollars, while hand injuries only amount to approximately 30,000 dollars.
Am I Allowed To Sue My Company For My Injuries?
Once you file and collect on a worker’s comp case, you cannot sue your employer for additional damages for being injured. Worker’s compensation is an exclusive remedy for covering workplace injuries. Worker’s’ compensation from an insurance perspective is a no-fault system. This means that it provides benefits regardless of fault.
An exception to the question of a personal injury lawsuit being filed is if the employer can be judged responsible for contributing to, or the creation of, the hazard and the injuries that come from it. This also applies to 3rd parties when involved. If you believe this has happened, you need to discuss this and the supporting facts with your Normandie Law Firm legal team. If their culpability can be proven, it does provide the ability to legally sue the employer for gross negligence. The legal definition of gross negligence is willful misconduct or reckless disregard for the safety of others. A lawsuit can be filed independent of the worker’s compensation claim for items not covered by worker’s compensation.
Your Upfront Costs With Normandie Law Firm
When you have hired the Normandie Law Firm to help you gather information or to determine the average value of a welding accident worker’s compensation claim, we do not charge for upfront legal fees. We will bill you after we get your needs addressed and your claim or case solved. If we do not win your case, we will not bill you for our services. Please get in touch with our team at Normandie Law Firm today to learn more and get the answers you need to overcome the hardships of a welding workplace injury.
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