I was injured at the factory at which I work when I was overcome with fumes from the plasma cutter I was using and burned my hand as I dropped the torch. My supervisor says that I may not be entitled to welding injury compensation because I failed to check for adequate ventilation before I started. Is that right?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

I was injured at the factory at which I work when I was overcome with fumes from the plasma cutter I was using and burned my hand as I dropped the torch. My supervisor says that I may not be entitled to welding injury compensation because I failed to check for adequate ventilation before I started. Is that right?

Answer:

The fact that you did not check for adequate ventilation should not disqualify you from claiming welding injury compensation as this something which should be accounted for in your employer´s risk assessment before allocating you the welding task in the location where you were overcome by welding fumes. However, if your supervisor is already casting doubt over whether your employer will readily acknowledge liability in your claim for welding injury compensation, it may be in your best interests to speak with a personal injury solicitor as soon as practically possible.

To proceed with a claim for welding injury compensation directly through the Injuries Board Ireland may only serve to extend the length of time it takes to resolve your claim as, should your employer fail to consent to the Injuries Board assessing your welding injury compensation claim, the Injuries Board Ireland will decline your claim and you will be issued with an authorisation to pursue your compensation claim for a welding injury through the courts.

Although it may be necessary to pursue this course of action if other attempts at obtaining welding injury compensation from your employer are unsuccessful, it could take several months for the authorisation from the Injuries Board Ireland to materialise – during which time your solicitor may be able to resolve your welding injury compensation claim through negotiation with your employer and his or her insurance company.

How much compensation for a welding injury you receive will not be affected by taking this alternate route to welding injury compensation and, with legal representation, you are protected against any potential breaches of employment law which may occur at the factory in relation to your welding injury compensation claim.