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Legally Reviewed by:

Jonathan Rosenfeld
J.D

March 2, 2023

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

The dangers of working with a nail gun can be underestimated. Every year, thousands of people are injured in nail gun accidents, some of which can be debilitating or even fatal.

The injuries resulting from nail gun accidents range from minor cuts and puncture wounds to more serious incidents that can lead to permanent nerve damage or tissue loss. If the nail penetrates deep enough, it can cause infection, while long-term wounds may become atrophied if not treated immediately.

Were you injured in a nail gun accident caused by a defect or someone else’s negligence? The Chicago construction accident attorneys at Rosenfeld Injury Lawyers, LLC legally advocate for victims with serious nail gun accident injuries.

Contact our nail gun accident lawyer at (888) 424-5757 or use the contact form for additional information and answers, or schedule a free consultation to discuss your case.

All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Nail gun accident lawyer

Nail Guns Are Extremely Dangerous

Nail guns are power tools that fire nails into wood, concrete, and other materials. Depending on the model, nail guns can be pneumatic, gas-powered, battery-powered, or hybrid.

While nail guns can greatly reduce the time needed for certain tasks and help minimize hand fatigue and strain, they can also be dangerous if not used properly. As with any precision tool, proper safety precautions should always be taken when operating a nail gun – such as reading and understanding the instruction manual before use and wearing protective gear such as glasses and heavy clothing.

Additionally, it’s critical to keep the pressure of the gun below manufacturers’ recommendations and never point it at another person – even if loaded with an empty clip. By following these simple rules, we can help to reduce the number of devastating nail gun accidents each year.

Statistics on Nail Gun Accidents

Nail gun accidents are a common cause of injury in the workplace. According to the Centers for Disease Control, nail guns were responsible for more than 37,000 emergency department visits annually between 2018 and 2020.

The injuries resulting from nail gun accidents can range from minor abrasions to more significant lacerations, fractures, and even amputations.

Employers must take safety precautions to protect their workers from these dangerous tools, including employee training and proper maintenance. Additionally, employers should provide protective gear such as eye protection and steel-toe boots to minimize the risk of injury.

Nail Guns Are a Leading Cause of Construction Injuries

Pneumatic nail guns are common in construction but can also be very dangerous. The most common injury from a nail gun is a puncture wound to the hands or fingers, but more serious injuries and even death can occur.

Employers should provide proper training for workers using nail guns and ensure that full sequential trigger nail guns are being used. Proper use of dangerous tools, including personal protective equipment and hearing protection, should also be provided to workers using nail guns.

Establishing work procedures for pneumatic tools is essential for safety and encouraging reporting and discussion of any injuries or close calls.

Causes of Nail Gun Accidents

Nail gun accidents are a common cause of injury on construction sites and can be caused by various factors, including:

  • Double fire from contact triggers is one of the most common causes of nail gun injuries, as bumping the safety contacts on contact and single-action triggers can cause the gun to fire one or several nails
  • Nail penetration through clothing when the tool is not in proper working order
  • Two nails released simultaneously, leading to on-the-job injuries
  • Ricochet nail bouncing off a hard surface with the trigger squeezed by accident
  • A second nail is unintentionally discharged while the trigger is squeezed, a three-inch nail hits a hard surface, soft tissue/major artery, or when a nail penetrates the lumber workpiece
  • Other hazards associated with using a nail gun include exposure to loud noises [1] and damage to musculoskeletal systems due to repetitive stress

Unfortunately, many nail gun injuries go unreported due to injured workers not seeking treatment for their injuries.

OSHA Violations Leading to a Nail Gun Injury

Various factors, such as OSHA violations, inadequate PPE, repetitive motion injuries, and unsafe working conditions, can cause construction site injuries and accidents. Exposure to hazardous substances, such as asbestos and benzene, can lead to workplace injuries.

In many cases, workers’ compensation claims are filed without assessing blame. Employers must provide:

  • A safe working environment
  • Proper safety equipment
  • Training to prevent construction accidents

If an employee is injured, they can file a worker’s compensation claim with their employer.

If a defective nail gun caused the injury, the employee may have a right to file a personal injury claim against the nail gun manufacturer in a third-party suit. Those injured due to a defective nail gun should contact our office for a no-obligation case evaluation.

Our personal injury lawyers will review your case and help determine if you have grounds for legal action against the nail gun manufacturer. Our law firm will work hard to ensure that you receive fair compensation for your injuries and losses related to the accident.

