Salt Lake City Welding Accident Lawyer
As a welder or construction worker, you take on inherent risks to do your job. These risks are mitigated by proper training and safety protocols. Unfortunately, construction accidents still happen, and when they do, it is important to file a workers compensation claim and start receiving medical benefits. However, if your accident meets the necessary criteria, you may have another option available: filing a personal injury lawsuit.
To find out if you have grounds for a case, speak with a Salt Lake City welding accident lawyer from Craig Swapp & Associates.
You Normally Can’t Sue Your Employer
Workers compensation benefits are in place to provide you with access to medical care, but they’re also intended to protect your employer. If you are hurt on the job under normal conditions, you are supposed to apply for work comp benefits and that’s it. Employers love this system because they don’t have to worry about lawsuits. However, there are exceptions to every rule.
If your employer purposefully put you in harm’s way or was willfully violating safety regulations at the time of the accident, they could be considered grossly negligent, enabling you to file a lawsuit against them. An example would be an employer who was cited by OSHA for a violation and failed to fix it, resulting in employees getting injured. Your Salt Lake City welding accident lawyer will need to go over what happened in detail to determine if you have this option available.
You Can Sue a Negligent Third Party
It is much easier to sue a third party for how they contributed to your accident and injuries. We often find that third parties are at least partially to blame. This could include any of the following parties:
- Equipment manufacturer
- Manufacturer of safety gear
- Contractors on the worksite
- Drivers and passersby
We can evaluate what you were doing when you were injured, what gear you were using, and what happened to determine if any third parties played a role in causing your welding injury.
You Can Sue As a Welder or a Worker
Typically, welders are the ones getting hurt in welding accidents, but other workers are often exposed to the dangers as well. Regardless of what your role on the jobsite was, if you were injured in a welding accident, you can seek compensation.
The key is proving that someone else was negligent and to blame for what happened. If the welding accident was caused by your own carelessness, you will have no recourse other than to file a workers compensation claim.
Why You Should Seek Compensation
Even after receiving workers compensation benefits, you should file a personal injury lawsuit if your accident meets the criteria. This is because workers comp will only pay a portion of your lost wages and will neglect the majority of your non-economic damages. Furthermore, the percentage of the wages paid is typically not enough for a family to survive on when they are used to a full paycheck.
If you are successful in your lawsuit, you can receive all your lost wages along with money to pay for any other injury-related expenses or quality of life lost.
Speak with a Salt Lake City Welding Injury Lawyer
Your first step needs to be to visit a doctor, receive medical treatment, and remain in their care. Next, call our office and schedule a free consultation. An attorney from Craig Swapp & Associates can determine if you have a case and the best way to proceed with your claim.
You can reach us by calling 1-800-404-9000 or by completing the form below.