Nail Gun Accident

Nail guns, while incredibly useful, can also be extremely dangerous tools. These products drive nails deep into materials using high pressure, which can lead to serious injuries if they are misused or misfired.

Rosenfeld Injury Lawyers can assist construction workers and others in getting justice for a nail gun injuries based on the particular circumstances of the incident, ensuring your legal rights are protected.

The Statistics of Nail Gun Injuries

Nail guns are everywhere in the construction industry due to their many uses, but this also means they result in numerous on-the-job injuries per year. Consider these statistics, which underscore the frequency of nail gun injuries:

• Nail guns cause 37,000 emergency room visits per year [1].
• 60% of all nail gun injuries are occupationally related [2].
• Two-thirds of workers’ compensation claims related to nail gun accidents resulted from unintentional discharge or misfire [3].
• Injuries are twice as likely when using pneumatic nail guns with contact triggers as opposed to sequential triggers [4].
• According to the Centers for Disease Control, 12% of nail gun injuries occur to someone other than the user [5].
• In one study, 44% of all carpenter apprentices had suffered at least one nail gun injury before completing their program [6].
• In another study looking at multi-shot contact trigger nail guns, 30% of all injuries were due to ricocheting nails, and another 40% were from projectile nails [7].
• In the past ten years, there have been 5 serious injuries from nail guns in OSHA’s Region Five, which includes Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin [8].

Common Causes of Nail Gun Accidents

Preventing nail gun accidents should be a priority for every construction worker and company, which means understanding how nail gun accidents happen on construction sites. Common causes include the following.

Lack of Adequate Training in Nail Gun Safety

As a construction site is hectic, it is common for a construction company to urge their workers to complete tasks they are not properly trained in. An inexperienced nail gun user can easily sustain life-threatening injury.

Using Contact Triggers

A contact trigger allows users to “bounce” the nail gun across the work surface. This can cause it to double fire, shooting a second nail that may hit the user or a nearby coworker. Sequential trigger nail guns are considered the best and safest type of gun to use.

Unintended Firing

Particularly common when using a contact trigger, the user may keep the trigger depressed and accidentally shoot two nails instead of one.

Recoil

When working with a hard surface like metal or nailing into wood knots, an injured victim may be hit by a ricocheting nail.

Lack of Personal Protective Equipment

Lack of proper safety precautions was one of the most cited Occupational Safety and Health Administration standards in 2023 [9]. Workers should always wear a hard hat, safety goggles, and gloves.

Nail Penetration

This happens when the nail penetrates a wood surface and then comes out the other side, which can result in puncture wounds.

Malfunctioning or Modified Nail Guns

Nail guns that are not kept in proper working order, or have been modified to remove an essential safety mechanism, may cause serious injury.

Common Nail Gun Accident Injuries

Nail gun accidents can cause anything from a minor injury to paralysis or even death. Common injuries caused by nail guns include:

• Puncture Wounds – A puncture wound is the most common injury caused by a nail gun. These may be minor injuries or deep wounds requiring surgery.
• Bone Fractures – Some construction specialties use a three-inch nail or longer. As nail guns use enormous pressure to secure the nail, the force can easily fracture a bone.
• Internal Bleeding – If the injured party is shot in the chest or trunk, they may suffer from internal organ damage or other serious injuries.
• Nerve Damage – When a nail gun injury occurs in soft tissue, it may lead to nerve damage, including paralysis and numbness.
• Brain Damage – A discharged nail may penetrate the skull, leading to permanent brain damage.
• Blindness – If a nail gun fires near the eye, it may lead to severe eye injury and blindness.
• Death – Sadly, there have been numerous deaths resulting from a nail gun accident, including from falls after the accident and when a nail penetrates the brain stem.

Prevention of Nail Gun Accidents in Construction Accidents

Site managers and supervisors are responsible for preventing workplace accidents, including those involving a nail gun. Using the proper equipment for the job is the first step, which includes using sequential trigger guns rather than contact trigger guns.

An occupational safety contact should be assigned to every site who can monitor the premises and assist injured workers. This person should ensure everyone is following safety guidelines and intervene should there be any issues.

No worker should use a nail gun until they are properly briefed on the use of this extremely dangerous piece of equipment. They should also be required to wear the proper protective equipment at all times,

How Our Nail Gun Injury Lawyers Can Help Your Case

Developing an attorney-client relationship is greatly beneficial after a nail gun incident, as we will represent your interests throughout the process. A nail gun accident lawyer from Rosenfeld Injury Lawyers will investigate all facets of the incident, including examining the scene, speaking to witnesses, and reviewing medical reports.

We will explore every angle to obtain compensation for you, whether against the construction firm or the nail gun manufacturer. This can include reviewing safety policies and procedures at the work site and examining guidelines and safety reports from the manufacturing company.

Additionally, an attorney from our law firm can consult with medical professionals and construction experts to understand how the accident happened and what medical needs you may have in the foreseeable future.

With our experience in negotiation, we can handle all communications with the insurance company on your behalf, ensuring you receive fair compensation. If negotiation is unsuccessful, your nail gun injury lawyer will represent you in court and guide you through the entire personal injury claim process.

What to Do After a Nail Gun Accident

Immediate and appropriate action is crucial after experiencing a nail gun accident to ensure your safety, secure your legal rights, and maximize your chances of receiving compensation.

Prioritize Safety

The first step following a nail gun accident is to prioritize safety. Ensure that the tool is turned off and safely placed out of harm’s way. Assess your surroundings and remove yourself from any potential hazards to prevent further injury.

Seek Medical Attention

Regardless of the severity of your nail gun injuries, seeking treatment immediately is essential. Some injuries may not be obvious and can worsen over time. Comprehensive medical records are also vital for any potential claims.

