Welding Accident Lawsuit | 2025 Latest Updates

If you or a loved one experienced severe burns, eye injuries, respiratory problems, or other serious injuries following a welding accident, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to unsafe welding conditions or equipment failures.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.

Welding Accident Lawsuit Overview

Welding accident lawsuits involve workers who have suffered serious injuries due to hazardous conditions, faulty equipment, inadequate training, or employer negligence during welding operations.

These cases typically allege that employers or equipment manufacturers failed to follow OSHA regulations pertaining to welding, cutting, and brazing, resulting in preventable injuries.

According to industry data, over 500,000 workers are injured each year in welding accidents [1]. The extreme heat, toxic fumes, flying sparks, and intense light associated with welding create significant hazards that can lead to severe injuries or fatalities when proper safety protocols are not followed.

Latest Welding Accident Lawsuit Updates

March 12, 2025 – A federal court in Texas awarded $4.2 million to a pipefitter who suffered third-degree burns and permanent respiratory damage after a welding accident at a petrochemical facility. The jury found the employer failed to provide adequate ventilation and proper safety equipment, establishing a precedent for similar cases nationwide [2].

January 8, 2025 – OSHA announced strengthened enforcement of welding safety regulations following a comprehensive investigation of 200 welding accident sites across multiple industries. The new guidelines specifically address ventilation requirements and mandatory protective equipment standards, with increased penalties for non-compliance.

November 15, 2024 – A class action lawsuit was certified against a major welding equipment manufacturer after evidence emerged that their auto-darkening helmets experienced critical delays in darkening, resulting in eye injuries to over 300 welders across the country. The settlement discussions are ongoing with initial compensation estimates exceeding $25 million.

FDA Reports and Statistics

While welding accidents fall under OSHA rather than FDA jurisdiction, important safety statistics include:

• Over 500,000 workers suffer welding-related injuries annually in the United States
• Approximately 25% of all welding injuries involve burns to the face, hands, or upper body
• Eye injuries account for nearly 160,000 welding incidents each year, with flash burns (welder’s eye) being the most common
• Respiratory problems from welding fume exposure affect an estimated 30-40% of career welders, with 15,000 new cases reported annually
• The Bureau of Labor Statistics reports that welders experience a fatality rate approximately 4 times higher than the average for all construction workers
• Economic impact of welding injuries is estimated at $1.3 billion annually in medical costs, lost wages, and decreased productivity

Welding Accident Injuries & Side Effects

Welding operations involve extreme heat, intense light, and potentially toxic fumes that can cause numerous serious injuries when proper safety measures aren’t implemented.

• Thermal Burns: First, second, and third-degree burns from direct contact with flames, molten metal, or hot materials, often requiring skin grafts and leaving permanent scarring
• Eye Injuries: Arc eye (welder’s flash), corneal abrasions, cataracts, and permanent vision loss from exposure to intense ultraviolet and infrared radiation without proper eye protection
• Respiratory Damage: Bronchitis, pneumonia, metal fume fever, and long-term lung diseases from inhaling toxic fumes, gases, and particulate matter released during welding processes
• Electrical Injuries: Electric shocks, electrical burns, cardiac arrest, and nerve damage from contact with improperly grounded equipment or working in wet conditions

Do You Qualify for a Welding Accident Lawsuit?

You may qualify for a welding accident lawsuit if:

• You were injured while performing welding operations or working in proximity to welding activities
• Your injury occurred within the past 1-3 years (varies by state)
• You experienced serious injuries such as burns, eye damage, respiratory issues, or electrical injuries
• The accident resulted from employer negligence, unsafe working conditions, defective equipment, or inadequate training
• You sought medical treatment for your injuries
• You can document that OSHA regulations or industry safety standards were violated

Evidence Required for a Welding Accident Lawsuit

To strengthen your case, you should collect:

• Medical records documenting your injuries and treatments
• Photographs of your injuries and the accident scene
• Witness statements from coworkers who observed the accident or unsafe conditions
• Employment records showing your work history and position
• Documentation of safety violations or previous incidents at your workplace
• Records of any OSHA investigations or citations related to your employer
• Manufacturer information for any equipment that malfunctioned

Damages You Can Recover

A successful welding accident lawsuit may provide compensation for:

• Medical expenses, including emergency treatment, hospitalization, surgeries, and ongoing care
• Lost wages from time off work during recovery
• Diminished earning capacity if your injuries prevent you from returning to welding
• Pain and suffering, including physical pain and emotional distress
• Permanent disability or disfigurement
• Rehabilitation costs, including physical therapy and vocational retraining

Types of Welding Accidents

Welding involves fire and extremely high temperatures. Given the inherent dangers of welding, the risk of injury is always present.

Injuries commonly result from:

• Extreme heat and burns
• Fire due to sparks, the presence of gasoline and other flammable materials, and ignited fumes
• Fatigue due to overworking, double shifts and multiple shifts
• Lightheadedness due to fumes
• Eye injuries
• Too-tight quarters between workers

OSHA has regulations pertaining to welding, cutting, and brazing. When these welding regulations are not followed, and a worker is injured as a result, he or she may be entitled to compensation through a construction accident lawsuit against the owner or general contractor.

Depending on the severity of the injury, compensation may be awarded for both lost wages and loss of earning capacity.

Statute of Limitations for Welding Accident Lawsuits

The statute of limitations for filing a welding accident lawsuit varies by state, typically ranging from 1-3 years from the date of injury.

Some states apply the “discovery rule,” which means the clock starts ticking when you discovered or reasonably should have discovered that your injuries were caused by the welding accident.

For workers’ compensation claims, the deadlines are often shorter, sometimes as little as 30-90 days to report the injury to your employer and 1-2 years to file a formal claim.

Additionally, if your case involves a product liability claim against a welding equipment manufacturer, different timelines may apply.

Because these deadlines are strict and the rules complex, it’s essential to consult with an attorney as soon as possible after a welding accident to ensure your legal rights are protected.

FAQs

Related articles:

• Scaffolding Accidents Litigation
• Construction Site Accident Suit
• Ladder Fall Workplace Accident Suit

See all related workplace injury lawsuits we’ve taken on.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for welding accident injuries. Depending on your state, you may have as little as 1-2 years from the date of injury to file a claim, and workers’ compensation notice requirements can be as short as 30 days. This critical window can close before you realize it, permanently affecting your right to compensation.

Our firm offers:

• Free, confidential consultations to evaluate your potential claim
• No upfront costs or fees to begin your case
• Payment only if we secure compensation for you

If you or a loved one has suffered burns, eye injuries, respiratory problems, or other injuries in a welding accident, contact the experienced personal injury attorneys at Schmidt & Clark, LLP immediately to protect your rights and explore your legal options.

References

1. https://www.osha.gov/welding-cutting-brazing/hazards-solutions
2. https://www.constructionaccidentnews.com/texas-welder-settlement-2025