Types of Nail Gun Injuries

Nail guns are powerful tools that drive nails using compressed air. They are used in construction and other industries.

Nail gun injuries range from minor lacerations to more serious fractures and nerve/brain damage. Eye damage is also possible if a nail strikes the eye, and internal organ damage can occur if the nail penetrates deeply enough.

Immediate medical attention is necessary to assess the severity of any injury caused by a nail gun. A puncture wound to the brain or spinal cord can cause a life-threatening injury due to severe damage to a victim’s nervous system.

Infected wounds should also be immediately cleaned with an antiseptic solution or hydrogen peroxide to avoid infection, such as tetanus. Victims of nail gun injuries must take their injuries seriously and seek proper medical treatment for head and body injuries.

These injuries can cause long-term health problems or even death if left untreated.

Prevent Accidents with Nail Guns

Pneumatic tools are common in the construction industry to increase productivity, but unfortunately, they can also cause major workplace injuries due to design defects and negligent operation.

Serious nail gun injuries can occur from various causes, such as no personal protective equipment, nail ricochet, and double fire. The Centers for Disease Control and Prevention (CDC) [2] recommends nail gun safety measures that prevent injuries responsible for more than half of all emergency room visits annually involving construction workers.

Understanding the risk factors associated with these injuries and how to prevent them is important. The CDC guidelines include:

  • Adequate training is essential for the safe use of pneumatic tools.
  • Sequential trigger nail guns are safer than contact trip nailers, and widespread use of sequential triggers could reduce workplace injuries by half.
  • Understanding the difference between safety contact and sequential triggers is key to preventing nail gun accidents and injuries.
  • Nail gun safety includes the use of hard hats and other safety gear.

Unfortunately, the Consumer Product Safety Commission has not taken action to regulate pneumatic tools, leaving contractors with discretion in their use. Safe nailers offer clear benefits, but it is up to contractors to make sure they are using them safely.

A Nail Gun Accident Injury: Do You File a Workers’ Compensation or a Personal Injury Claim?

Nail gun accidents can cause serious injury to construction workers, resulting in puncture wounds to the body, head, or eyes. If the accident happened on the job, it is a workers’ compensation claim.

Workers’ compensation covers medical care, physical therapy, and a compensation payment while recovering. However, if a third party was responsible for the injury, a personal injury claim may be available to cover medical costs, lost income, and pain and suffering.

While workers’ compensation benefits include lost earnings and temporary/permanent disability payment (economic damages), it does not include non-economic damages, including pain and suffering.

A nail gun accident lawyer can help quantify how the injury has impacted a person’s life and calculate the compensation they should receive. Our law firm provides the legal representation needed to obtain the full compensation they are entitled to under the law.

In some cases, the injured party might file for workers’ compensation benefits through their employer and a third-party lawsuit for additional financial recovery. Contact our nail gun injury lawyers to discuss legal options during a free and confidential consultation.

Can an Injured Victim File a Claim if They Do Not Have Enough Money to Hire Personal Injury Lawyers?

Have you been injured and considering filing a claim but don’t have enough money to hire an attorney? Our personal injury attorneys work on a contingency fee basis, meaning we are paid out of any settlement or award you receive.

This arrangement ensures that no money is needed upfront to hire an attorney from our law firm. This agreement also ensures the fees to maximize your workers’ compensation benefits are paid out of any settlement or award received.

Seeking legal advice from an experienced personal injury attorney can help ensure that your rights are protected throughout the process and that you receive the compensation you deserve.

An experienced nail gun accident lawyer from our law firm can guide how best to proceed with your case and advise on any potential risks or pitfalls associated with filing a claim.

Our Personal Injury Law Firm Can Resolve Your Compensation Claims

Were you injured or lost a loved one in a nail gun accident caused by someone’s negligence or a defective tool? Are you seeking financial compensation and maximum worker’s comp benefits to restore your lost wages and pay medical bills?

We understand the physical, emotional, and financial hardships that come with these types of accidents and will fight for your rights every step of the way.

Contact a nail gun accident lawyer from our law firm at (888) 424-5757 (toll-free phone call) or use the contact form. During your free consultation, let’s discuss the ramifications of your nail gun injury.

At Rosenfeld Injury Lawyers, LLC, we are committed to investigating and prosecuting accidents involving power tools that have caused serious injury.

Our experienced attorneys are dedicated to providing quality representation and individual attention to their clients and their families.

Resources: [1] OSHA, [2] CDC

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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