Welding Accident Workers’ Compensation Claims

Helping Illinois Welders Recover Full Compensation After Job-Related Injuries

Many Illinois buildings and key infrastructural elements wouldn’t exist without certified welders. These workers perform an important role in construction and renovation projects, but their job duties can place them at risk of serious injury. If you are injured while doing a welding job, you could seek insurance benefits from a welding accident workers’ compensation claim. These benefits can cover many of the financial losses caused by the injury.

Succeeding with your claim may require legal assistance from a top-rated law firm in Chicago. IL Work Injury Lawyer can serve welders across Illinois from our Chicago office. We know what it takes to prove your injuries occurred in the scope of your employment. Our firm will guide you through the claims process and fight for maximum compensation. 

What Are Common Welding Accidents on Illinois Job Sites?

Welding jobs present many dangers to workers and other nearby individuals. The cause of your accident may play a role in your claim’s outcome, so it is important to understand why your injuries occurred.

Here are some common welding accidents that occur on Illinois job sites:

• Flash burns and arc eye from ultraviolet radiation from the welding torch
• Electrical shocks from welding equipment
• Fires and explosions from combustible materials
• Exposure to toxic fumes and metal vapors
• Falls while welding on elevated structures like scaffolding, beams, and roofs
• Equipment-related crush injuries
• Head injuries from flying debris

What Are Common Welding Injuries Covered by Workers’ Compensation?

Welders who get hurt on the job may be forced to miss work or pay high medical bills. The more severe the injury, the more compensation you may be eligible for. 

Let’s explore some of the most common injuries welders may experience while working:

• Eye injuries and vision loss from bright light or flying sparks
• Facial and upper body burns from high temperatures
• Lung damage or respiratory diseases from the fumes
• Neurological symptoms from exposure to toxic fumes and chemicals, such as carbon dioxide
• Shock and cardiac injuries from an electric current
• Musculoskeletal injuries from heavy lifting or repetitive use, such as Carpal Tunnel Syndrome

What Benefits Can Injured Welders Recover in Illinois?

State law 820 ILCS 305 (the Illinois Workers’ Compensation Act) details the benefits you could acquire with a successful workers’ compensation case. Let’s examine these benefits to give you a picture of what you may qualify for if you are hurt during the welding process.

Immediate Medical Care and Long-Term Treatment

Your employer’s insurance can cover all reasonable costs associated with your diagnosis and treatment. This can include emergency care after the accident, surgeries, medications, physical therapy, long-term rehabilitation, and even assistive devices. 

Lost Wages

Lost income is often calculated as a percentage of your average weekly wage (AWW). You can typically earn up to two-thirds of your AWW if you are out of work completely, either temporarily or permanently. If you must work in a diminished role, you can be compensated for the difference in income, either temporarily or permanently. These disability benefits fall into four categories:

• Temporary partial disability (TPD) – Wage difference coverage for diminished work capacities
• Temporary total disability (TTD) – Wage replacement while you recover from your injuries
• Permanent partial disability (PPD) – Ongoing wage difference coverage if you cannot work at the same capacity post-injury
• Permanent total disability (PTD) – Ongoing wage replacement if you are permanently out of work because of the accident

Vocational Rehabilitation 

In some cases, welders may not be able to return to their job duties because of their workplace injuries. In that case, any expenses associated with training for a new role can be covered by the employer’s insurance company. 

Death Benefits 

Unfortunately, welders can be fatally injured while working in rare circumstances. The surviving family members (primarily the spouse and minor children) can claim funeral expenses and lost future wages through workers’ compensation. 

How to File a Welding Accident Workers’ Comp Claim in Illinois

The workers’ compensation process can sometimes be confusing, but it is extremely important to follow all the steps to secure benefits for workplace injuries. 

Here is what you must do after the welding accident:

• Report the injury to your employer within 45 days
• Seek immediate medical care and ensure your injury is properly documented as work-related
• Document the accident by collecting evidence and obtaining a copy of the accident report
• Retain all medical records and lost income documentation
• File a claim with the Illinois Workers’ Compensation Commission (IWCC) to protect your rights
• Consult our top-rated firm for assistance with claim preparation, hearing representation, and appeals

Who Can Be Liable for a Welding Accident Lawsuit?

