Chicago Nail Gun Accident Lawyer

Fair Compensation for Nail Gun Injuries in Chicago

Nail guns are designed to speed up construction, but when a malfunction, misuse, or defective part turns a routine task into a disaster, the results can change a worker’s life forever. Our Chicago nail gun accident lawyer team represents injured workers and families throughout Cook County who are left facing mounting medical bills, lost wages, and uncertainty after these incidents. 

What Makes Us the Best Nail Gun Accident Lawyers in Chicago

For nearly 25 years, Rosenfeld Injury Lawyers has stood up for injured construction industry workers and families facing the aftermath of preventable workplace accidents.

Our Chicago construction accident attorneys have recovered more than $450 million in settlements and verdicts for our clients, including those injured in construction accidents, defective equipment claims, and workplace injury cases. 

Our results speak for themselves, but so does the recognition we have earned from trusted organizations:

• Million Dollar Advocates Forum
• Super Lawyers
• American Association for Justice (AAJ)
• Illinois Trial Lawyers Association
• AVVO 

What Are the Most Common Causes of Nail Gun Accidents in Chicago?

From what we’ve seen in representing workers, most nail gun accidents stem from a few recurring problems:

• Defective or unsafe nail guns – Some models, especially older contact triggers, are prone to double firing or misfires. In these cases, the manufacturer may share liability.
• Lack of training – Employers often fail to provide adequate training on nail gun safety, increasing the risk of serious injury.
• Unsafe work conditions – Cluttered or crowded construction sites, poor lighting, or slippery surfaces make accidents far more likely.
• Improper maintenance or careless use – When nail guns aren’t inspected, or when workers are rushed and pressured, injuries become almost inevitable.

What Are the Most Common Nail Gun Injuries?

Accidents involving nail guns often result in serious injuries, such as:

• Puncture wounds – Nails can pierce hands, arms, legs, or even the chest, often leading to nerve damage or infections.
• Eye and facial trauma – Misfired nails can cause permanent vision loss or disfigurement.
• Bone fractures and joint damage – A high-velocity nail can shatter bones or lodge in sensitive areas like knees or wrists.

Victims may face chronic pain, reduced mobility, and in the most severe cases, death.

What Damages Are Awarded for Accidents Involving Nail Guns?

Workers’ Compensation Benefits

If the accident occured while you were on the job, you are generally entitled to workers compensation benefits under Illinois law. These can include:

• Coverage of all reasonable treatment related to your injuries
• Partial wage replacement for the time you cannot work
• Disability benefits if your injuries limit your ability to return to the same type of work
• Vocational training or rehabilitation if you need to transition into a different job

Personal Injury Claim Damages

In addition to workers compensation, many nail gun accident cases involve third parties such as a manufacturer, subcontractor, or property owner. In these situations, filing a personal injury claim can provide damages that go beyond basic benefits, including:

• Full lost wages and reduced earning capacity
• Pain and suffering 
• Compensation for emotional distress and loss of quality of life
• Future medical costs, including surgeries, rehabilitation, and long-term care

What Is the Average Nail Gun Accident Payout in Chicago?

The average payout is approximately $1.9 million, with a median of $800,000. Reported case values range from just over $28,000 to more than $18 million.

Factors that influence the value of a nail gun accident claim include:

• The extent of nail gun injury 
• Whether the accident happened on a job site and qualifies for workers’ comp benefits
• If a third party, such as a manufacturer or property owner, can also be held liable
• The amount of lost earnings and long-term impact on earning capacity
• The cost of medical care, rehabilitation, and future treatment needs

Example Nail Gun Accident Cases

$18 Million Verdict – Structural Beam Installation Accident

A construction worker was injured while using a nail gun to fasten a beam during a major project. The nail gun accident caused multiple puncture wounds and severe complications, including chronic pain and permanent nerve damage. The jury found both the subcontractor and general contractor responsible, awarding nearly $18.1 million in damages.

$3.4 Million Verdict – Nail Fired Into Skull

A carpenter using a pneumatic nail gun suffered catastrophic injuries when the tool misfired, sending a nail into his skull and brain. The accident left him permanently paralyzed on his left side and with lasting cognitive impairments. The jury awarded $3.4 million against the manufacturer and distributor, finding the contact trigger design unreasonably dangerous compared to safer sequential trigger nail guns.

$2 Million Verdict – Head Injury from Recoil

In another case, a journeyman carpenter was injured when a pneumatic nail gun recoiled and discharged a nail into his head. He required brain surgery and suffered long-term neurological issues, including memory loss and dizziness. The jury awarded him $2,013,017, finding the manufacturer liable for failing to provide adequate warnings and a safer trigger mechanism.

