Workers’ compensation claims are often employment specific with respect to the claimed injury. A prime example in Colorado is construction workers who regularly suffer back injuries and other workers who do significant heavy lifting while on the job. Certain occupations carry certain hazards, including metal fabrication jobs. One of the main hazards for welders is burns from arc flashes that occur every time they weld. Their real safety issue is when electricity arcs across the air from one piece of equipment to another where they have no control, often resulting in very serious burn injuries.
Potential employer negligence
One common element of nearly every arc weld burn case is that the injuries are serious and can have lifelong impact. Workers’ compensation coverage is designed to exempt employers from long-term ramification regarding general damages for pain and suffering from workplace injuries, but that exemption does not necessarily apply when it can be proven that the workplace was not safe or the employer was not operating under OSHA rules and regulations compliance.
Potential for multiple claims
Most arc weld burn injury cases resulting in a personal injury lawsuit will go through the workers’ comp insurance program first. Once it is established that the case is valid, evidence can then be used in proving that the employer was negligent in some manner, contributing to the injury. Not only can general damages be requested, but punitive damages could be awarded as well in a full trial depending on the level of gross negligence demonstrated by the employer and proven by the plaintiff’s legal counsel.
Experienced workers’ comp attorneys in Colorado understand this process and work to establish grounds for a whole damages claim following arc weld injuries. Injured welders and other workers might only have one opportunity for financial justice, so it is vital to retain legal counsel focused on full equitable compensation when being injured on the job by an arc weld.