Report the Injury

Report the incident to your employer or supervisor as soon as possible. Detailed documentation of the accident and your injury is essential for both workers’ compensation and personal injury claims.

Gather Evidence

Collect evidence at the scene if you are able to do so safely. Take photographs of the injury, the tool involved, and the location of the accident. Obtain contact information from any witnesses who can corroborate your account of the incident.

Consult Nail Gun Accident Attorneys

Engage with a qualified nail gun accidents lawyer. Experienced attorneys can provide critical guidance, help you understand your rights, and navigate the complex claims process to ensure you receive fair compensation.

Compensation Our Nail Gun Accident Attorneys Can Help You Secure

A nail gun accident lawyer from our legal team will work to secure the maximum amount of compensation possible based on who is liable, the relation of the victim to the defendant, and the type of claim.

For employees injured by a nail gun, we can investigate workers’ compensation benefits. This no-fault system is meant to compensate employees regardless of whether they were responsible for the accident. Independent contractors and subcontractors are not typically eligible for this type of benefit.

Workers’ compensation benefits include compensation for all medical costs related to your injuries as well as a portion of your lost wages. The amount you can receive depends on the extent of your injuries and their permanence.

For site visitors and contractors, we can pursue a personal injury lawsuit. These lawsuits can be filed against a party who can be shown to have been negligent, which includes four factors: duty of care, breach of duty, causation, and damages.

Duty of care means they owe the victim a level of responsibility. If they fail to uphold this responsibility, they have breached this duty. Causation means the accident is wholly or partially related to this breach of duty, and damages means the victim suffered a financial loss as a result of the accident involving a nail gun.

A nail gun injury lawyer from our team can seek multiple types of damages from a personal injury claim, which includes economic and non-economic damages.

Economic damages compensate the victim for the financial burden of their injuries, such as:

• Lost wages
• Medical bills
• Out-of-pocket expenses like physical therapy
• Burial expenses in the case of wrongful death
• Property damage

Non-economic damages consider the emotional and social impact of an accident, including:

• Emotional distress
• Pain and suffering
• Disability
• Disfigurement
• Loss of enjoyment of life
• Loss of companionship in the case of fatal injuries
• Inconvenience

Legal Liability for Nail Gun Accidents

Legal liability for a nail gun accident will determine what type of claim our law firm can pursue. The different types of claims and their potential defendants include the following.

Product Liability Claim

A product liability attorney from our team can pursue a settlement from the nail gun manufacturer if it can be shown a certain nail gun had a manufacturing flaw or was poorly designed, resulting in injury to the victim.

For example, double firing from sequential trigger nail guns would suggest a serious manufacturing defect rather than nail gun user error in construction accidents.

Workers’ Compensation Claim

Employers are obligated to compensate employees for injuries they suffer on the job, regardless of who is at fault.

This system provides for all medical care associated with the accident and a portion of lost wages, and it is covered by insurance maintained by the employer. Nearly every construction company must carry this insurance and can face significant fines if they allow their insurance to lapse.

However, insurance companies often arbitrarily deny claims to reduce their own expenses. This is why working with our workers’ comp lawyers is a key element of ensuring you receive full benefits in your workers’ compensation claim.

Personal Injury Claim

When someone other than an employer is responsible for injuries at a work site, our personal injury lawyers can hold the negligent party accountable. These are called third-party claims, and they can compensate nail gun accident injury victims for both economic and non-economic losses due to the accident.

Potentially liable parties can include workers, contractors, companies, property owners, manufacturers, other professionals, or guests at the work site.

We can assist construction workers, pedestrians, bystanders, and the surviving families of those killed in nail gun accidents.

You Have a Limited Time to File a Nail Gun Accident Claim

It is essential to be aware that the timeframe for filing a nail gun accident injury claim varies depending on your jurisdiction and the nature of your injury.

For personal injury claims, most states have statutes of limitations spanning from one to three years., though some have even longer deadlines.

For workers’ compensation claims, the time limit can differ significantly based on local laws and regulations, sometimes requiring action within one to two years from the date of injury or from the last benefits payment.

Given these variations, it is crucial to consult with a nail gun injury lawyer from our firm as soon as possible after an injury occurs. Prompt legal consultation ensures that we have sufficient time to thoroughly investigate your claim, gather relevant evidence, and take necessary legal actions within the prescribed deadlines. This proactive approach maximizes your chances of receiving just compensation for your injuries.

The Cost of Hiring a Nail Gun Accident Attorney

Our construction site accident attorneys work on a contingency fee basis, meaning we are only paid if we win your case. Everything, from the free and confidential consultation to legal representation in court, costs you nothing upfront. We will instead deduct our legal fees from your settlement for peace of mind.

Contact Our Experienced Nail Gun Accident Lawyers Today!

If you have been injured by a nail gun at your place of work, you deserve compensation for your financial losses related to the accident. Rosenfeld Injury Lawyers can assist you in exploring your legal options and protect your rights when negotiating with an insurance company. We have recovered millions in financial compensation for our clients, and we work on a contingency fee basis, so you owe us nothing unless we secure a settlement for you.

Based in Chicago, we’re dedicated to helping clients across Illinois and take select cases nationwide. With a deep understanding of nail gun accidents and common injuries, we will examine the circumstances surrounding your case to make sure you receive maximum compensation.

Contact our construction accident lawyers in Chicago at (888) 424-5757 or online to schedule your free consultation today.

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

References: [1] OSHA, [2] CDC, [3] OSHA, [4] OSHAcademy, [5] CPWR, [6] eLCOSH, [7] eLCOSH, [8] OSHA, [9] OSHA

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.