Why You Need a Nail Gun Injury Lawyer

Nail gun accidents are rarely straightforward. Employers and insurance companies often try to shift blame onto the injured worker, arguing the accident was due to misuse or carelessness. 

In many cases, a manufacturer or property owner may also be responsible, but proving that requires careful investigation and expert testimony.

In Chicago, these cases are typically filed in the Circuit Court of Cook County, where defendants will have experienced attorneys fighting to minimize their liability. 

Without a lawyer who understands both the personal injury and the workers’ compensation claim process, victims risk walking away with far less than they deserve.

At Rosenfeld Injury Lawyers, we know the tactics insurance companies use to delay, deny, or undervalue claims. Our nail gun injury lawyers collect evidence, consult with workplace safety experts, and challenge any attempt to pin fault on the injured party. 

We’ve handled thousands of personal injury claims across Chicago and Illinois, and we bring that experience to every nail gun accident claim. Having a dedicated personal injury lawyer on your side ensures your legal rights are protected and that you have the best chance of securing fair compensation.

How Common Are Nail Gun Accidents in Chicago?

Nail guns account for around 37,000 emergency room visits across the United States each year, according to the CDC. About 66% of these cases involve construction workers on framing or sheathing projects, with the remainder involving consumers.

Studies show:

• More than half of reported nail gun injuries involve the hands or fingers.
• One-quarter of hand injuries cause structural damage to tendons, nerves, and bones.
• Legs, knees, and feet are the next most commonly injured areas.
• Severe nail gun injuries have led to paralysis, blindness, brain damage, bone fractures, and even death.

Research also shows that contact trigger nail guns are twice as likely to cause injuries compared to sequential trigger nail guns. 

Where Do Nail Gun Accidents Occur Most Often in Chicago?

Through our work with injured clients, we’ve seen that nail gun accidents in Chicago most often happen at active construction sites, residential developments, and renovation projects. While they can occur anywhere nail guns are used, certain areas and job types see higher risks.

Large-scale projects in the Loop, West Loop, and River North frequently involve multiple subcontractors working in tight spaces. In these environments, workers are often under pressure to meet deadlines, which can lead to mistakes with pneumatic nail guns or misuse of unsafe contact trigger models.

Neighborhoods like Lincoln Park, Lakeview, and Wicker Park have seen a boom in residential renovations. Many nail gun accidents occur on these smaller job sites, where safety oversight may be lacking and inexperienced workers handle powerful tools without adequate training.

Areas on the South Side, including Pullman and Back of the Yards, are home to expanding warehouses and logistics facilities. Construction workers on these projects are frequently exposed to nail gun hazards, especially during framing, roofing, and flooring installation.

Beyond city limits, suburbs like Cicero, Oak Park, and Evanston see frequent residential and commercial construction. 

What Laws Govern Nail Gun Accident Claims in Chicago?

Nail gun accident cases in Chicago are governed by a mix of state laws, city ordinances, and established case law.

If you sustained nail gun injuries while working, your primary avenue of recovery is usually through the Illinois Workers’ Compensation Act (820 ILCS 305/). 

This law requires employers to provide benefits for injured employees, including medical expenses, wage replacement, and disability coverage. While the system is not fault-based, disputes often arise over the severity of injuries or whether the accident qualifies for coverage.

When defective products or inadequate warnings contribute to an accident, victims may pursue a personal injury claim under Illinois product liability law. 

Courts have repeatedly recognized that a nail gun manufacturer can be held liable for unsafe designs, failure to warn about double firing risks, or neglecting to promote safer alternatives.

How Long Do Victims Have to Take Legal Action in Illinois?

Time limits are strict when it comes to filing a claim in Illinois. Evidence from the scene, including the nail gun itself, safety reports, and witness testimony, can disappear if not preserved right away. Promptly contacting our legal team allows us to preserve evidence and protect your legal rights while deadlines are still open.

Workers’ Compensation Claim

Under 820 ILCS 305/6(d), you must notify your employer of a workplace accident within 45 days. Formal workers compensation claims generally must be filed within 3 years of the accident or 2 years from the last payment of benefits, whichever is later.

Personal Injury Lawsuit

If your nail gun accident involves third parties — such as a nail gun manufacturer, a subcontractor, or a negligent property owner — under 735 ILCS 5/13-202, you typically have two years from the date of the accident to file a lawsuit in Cook County or other Illinois courts.

Who Is Liable for Construction Accidents Involving Nail Guns in Illinois?

