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Injury Claims for Welding Fume Poisoning

Is it possible to for welders to pursue injury claims for welding fume poisoning, and if so how can I tell if I am entitled to pursue a claim?

It may be possible to pursue injury claims for welding fume poisoning if you are able to prove that someone other than yourself is at least partly responsible for you developing your condition. As your employer owes you and your colleagues a ‘duty of care’ – meaning that they must take reasonable precautions to ensure your safety in the workplace – it is likely that your claim for compensation may have to be taken against them.

If you believe that your employer contributed to you developing your condition – either through not providing you with the proper safety equipment, such as a mask and overalls, or through failing to carry out regular safety inspections of your workplace, you may be entitled to claim against an employer for poisoning.

In order to get your condition on record you should make an entry in your employer’s Accident Report Book, which they may be obligated to keep for insurance reasons. The submission will serve as an account of your version of events and may be referred to if needed during your claim for being poisoned at work. Depending on the type equipment with which you work, your employer may be able to be found in violation of RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).

You can further bolster your claim for being poisoned at work by taking photographs of your workspace; evidence which may serve as proof that you are working in an unsafe environment. The ability to prove that an absence of ventilation and proper adherence to health and safety rules contributed to the development of your illness may be useful if your employer denies liability.

Once you have gathered all of your evidence, your solicitor will use it to compile a ‘letter of claim’, which they will then forward to your employer. Compiling the strongest possible ‘letter of claim’ for injury claims for welding fume poisoning is essential to ensuring that you receive a favourable response from your employer. Once the letter has been dispatched, your employer has 21 days in which to acknowledge that they have received the letter, and a further 90 days in which to decide whether or not to admit liability. If your employer accepts liability for your condition, your solicitor will open negotiations with their insurance company with the aim of securing your maximum possible entitlement. If your employer denies liability and decides to contest your claim for being poisoned at work, your solicitor will issue legal proceedings.

It is important to remember that speaking with a solicitor as soon as possible after your condition is diagnosed is integral to being able to receive the maximum amount of compensation possible for a claim against an employer for poisoning. Injury claims for welding fume poisoning are always best taken when the advice of a solicitor is sought as early as possible.