Welding is one of the most physically dangerous trades in construction. The work involves sustained exposure to extreme heat, ultraviolet and infrared radiation, toxic metal fumes, electrical current, and confined spaces. When something goes wrong — a flash burn to the eyes, a thermal burn from molten metal, toxic fume inhalation in an unventilated space, or electrocution from faulty equipment — the injuries are often severe and sometimes permanent.
If you are a welder injured on the job in New York, you are entitled to workers’ compensation benefits regardless of who was at fault. But depending on the circumstances, you may also have a third-party claim that provides compensation workers’ comp does not — including pain and suffering. This article explains the types of injuries welders sustain, the benefits available, and the legal claims that may apply.
The injuries welders sustain
Welding injuries fall into several categories, each with different medical treatment needs and different implications for benefits.
Burns are the most common. Arc welding produces temperatures exceeding 10,000 degrees Fahrenheit. Contact with molten metal, sparks, or slag causes thermal burns ranging from superficial to full-thickness. Flash burns from the arc itself can damage exposed skin and, when safety goggles are not worn or fail, the cornea. Severe burns may require skin grafting, extended wound care, and leave permanent scarring. A worker with significant facial burns from a welding accident may be entitled to a facial disfigurement award of up to $20,000 under Section 15(3)(a) in addition to other benefits.
Eye injuries are a particular risk. Arc eye — photokeratitis caused by UV exposure from the welding arc — is painful and temporarily debilitating but usually resolves within days. More serious exposures can cause permanent vision damage. The statutory schedule values loss of vision in one eye at 160 weeks, making a Schedule Loss of Use Award available if the vision loss is permanent.
Toxic fume inhalation is a risk that often does not produce immediate symptoms. Welding on galvanized steel releases zinc oxide fumes that cause metal fume fever — flu-like symptoms that appear hours after exposure. Welding on stainless steel releases hexavalent chromium, a known carcinogen. Long-term exposure to welding fumes has been linked to pulmonary fibrosis, chronic obstructive pulmonary disease, and occupational asthma. These are occupational diseases that develop over time and are compensable under New York workers’ compensation, though proving them requires medical evidence connecting the condition to the workplace exposure.
Electrocution occurs when electrical current from the welding equipment passes through the body. This can happen from faulty equipment, damaged cables, wet conditions, or improper grounding. Electrical injuries can cause cardiac arrest, internal organ damage, nerve damage, and burns at the entry and exit points. The severity ranges from minor shock to death.
Musculoskeletal injuries result from the physical demands of the work itself — sustained overhead welding, working in confined or awkward positions, repetitive motions. Shoulder injuries, neck injuries, and back injuries are common among welders who spend years performing physically demanding work in constrained positions.
Workers’ compensation benefits for welding injuries
A welder injured on the job is entitled to the full range of workers’ compensation benefits: medical care for the injury (including surgery, burn treatment, pulmonary treatment, vision care, and physical therapy), wage replacement at two-thirds of the average weekly wage up to the statutory maximum, and, if the injury results in permanent impairment, a Schedule Loss of Use Award or a permanent disability classification.
For welding injuries that cause permanent impairment to a scheduled body part — an eye, a hand, a finger — the Schedule Award provides additional compensation based on the percentage of loss of use and the weeks assigned to that body part on the statutory schedule. For injuries to non-scheduled areas — the back, neck, or lungs — the permanent disability is evaluated through the loss of earning capacity framework.
Occupational diseases from chronic fume exposure are also compensable. The claim must be filed within two years of the date the worker knew or should have known that the condition was related to the employment. This is a different deadline from the 30-day notice requirement for traumatic injuries, and it is critical for welders who develop respiratory conditions years into their career.
When a third-party claim applies to a welding injury
Workers’ compensation provides partial wage replacement and medical care but does not compensate for pain and suffering. If someone other than your employer was responsible for the conditions that led to the injury, a third-party lawsuit can provide full damages.
On a construction site, the property owner and general contractor have obligations under New York Labor Law to provide safe working conditions. If a welder is injured because the work area lacked adequate ventilation, because fall protection was missing on an elevated platform, because the confined space was not properly monitored, or because the electrical system was improperly configured, the entity responsible for those conditions may be liable under Labor Law Sections 200 and 241(6).
If the welding equipment itself was defective — a faulty ground clamp, a damaged cable, a regulator that failed — the manufacturer of that equipment may be liable under a products liability theory. The worker does not need to prove negligence in a strict liability products claim — only that the product was defective and the defect caused the injury. Preserving the defective equipment for expert examination is critical. If the equipment is repaired, replaced, or discarded, the evidence may be lost.
OSHA standards and welding safety
OSHA regulations set specific safety standards for welding operations. These include requirements for ventilation in welding areas, personal protective equipment (welding helmets, gloves, protective clothing), fire prevention measures, confined space entry procedures, and electrical safety. An employer who violates these standards and exposes a welder to conditions that cause injury is subject to OSHA citations and fines.
You cannot sue your employer directly for an OSHA violation — the exclusive remedy doctrine limits your claim against your employer to workers’ compensation. But the OSHA violation can serve as evidence in a third-party lawsuit against the property owner, general contractor, or other responsible party. An OSHA citation that documents inadequate ventilation or missing safety equipment on the date of the injury corroborates the third-party claim.
What to do after a welding injury
Get medical attention immediately. Some welding injuries — particularly toxic fume exposure and eye injuries — worsen rapidly without treatment. Do not wait to see if symptoms develop. If you welded on galvanized or stainless steel without adequate ventilation, seek medical evaluation even if you feel fine at the end of the shift. Symptoms may appear hours later.
Report the injury to your employer within 30 days. File your workers’ compensation claim. Document the conditions: photograph the work area, the equipment, the ventilation setup, the PPE that was or was not provided. Identify witnesses. If the equipment malfunctioned, do not let it be repaired or discarded — it is evidence.
If you believe the injury resulted from unsafe conditions controlled by someone other than your employer, or from defective equipment, consult with an attorney who handles both workers’ compensation and third-party personal injury claims. The third-party claim has a three-year statute of limitations. Identifying it early protects the deadline and preserves the evidence.
How Schwartzapfel Holbrook handles welding injury cases
At Schwartzapfel Holbrook, we represent welders across New York City and Long Island in workers’ compensation cases and third-party lawsuits. Our evaluation of every welding injury includes assessing the full range of workers’ compensation benefits — including Schedule Loss of Use for eye, hand, and finger injuries, permanent disability for respiratory and musculoskeletal conditions, and facial disfigurement awards for burn scarring — as well as identifying third-party claims against property owners, general contractors, and equipment manufacturers.
Welding injuries are preventable when safety standards are followed. When they are not, the parties who failed to maintain safe conditions should be held accountable.
Schwartzapfel Holbrook / Fighting For You