Welding Accidents

Welding Accident Attorney in New York

40+ Years Litigating Construction Accidents. Record Verdicts That Prove It.

Welding is among the most hazardous trades on New York construction and industrial sites. When an accident happens, workers’ compensation covers only a fraction of what a seriously injured welder may need. We represent injured workers and families in third-party personal injury and wrongful death claims throughout New York, pursuing the parties whose negligence caused the accident rather than the limited benefits an employer’s carrier provides.

A third-party civil claim can recover damages workers’ compensation doesn’t allow: pain and suffering, full lost earnings, and future medical care. We don’t handle workers’ compensation claims. Our focus is the civil lawsuit against the property owner, contractor, or equipment manufacturer who created the conditions that put a welder in harm’s way.

If you or a family member was hurt in a welding accident, call our welding accident lawyers in New York at (212) 742-9706 for a free consultation available 24 hours a day.

Why Injured Welders & Families Turn to Godosky & Gentile

Jeffrey Brecker has spent more than 40 years litigating construction accident claims. Anthony P. Gentile brings over 50 years of personal injury trial experience. Together, they lead a team that has secured results courts and clients across New York have taken notice of, including a $15 million verdict for a building superintendent burned in a construction-site explosion and a $10 million settlement for a steamfitter with severe construction-related injuries.

David Godosky was appointed to the bench by Mayor Michael Bloomberg before returning to the firm as a lead trial attorney. That firsthand perspective on how judges evaluate construction injury cases shapes how we build and argue each claim. Anthony Gentile’s $65 million medical malpractice verdict, recognized by the Guinness Book of World Records as the highest personal injury recovery of its time, reflects the intensity we bring to catastrophic injury litigation. We prepare every welding accident case as if it’s headed to trial because that preparation can produce leverage at every stage.

How Welding Accidents Happen on New York Job Sites

Welding hazards don’t fit a single pattern. The conditions that cause an injury vary by site, task, and how well a contractor or property owner maintained a safe work environment.

Common causes of welding accidents include:

Fire and explosion: Sparks or slag can ignite nearby flammable materials, debris, or fuel. Compressed gas cylinders can also leak or fail, turning routine work into a catastrophic event.
Electrical shock: Improperly grounded equipment or contact between a welder, the electrode, and the workpiece can send current through the body. The risk increases sharply in wet conditions.
Toxic fume exposure: Welding fumes contain metals including manganese, lead, and carbon monoxide. Poor ventilation in confined spaces like tunnels or mechanical rooms concentrates those fumes to dangerous levels.
Arc flash and welder’s flash: Intense ultraviolet and infrared radiation from the welding arc causes flash burns to skin and welder’s flash, an acute eye injury from corneal exposure to the arc.
Falls from height: Welders working on scaffolds, ladders, or elevated platforms face fall risks on top of burn and shock hazards, particularly when fall protection is absent or inadequate.

Who Can Be Held Liable for a Welding Accident in New York

New York Labor Law gives injured construction workers strong tools to pursue negligent parties beyond their employer. We investigate every party whose conduct may have contributed to the injury, including property owners, general contractors, subcontractors, and equipment manufacturers.

New York Labor Law Section 240

Section 240, known as the Scaffold Law, imposes strict liability on property owners and contractors for elevation-related injuries. A welder who falls from a scaffold or ladder, or who is struck by a falling object, may have a claim under Section 240 without needing to prove the owner or contractor was comparatively at fault.

New York Labor Law Section 241(6)

Section 241(6) requires property owners and general contractors to comply with New York’s Industrial Code. A specific code violation, such as inadequate fire protection during hot work or missing eye protection requirements, can support a welding accident claim under this section. Unlike Section 240, comparative negligence can reduce a recovery under Section 241(6).

New York Labor Law Section 200

Section 200 codifies the general duty to maintain a reasonably safe worksite. It applies when an owner or contractor had supervisory control over the work or knew, or should have known, about a hazard. Like Section 241(6), comparative fault can reduce damages under Section 200.

