Welding Rod

What is a Welding Rod?

Welding rods are used in the process of welding, or joining, certain materials together including metals and plastics. Welding, as opposed to soldering which uses an intermediary substance to bind materials together, involves the addition of extreme heat to two separate materials. The heat causes the materials to bond together.

Safety

The use of Welding Rods is an essentially dangerous operation. OSHA, among other national organizations, have strict requirements over the use of welding rods in the work place. Protective gear including, but not limited to, face shields, protective gloves, and clothing are essential. When using Welding Rods an individual is working with extreme heat and electricity and the proper precautions should be taken. For a complete listing of the safety standards associated with the use of welding rods please see www.osha.gov/SLTC/weldingcuttingbrazing/.

Injury

Welding rods and their use in welding can lead to disastrous results even if used properly. Both the negligence of the user and those around him/her can cause serious injury. When using welding rods to bind materials together there is a natural release of toxins. These toxins can cause conditions such as Parkinson's disease, lung cancer, kidney disease and metal poisoning along with death.

Litigation

Welding rod injuries happen often and litigation over illnesses linked to the use of welding rods has become prevalent. In 2005 an Illinois court awarded $1 million to welder who suffered Parkinson's disease from his use of welding rods. The complaint stated that the welding rod manufacturer failed to adequately warn of the risks associated with the product. The court agreed, stating that the warning label was, not only ineffective, but also located in an area that was wholly conspicuous.

In 2005, there were 3,000 plus cases filed against more than 20 manufacturers of welding rods for their failure to adequately warn consumers of the adverse side effects associated with the product. The complaints allege that, even as far back as the 19th century, the dangers of welding rods were known and the manufacturers have done all they can to limit the release of the information to the public. Since the inception of the thrush of litigation involving welding rods 85% of the claims have either been dismissed or granted summary judgment. This is due largely to the fact that it is inconclusive what actually caused the illnesses involved. A second reason is that the statute of limitations expired.

In a Mississippi case ruled on recently the appellate court overturned a $1.8 million verdict for the plaintiff. The court ruled, in granting summary judgment, that the statute of limitations had expired. The plaintiff argued that he became aware of Magnesium poisoning in 2005 but the defense countered that he was aware of a "welding related neurological illness" as far back as 2002. The court was clear in stating that the statute of limitations begins to accrue when the plaintiff knew, or should have known, of his injury. The cause of the injury is immaterial to the statute of limitations.

What if I have a welding injury?

If you or someone you love suffers from a welding injury it is important that you seek an attorney. As the case above describes, the statute of limitations is constantly running; it is essential to act quickly. If you know that there is injury and it can be attributed to welding rods then it is important that a claim be filed immediately. There are now 750 pending cases involving welding rods. Get an attorney to file your claim so you can be 751.