Welding rods are filler metals used to fuse together with other metals. Welding is considered one of the most dangerous industrial activities. When welding rods are heated at high heat they emit dust and fumes that contain numerous amounts of toxic chemicals. The fumes are a natural by-product of welding.
As a precautionary measure, it is required to use respiratory protection and ventilation for even the simple welding jobs. Human exposure to these chemicals can result in serious health issues and can cause both short-term and long-term illnesses. The health risk depends on the type of metal used, concentration of the fumes, and length of exposure.
The different types of injuries that occur due to welding rods depend on the type of exposure. For example, the most common health injury caused by welding rods is exposure to manganese. Generally, manganese is considered an essential nutrient; however, when it is inhaled, it becomes dangerous because it bypasses the defense mechanisms and accumulates in the body. This can lead to severe damage to the lungs, liver, kidney and the central nervous system.
It can also cause short-term health problems which include memory loss, poor hand-eye coordination, changed mood, and slow reaction time. The long-term health issues related to manganese exposure can lead to slowed movements, tremors, lack of balance, psychiatric disturbances and hallucinations. Additionally, these are also some of the symptoms related to Parkinson disease.
Other health risks besides manganese, is exposure to other chemicals such as nickel, chromium, rion, cadmium and aluminum. These metals can cause skin ulcers, eye burns, asthma, chronic bronchitis and various cancers. It is troublesome to know that treatment is not necessarily available for manganese related disorders. These disorders are generally more progressive and become increasingly severe over time. Currently, there is no known cure for these disorders, though symptoms can be lessened treated with medication and physical therapy.
What Types of Claims May Be Brought for Welding Rod Injuries?
If you believe that you have been exposed to toxic chemicals resulting from welding rods in your workplace, it will be useful to seek out welding rods injury lawyers to determine any possible claims. It is important to get an evaluation from an expert in the field to determine if there has been any possible manganese exposure in relation to welding rod work.
In general, there are two legal theories that can be considered for the purposes of bringing a claim in relation to a welding rod injury. First, under the negligence theory of liability for a personal injury that resulted from exposure to harmful chemicals in the welding rod. There is a legal duty of reasonable care owed to ensure the safety of others and failure to act can hold the party liable for their actions. For example, personal injuries under state worker’s compensation laws. These claims generally mandate a showing of the employer’s negligence that resulted in the injury.
Second, is the strict product liability theory which can be utilized to show how an injury resulted from an unsafe product. For example, inadequate warnings can result in a claim against the manufacturer. The claim may also be brought against the companies manufacturing and distributing the welding rods to show any unsafe situations. Moreover, these legal claims for welding rod injuries may be brought by the welder or the welder’s family if the welder has been deceased.
Welding rod injury can alo be processed through a class action lawsuit. This is where several different cases or lawsuits are combined into one. This helps provide a more efficient process in cases where several people were injured by the same cause. An example of this is where there is a defective welding rod that injured a large portion of the population.
What Kind of Information Do I Need to Support my Claim(s)?
In a potential personal injury suit, the claimant or the plaintiff needs to prove that the injury was caused “more likely than not” by the negligence of a company or another person. Moreover, welding injuries may require assistance from professionals such as doctors, safety experts and experienced lawyers. To prove that there has been a toxic exposure to the body, you may need to consider looking into experts in the field that study these elements and their harm on the human body.
Furthermore, it would be useful to gather the relevant information and data needed to prove the claim for a welding rod injury. For example, the claim needs to establish the cause-and-effect for a viable claim against the company. To investigate this further, hiring specialists in the field of toxicology and safety can narrow down the cause of the injury and assist you in developing a strong case against the company, manufacturers and distributors. Therefore, obtaining experts and gathering their testimonies would be an effective way of supporting your claims.
Additionally, researching the company’s welding product or work and the type of exposure can create a better understanding of how the injury occurred. Depending on the amount of exposure and type of exposure from the harmful chemical, it can determine the severities of the health condition caused by the exposure. This information is crucial when the courts examine the damages for the case.
What Kind of Damages May Be Recovered for Welding Rod Injuries?
As mentioned earlier, exposure to the harmful chemicals by welding rod work can create
detrimental health issues. Some of these permanent health effects can lead to a lifetime of distress. The injured party may be able to receive monetary relief that would be equivalent to the damage caused in a welding fumes lawsuit. However, the injured may also be able to recover for both monetary and non-monetary damages which include:
- Emotional distress;
- Loss of earning capacity and loss of enjoyment of life;
- Loss of past and future wages or earnings;
- Past and future pain suffering;
- The cost of rehabilitation;
- Loss of consortium for spouses and;
- The cost of past and future medical assistance.
In some cases, involving serious and long-lasting medical illness, the spouse and the children of a person injured by toxic welding rod fumes may also be entitled to a legal remedy for damages in regards to their relationship.
How Can a Personal Injury Lawyer Help?
Welding rod injuries are a serious health issue and exposure to these harmful chemicals can cause a lifetime of health problems. Therefore, if you experience any of the symptoms mentioned above, they may be related to the toxic welding rod fumes. It is important to promptly seek medical attention. You have the legal right to receive compensation for any welding rod injury caused by another person or company. In order to learn more and hold the company liable, it will be useful to reach out to welding rods injury lawyers that can better assist you with filing a claim.
To learn more about what a local personal injury attorney can do for you, seek out assistance in your state. It is important to refer to an experienced lawyer who specializes in these cases to receive the maximum benefit for your claim. Seeking out a specialist will guide you through the process of strategically navigating a potential welding injury lawsuit. Welding rod injuries have long term health consequences and it is important to start detecting the symptoms earlier on in order to take any necessary precautionary measures.