Depending on how the circumstances of your case, several different parties may be responsible for nail gun injuries. Common defendants in nail gun injury cases include:

• Employers – Required to provide benefits for injured workers, covering medical costs and wage replacement.
• Nail gun manufacturers and distributors – Liable in product liability cases if a defective design or lack of safety warnings contributed to the accident.
• Subcontractors and co-workers – If another worker mishandles a nail gun on a shared job site, their employer may be responsible through third party lawsuits.
• Property owners and general contractors – Can be held accountable if they fail to enforce safety guidelines, provide training, or maintain a safe environment.
• Equipment suppliers – May share liability if they rent or supply unsafe, poorly maintained, or defective nail guns.

Our role is to investigate every angle of the accident and ensure all liable parties are held accountable so the injured victim can obtain compensation.

Common Defenses in Chicago Nail Gun Accident Cases

Defendants in nail gun accident claims often try to avoid responsibility by shifting blame or minimizing damages. Some of the most common defenses we see include:

• “The worker misused the nail gun.” – Employers or manufacturers often argue the injured party handled the tool carelessly. We counter this by showing inadequate training, pressure to work quickly, or a defective design that made misuse foreseeable.
• “The injury isn’t as serious as claimed.” – Insurance companies may downplay injuries or long-term complications. We gather medical records, expert testimony, and evidence of ongoing treatment to prove the true impact.
• “The nail gun was safe when it left the manufacturer.” – Nail gun manufacturers sometimes deny responsibility by arguing their product was properly designed. We use product safety experts and industry research showing sequential trigger nail guns are safer alternatives.
• “The employer is the only liable party.” – Defendants often try to limit claims to workers’ comp benefits alone. We investigate whether third party lawsuits against subcontractors, property owners, or equipment suppliers are also available.
• “The worker was partly at fault.” – Illinois uses a modified comparative fault rule. Even if the defense tries to argue partial blame, we focus on employer safety violations, defective equipment, and ignored safety guidelines to reduce or eliminate that argument.

How to Strengthen Your Nail Gun Accident Case in Chicago

After a nail gun accident, the steps you take can make a huge difference in the strength of your claim. 

• Report the accident immediately – Notify your employer or supervisor in writing so there is a clear record of the accident.
• Seek medical attention right away – Even small puncture wounds can lead to infections, nerve damage, or more serious injuries. Getting treated creates important medical documentation for your case.
• Preserve the nail gun and other evidence – If possible, keep the nail gun, work gloves, clothing, or other items involved. These may be crucial in showing defects or safety violations.
• Collect evidence at the job site – Take photos of the construction site, nail gun, and surrounding conditions, or ask a co-worker to do so if you’re unable.
• Identify witnesses – Co-workers and supervisors who saw the accident happen can provide testimony to support your version of events.
• Avoid signing anything without legal advice – Insurance companies and employers may try to get you to sign documents waiving rights or limiting compensation. Always speak to a lawyer first.
• Contact a nail gun accident lawyer quickly – The sooner we are involved, the faster we can gather evidence, file workers compensation claims, and explore personal injury lawsuits or third party claims.

How Our Chicago Construction Site Accident Attorneys Can Help

Here’s how we help our clients:

• Investigating the accident – We gather evidence from the construction site, preserve the nail gun, review OSHA safety reports, and consult experts to identify exactly how the accident happened.
• Filing workers compensation claims – We handle all paperwork, deadlines, and disputes so you receive compensation for medical care and wage replacement without delay.
• Pursuing third party claims – If a nail gun manufacturer, subcontractor, or property owner contributed to the accident, we file additional personal injury claims to maximize compensation.
• Challenging insurance company tactics – Insurers often try to undervalue serious injuries. We fight back with medical evidence and expert testimony.
• Calculating damages – Our legal team makes sure all losses are accounted for, including future medical expenses, long-term disability, lost income, and pain and suffering.
• Taking the case to trial if necessary – We are fully prepared to present your case in Cook County courts if the insurance company refuses to offer fair compensation.

Consult a Chicago Nail Gun Accident Attorney Near You

If you or a loved one has suffered a nail gun injury in Chicago, you don’t have to face the recovery process alone. At Rosenfeld Injury Lawyers, we work on a contingency fee basis, meaning you won’t owe us any legal fees unless we obtain compensation for you. Contact us to schedule a free consultation with a Chicago personal injury lawyer.er.

Specific Cases We Handle

• Punch Press Accident Lawyer
• Roof Fall Accident Lawyer
• Run-Over Construction Equipment Accident Lawyer
• Scaffold Accident Lawyer
• Skylight Fall Accident Lawyer

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.