Almost every construction site, whether residential or commercial, uses nail guns. These guns are quite powerful, able to shoot a 3-inch nail more than 100 mph, according to the National Institute for Occupational Safety and Health. A nail gun can help finish a job faster than a manual hammer, but it’s good to remember that a nail gun can be as dangerous as a firearm.
It’s no small wonder then why, according to Centers for Disease Control estimates, there are 37,000 visits to emergency rooms a year because of Nail Gun Accidents, and 68% of those accidents involve a worker.
Contact John Foy & Associates at 404-400-4000 if you have any questions about your rights after a Nail Gun Accident Injury. We’re one of Atlanta’s most established personal injury law firms. We’re part of the Atlanta community and were established solely to help people who have been injured through someone else’s negligence.
What should I do if I or a loved one has been injured in a nail gun accident?
If you or a loved one has been injured in a nail gun accident, you get as much information as possible about the injury. Where did it happen? What was going on during the accident? Who were the witnesses? Construction sites tend to employ multiple contractors who then employ day laborers and skilled workers, all of whom move from site to site. It’s important to get the names and telephone numbers of as many people as possible.
Notify your supervisor that there has been an accident. This is important for a Workers Compensation claim. You have 30 days to notify a manger of your injury. Do NOT discuss the accident with your supervisor or any insurance representative without first seeking legal representation.
And please get medical attention for every nail gun injury. Don’t try to toughen it out.
We urge you to employ at attorney. Workers Compensation is a complicated system and experienced attorneys represent most of its players. Don’t go into a case expecting this to be something you can handle on your own.
You may also have a personal injury claim, as well, if another company or a defective piece of equipment caused your accident. Either way, John Foy & Associates Nail Gun attorneys can represent you in both kinds of claims.
My husband was hurt on the job in a nail gun accident. What kind of claim does he have?
If your husband has been hurt on the job in a nail gun accident, he has a valid workers compensation claim. If a contractor, nail gun manufacturer or other hazard caused his injury, he may have a personal injury claim. If he has been severely injured and is incapable of working again, or helping you with raising your children or providing for your family then you, too, may have a legitimate claim.
Give our attorneys at John Foy & Associates a call at 404-400-4000 for a frank, private and ethical discussion about what sort of claim you and your husband may want to seek.
What are the causes of nail gun accidents?
OSHA’s safety materials report these main reasons for nail gun accidents:
- A second unintended nail is discharged
- Knocking the safety contact with the trigger squeezed
- The nail penetrates the lumbar work piece
- A nail ricochets off a hard surface or metal feature
- The nail misses its target
- Awkward positioning
- Safety mechanisms have been bypassed
There are other hazards from using a nail gun, including exposure to loud noises and damage to the musculoskeletal systems from repetitive stress.
OSHA says the nail gun injuries are vastly underreported because workers tend to “tough it out” instead of seeking treatment.
What are the common injuries of nail gun accidents?
According to OSHA, more than half of all nail gun accidents are to the hands and fingers, with a full one-quarter damaging tendons, joints, nerves and bones. After that, the most common injuries are to legs, thighs, feet and toes. There have even been reported injuries to the skull, spinal cord, eyes and necks. A nail gun injury can cause serious damage to the muscles and tendons, as well as introduce blood poisoning.
Nail gun injuries are particularly common in residential construction, especially during the framing and sheathing phase.
Who is responsible in a nail gun accident?
In a Workers Compensation claim, it is not necessary to assess blame. In fact, the system is set up to get you help no matter who is responsible for the injury.
An injury may occur because workers are not using proper safety equipment, such as hard hats and eye and hearing protection. In addition, many construction accidents happen in general because workers are not properly trained.
There may be a third person or party responsible for the injury, if so, then you have a right to file a personal injury claim.
Is a nail gun accident injury a workers compensation or personal injury claim?
A nail gun accident injury is certainly a workers compensation claim if the injury happened on the job. This system is set up to provide the necessary medical care for you to recover. That means doctors visits, physical therapy, prescriptions and surgery should all be covered. The goal is to get you back to work as quickly as possible. You are also eligible for a compensation payment while you are recovering.
If a third party, such as a manufacturer or other contractor, was responsible for your injuries, then you may have a personal injury claim. These claims help pay for any necessary medical costs, lost income or wages and pain and suffering.
Our attorneys at John Foy & Associates can represent you through either kind of claim, and in fact, can work through the details of your accident for you to see if you are eligible for a workers compensation case, a personal injury claim or both. Give us a call at 404-400-4000 for a free consultation.
Can I file a claim if I don’t have enough money to hire an attorney?
You don’t need money to hire a personal injury or a workers compensation attorney. A personal injury attorney gets paid for services out of the settlement. If there is no settlement, the firm doesn’t get paid. Make sure you hire a firm that is established enough to absorb costs as the claim ensues.
A workers compensation attorney is paid out of any settlement.
Do not accept services for either claim from any attorney that wants to charge you up front. It’s unethical and violates industry practices for a personal injury attorney to charge you up front.
How can John Foy & Associates help me?
John Foy & Associates has been an Atlanta-based personal injury firm for more than 20 years. You can imagine that with Atlanta’s continual construction boom we have seen our share of nail gun accidents. What is life altering and, we hope, a rare crisis for you is familiar to us. We are not afraid to take on large corporations, insurance companies and even the workers compensation system.
Our 20-plus attorneys and more than 100 staff members have the resources to investigate your claim and make sure you get the best settlement possible. We’re in no hurry to settle.
Give us a call at 404-400-4000 for a free and confidential consultation. Someone will answer the phone 24 hours a day, every day of the year.