Multiple parties may be liable for your welding injuries. While you can receive workers’ compensation regardless of fault, if someone other than the employer is responsible for your accident, you could also consider a third-party liability lawsuit for non-economic damages like emotional distress.

Here are potentially liable parties that could be cited in a lawsuit:

• Welding equipment manufacturers
• PPE (personal protective equipment) manufacturers
• General contractors or subcontractors for failing to enforce safety protocols
• Jobsite safety managers
• Maintenance or repair companies that performed inadequate repairs
• Property owners or premises operators who allowed injury hazards
• Tool rental companies

Here are some relevant laws and Occupational Safety and Health Administration standards that may affect liability for your claim:

• OSHA 1926.351(a)(1) – Only manual electrode holders specifically designed for arc welding and cutting may be used
• OSHA 1926.351(b)(1) – All arc welding and cutting cables must be flexible and insulated enough to handle the maximum requirements of the project
• 735 ILCS 5/13-202 (Statute of Limitations for Personal Injury) – Injured victims have two years from the date of their injuries to pursue legal options against a third party for negligence
• 740 ILCS 100/ (Joint Tortfeasor Contribution Act) – Fault can be allocated among multiple parties, making it easier for victims to pursue compensation for negligence if they are partially at fault

How Long Do Injured Welders Have to File a Claim?

As mentioned previously, plaintiff in personal injury cases have two years to file their claims against the at-fault parties for negligence.

If you or your employer is responsible for the welding incident, you will have three years from the date of the injury or two years from the last benefit payment, whichever is later, to file your workers’ comp claim (820 ILCS 305/6(d)). 

How IL Work Injury Lawyer Can Help

IL Work Injury Lawyer can play a significant role in helping you fight for fair compensation. Whether you are dealing with high medical expenses, lost wages, or a long-term disability, our team of expert workers’ compensation attorneys in Chicago will ensure you have a strong case. 

Our legal services include:

• Investigating the accident and OSHA violations
• Speaking with witnesses to corroborate your story
• Obtaining evidence, such as medical records, surveillance footage, and accident reports
• Guiding welders through the appeals process with the IWCC
• Litigating in civil court, if necessary

Our law firm has decades of experience holding employers and third parties accountable for workplace negligence. Here is one past settlement we have secured for a welder in Illinois:

Mark, a seasoned welder from Chicago, was working on a major bridge repair over the Chicago River when a sudden explosion erupted from a faulty gas line near his work area. The blast caused severe burns and deep lacerations to both of his arms, requiring skin grafts and months of physical therapy. 

The case value was influenced by evidence of improper safety protocols, witness accounts from fellow tradesmen, and inspection records showing the gas line had been neglected for years. The $2,550,000 settlement helped cover Mark’s medical expenses, lost income, and ongoing rehabilitation.

How Common Are Welding Workplace Accidents in Illinois?

Welders have suffered in Illinois and Chicago in recent years. According to the US Bureau of Labor Statistics, there were three fatal incidents involving the welding process in 2022 in this state. 

In Chicago alone, multiple accidents have occurred since 2024 that involved welders’ work. Five incidents resulted in fatal injuries to the welder. Some of these deaths were caused by falls and serious burns. In one case, the welder was working on a large drum top when the welding sparks ignited the flammable liquids inside, causing a deadly explosion. 

Book a Free Consultation

Welding as an occupation can place welders at a high risk of injury. A lack of protective equipment (such as proper eye protection), unsafe premises, elevated platforms, and misuse of equipment can all elevate the risk factors in this role. If you are injured as a welder, workers’ comp can help you secure your financial future by covering lost income, medical bills, and vocational rehabilitation costs.

At IL Work Injury Lawyer, we operate on a contingency fee basis. This means you owe nothing unless we win your case. You can also ask any questions about the legal process or your construction site accident during a free consultation. 

Contact us today to schedule your free case evaluation. Our Chicago work injury law firm can represent clients across Illinois.