Product Liability for Defective Equipment

When a defective welding torch, regulator, hose, or gas cylinder contributes to an injury, the manufacturer or distributor may face a product liability claim independent of any Labor Law theory. Workers’ compensation generally bars a lawsuit against an employer, but it doesn’t bar third-party claims against other negligent parties on the same job site.

Injuries Welders Sustain & Their Long-Term Consequences

Welding accidents cause injuries that extend well beyond the initial incident. Understanding the full scope of harm is central to building a damages case that reflects what an injured welder may actually face.

Burn Injuries
Thermal and electrical burns frequently require skin grafts and extended wound care. Scarring and functional limitations often persist long after the wounds close.

Eye Damage
Welder’s flash and repeated arc exposure can cause corneal damage. Cumulative exposure over time can contribute to vision loss that may affect a welder’s ability to work in any capacity.

Neurological & Respiratory Illness
Chronic inhalation of welding fumes has been linked to manganism, a progressive neurological condition with symptoms similar to Parkinson’s disease, as well as occupational lung disease. These conditions develop gradually and may not be diagnosed until years after the exposure.

Electrical Injury
Current traveling through the body can damage muscle and soft tissue, leading to compartment syndrome or, in severe cases, amputation.

Hearing Loss
Prolonged exposure to loud welding equipment without adequate protection can cause permanent hearing damage.

Psychological Effects
Severe welding injuries often end a welder’s career in the trade. PTSD, depression, and related psychological harm are recognized damages in a civil claim and are part of what we pursue on behalf of our clients.

Why Choose Godosky & Gentile?

Comprehensive Legal Support
From initial consultation to final resolution, delivering top-tier representation with skill, diligence, and a results-driven approach.
Recognized Expertise
Respected trial attorneys with a reputation for winning complex cases through precision, strategy, and an unwavering pursuit of justice.
Client-Centered Advocacy
Fiercely committed to securing justice and maximum compensation—because every client deserves a powerful voice in the legal system.
Decades of Proven Results
A legacy of success in high-stakes personal injury and catastrophic accident cases, built on relentless advocacy and exceptional legal strategy.

Damages, Deadlines & What to Do After a Welding Accident

A third-party civil claim can recover what workers’ compensation alone cannot: pain and suffering, full lost wages, loss of future earning capacity, and future medical expenses. For families who have lost a welder to a fatal accident, a wrongful death claim under New York’s EPTL 5-4.1 allows recovery for pecuniary losses including lost financial support and funeral costs.

Filing Deadlines

Deadlines vary by claim type. New York personal injury claims generally carry a three-year statute of limitations from the date of injury. Wrongful death claims generally must be filed within two years of death. Claims against a government entity typically require a Notice of Claim within 90 days of the accident. Missing a deadline may bar a claim, so timing matters.

Steps to Protect Your Claim

Taking the right steps after a welding accident helps preserve evidence and protect your legal options.

Seek medical attention immediately, even if injuries seem minor at first
Report the accident and complete an incident report before leaving the site
Document the scene and preserve any equipment or materials involved
Don’t give a recorded statement to an insurer before speaking with an attorney

Speak with a Welding Accident Attorney in New York Today

Consultations are free and available around the clock. We accept no legal fees unless we secure a verdict or settlement on your behalf. Call our New York welding accident attorneys at (212) 742-9706 to discuss your claim.

New York Regulations Governing Welding & Hot Work

Several regulatory frameworks directly govern welding safety on New York job sites, and a violation of an applicable provision can support a claim under Labor Law Section 241(6) when that violation contributed to the injury.

New York Industrial Code, 12 NYCRR Section 23-1.8 requires employers to provide eye protection for workers performing welding, burning, cutting, chipping, or grinding. It also requires welding shields and goggles to be disinfected between users.

New York City Fire Code, Chapter 35 contains a dedicated chapter governing welding and other hot work operations in the city, addressing permit procedures, fire watch responsibilities, and the conditions under which hot work may be performed.

When a contractor or property owner fails to meet these standards and that failure contributes to a welding accident, it can form the factual basis for a Section 241(6) claim. We review regulatory compliance as part of every construction accident investigation we conduct.

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