Nail Gun Accident Lawyers

Construction is the manner, process, or art of building something or a structure that is built or put together. There are numerous aspects of construction that can lead to issues and disputes.

This includes the work that must be completed on construction sites. There are many issues that may arise related to safety, including the tools that construction workers use, such as nail guns.

What are Construction Accidents?

Construction sites can be dangerous places for any individuals who enter them. Employees and other individuals are injured on construction sites every day.

Construction companies often set up systems to provide compensation to victims of injuries that are sustained at their construction site. The amount of compensation that injured individuals receive will usually depend on whether they are employees as well as the severity of their injuries.

Most construction accident issues are handled by lawyers who have experience in dealing with construction companies as well as their insurance companies. This is because the subject matter of these cases is often complex.

A construction accident that involves a bystander or a non-employee is typically treated the same as other personal injury matters. In other words, the injured party would file a lawsuit against multiple parties, including:

• The general contractor who was in charge of the construction site;
• Their insurance company; and
• Any other responsible parties, such as subcontractors or other negligent employees.

If an employee is injured at a construction site while they are employed, the laws governing workers’ compensation will typically apply. This means that the injured party’s claim for damages may be different and may not require a lawsuit if the employer provides them with compensation.

What is a Nail Gun?

A nail gun is a very useful tool, especially in the construction industry. This tool enables nailing to be done in a fraction of the time that it would take to complete with a hammer and nails.

A nail gun is a powerful tool that shoots the nails at a high speed. This fully embeds the nails in:

• Wood;
• Masonry;
• Steel; or
• Concrete.

What Types of Nail Guns are Out There?

There are two main categories of nail guns, contact nail guns and sequential nail guns. With contact nail guns, the gun can continue to fire each time the nosepiece is depressed.

With sequential nail guns, the trigger must be released and depressed each time a nail is filed. This type of nail gun is considered safer.

What are Some Safety Measures when Using a Nail Gun?

There are numerous common precautions that individuals should exercise when using a nail gun, including:

• Selecting the sequential type of nail gun whenever possible;
• Purchasing a gun that has a safety catch device;
• Always reading the nail gun manual before use;
• Only personnel who are properly trained in the use and maintenance of a nail gun should use the nail gun;
• Providing ample supervision to prevent or stop the misuse of the nail gun;
• Not tolerating the unsafe use of a nail gun or any other tool;
• Never pointing the nail gun towards the user or anyone else;
• Wearing safety glasses when working in the vicinity of the nail gun;
• Displaying the appropriate warning signs in areas where nail guns are used; and
• Disconnecting the gun whenever a stop in work occurs or when servicing the gun.

What are the Remedies for Those Injured in a Nail Gun Accident?

An individual who is injured in a nail gun accident may have a personal injury claim based on an intentional tort, or negligence. An employee who is injured in a nail gun accident may have a personal injury claim based on workers’ compensation.

What is a Personal Injury Claim?

When an individual files a personal injury claim, they state that they have sustained an injury, either physical, mental, or both, because of an act or failure to act by the defendant.

The injuries sustained by a plaintiff in a personal injury case may involve:

• Limbs;
• Organs; or
• Other parts of the anatomy.

An injury that is sustained by the plaintiff is a personal injury case that does not have to appear instantly and may develop over time. In personal injury cases, the court may award the plaintiff money damages for personal injury.

Compensatory damages, or money damages, are awarded to a plaintiff to restore them to the position they were in prior to their injury. There are, in general, two main categories of compensatory damages awards, including special damages and general damages.

Special damages are awarded to restore the injured party to the position they were in prior to their injury. This typically includes damages that can be calculated, such as:

• Medical expenses;
• Property damage;
• Loss of wages or earnings; and
• Other quantifiable losses.

General damages may be awarded for losses that cannot be easily determined using monetary calculations. This may include losses related to:

• Emotional distress;
• Defamation; or
• Loss of consortium or companionship.

State laws typically vary regarding compensatory damages. Some states also place limits on compensatory damages, especially general damages.

What is Workers’ Compensation?

Worker’s compensation is an insurance program that is mandated by the state which provides compensation to an employee who has been injured while on the job. Employees who are injured at work and are covered by workers’ compensation are guaranteed benefits regardless of who was at fault for their injuries.

It is important to note that, in exchange for workers compensation benefits, an employee generally forfeits the right to privately sue their employer in court for damages for their injuries.

What Are Workers’ Compensation Benefits?

Common examples of workers’ compensation benefits include, but may not be limited to:

• Replacement income while the employee is recovering from their injuries;
• Compensation for medical expenses;
• Payment of rehabilitation expenses;
• Long-term or lump sum pension if the employee is permanently unable to their work; or
• Temporary disability pension while the employee is not able to work.

In order to satisfy workers’ compensation requirements, the injured individual must be an actual employee of their employer and not an independent contractor. In addition, the injured individual’s injuries must be related to their work.

What Injuries Are Covered by Workers’ Compensation?

Common examples of injuries that may be covered by workers’ compensation include:

• Repetitive stress injuries caused by their job;
• Illnesses or diseases that result from working conditions;
• Traumatic physical injuries that occurred while acting in the scope of the employee’s duties;
• Repeated trauma injuries as a result of the employee’s work;
• Mental injuries that are associated with physical injuries; and
• Occupational diseases that occur as a result of working conditions.

There are several types of injuries that are not covered by workers’ compensation, including:

• Self- inflicted injuries, including injuries caused by an employee starting a fight;
• Injuries that resulted from the commission of a serious crime;
• Injuries that resulted when an employee’s own conduct violated company policy;
• Injuries suffered while an employee was intoxicated or under the influence of illegal drugs; and
• Injuries in which an employee was acting in a reckless manner.

Should I Consult a Construction Attorney?

Accidents involving nail guns can be very complex. Knowledge of the construction industry is important to a plaintiff’s success in these cases.

If you or a loved one have been injured by a nail gun, it may be helpful to consult with a workplace injury attorney. Your attorney can determine if any safety measures were in place when the accident occurred and if those measures met federal and state law requirements.