Philadelphia Nail Gun Injury Lawyer

There are many tools on job sites. When you need to secure roofing materials, deck planks, or fencing, the nail gun is the best choice. Even if you take all the precautions to protect yourself from injuries, there are times when an incident can occur.

As a result, you are left with a serious injury to the hands, feet, or other parts of the body. In turn, the incident leaves you with substantial medical bills and lost wages.

There is help. At Laffey Bucci D’Andrea Reich & Ryan, we know that these accidents can affect both professional workers and home improvement enthusiasts. In these cases, you may be able to prevent complications beyond traditional workers’ compensation claims.

Reach out to our Philadelphia nail gun injury lawyer to see which options are available for your case.

Nail Gun Injury Cases

According to the Occupational Safety and Health Administration (OSHA), nail guns cause tens of thousands of painful injuries each year. Nail gun injuries are common. In fact, one study found that two out of five residential carpenter apprentices experienced a nail gun injury over four years.

Nail gun injuries can be an occupational hazard, affecting professionals across various industries and those individuals engaging in do-it-yourself projects. In fact, there are nearly 37,000 emergency room visits attributed to nail gun accidents per year, according to the Centers for Disease Control and Prevention.

Nail guns are often used for roofing, siding, framing, subflooring, decking, fencing, and sheathing projects. However, home improvers may also grab these tools to help with their project around the home. In any situation, you need to proceed with caution, or you could end up with serious injuries.

Nail guns can reach velocities of up to 1,400 feet per second, making them capable of causing major damage upon impact. Skin penetration can occur at speeds as low as 150 feet per second, while bone fractures may occur at even lower speeds, starting from 195 feet per second.

Most nail gun injuries involve soft tissue. Usually, the non-dominant hand is the area most affected. However, the chest, neck, head, and abdominal regions can also be affected.

Some cases are fatal, especially where there is an injury to the spine, head, neck, or eyes. If not fatal, injuries to these areas usually result in brain injury, fractures, paralysis, and blindness. Most of these injuries are caused by:

• Direct penetration: Nails from nail guns can pierce tissues directly, causing deep and penetrating wounds that can result in damage.
• Shrapnel wounds: In some cases, exploding cartridges can cause shrapnel injuries. In turn, that can cause a wide area of tissue damage beyond the initial point of impact.
• High-pressure injection: The compressed air used to activate the nail gun can cause injection injuries. Unfortunately, that can further damage the already injured area.

Causes of Nail Gun Injuries

Unfortunately, nail gun accidents are common, and they can occur for a variety of reasons, such as:

Failure of Safety Devices

Nail guns are equipped with safety features, such as sequential triggers, to prevent accidental discharges. However, if these safety devices fail, unintended nail firing can occur, which can, in turn, cause injuries to the user or nearby individuals.

Insufficient Training

There is a learning curve to operating these tools. All employers need to ensure their workers have the proper training on nail gun operation and safety procedures. Without this training, users may not fully understand how to handle the tool safely. Mishandling or misuse of the nail gun is a common factor in accidents.

Inadequate Safety Operating Procedures

All power tools will have safety guidelines for users to follow. When workers do not adhere to these protocols, injuries are likely. Workers must maintain a safe distance from the nail gun’s discharge area or properly secure the workpiece. Otherwise, job sites can have nail gun-related incidents.

Defective Design or Manufacturing Flaws

Accidents can still happen even if you abide by the latest safety protocols. Some nail guns may have defective designs or manufacturing flaws, which can pose a danger to users. Misfires or double fires due to design or manufacturing defects can result in unexpected nail discharges, which can lead to serious injuries on the job.

Lack of Warnings

All products need clear warnings about their potential hazards. Proper labeling and warnings help users understand the potential risks. They will also know how to use the right personal protective equipment to prevent injuries.

If you have been injured in a nail gun incident, you can hold a liable party accountable for their actions. Working with a Philadelphia nail gun injury lawyer can help you determine who the at fault individuals or entities are in your case.

Rights of Those Injured in Nail Gun Accidents

With the potential or severe injuries from a nail gun accident, these incidents can make a major impact on the lives of those who have been injured. In some cases, it can cause permanent death or even death in a few cases. For that reason, legal options are available, allowing the injured person to sue claims against multiple parties.

In cases of nail gun accidents, the potential liable parties often extend beyond the immediate employer. Since Pennsylvania has workers’ compensation laws, the injured worker can file paperwork to receive these benefits. They do not have to prove any negligence on the part of their employer. Instead, they need to show that the injury occurred on the job.

Workers’ compensation will cover medical expenses, lost wages, and rehabilitation costs. However, an injured worker is not entitled to other damages, such as pain and suffering.

While some may believe this is the end of their compensation options, that is not true. In some situations, injured workers can pursue additional claims against third parties, such as:

• Contractors and subcontractors: On many job sites, there is a wide range of workers. For some jobs, contractors and subcontractors are used to completing certain portions of the projects. These parties could be liable for any injuries if they were negligent and contributed to the accident.
• Manufacturers: All products must be designed with the strictest safety features. If a product does not have warnings or has a defective component that leads to an accident, Nail gun manufacturers can be held liable under product liability
• Distributors and retailers: Along with the manufacturers of the faulty product, retailers, and distributors can also be held accountable for selling these tools. Liability can also extend to those in the supply chain. Many times, this happens because of issues related to defective design or inadequate warnings about the product’s use.

Whether you are a worker or a do-it-yourselfer, you may be unable to file a legal claim against a third party for your nail gun injuries.

Why You Need Legal Assistance for Your Case

Injured workers often focus on workers ‘ compensation after a nail gun accident. While workers’ compensation can provide financial support, it may not cover all the damages stemming from the incident.

When you seek legal consultation with an experienced nail gun accident lawyer in Philadelphia, it can be necessary in several ways.

In any case, you need a thorough investigation to identify the root cause of the accident. A qualified attorney will analyze the incident, gather evidence, and determine whether negligence, product defects, or unsafe working conditions contributed to the injury. Additionally, they can determine if other parties may share liability for the accident.

While worker’s compensation covers medical expenses and a portion of lost wages, it may not address long-term impacts, such as pain and suffering or permanent disability. Working with a lawyer can determine the basis for additional claims. With that, you can explore all possible avenues for compensation.

Finally, time is essential in personal injury and workers’ compensation claims. Pennsylvania’s statutes of limitations limit the time frame for filing claims. If you miss those deadlines, you could lose your opportunity to seek compensation from those liable parties.

Laffey Bucci D’Andrea Reich & Ryan Is Here To Assist with Your Nail Gun Injury Claim

Dealing with the aftermath of a serious injury can be overwhelming. Having a dedicated legal advocate allows you to focus on your recovery while knowing that your legal rights and financial interests are being pursued.

Nail gun accidents often lead to debilitating injuries and lifelong consequences. Whether through a workers’ comp claim, personal injury lawsuit, or product liability claim, you may have a few legal options for your case.

At Laffey Bucci D’Andrea Reich & Ryan, we can help you determine the right course of action for your case. We have a team of experienced legal professionals ready to help you and your family during this time. With over 40 years of combined experience, our team can assist with your potential legal claim, helping you get the maximum compensation for your injuries.

Schedule a consultation with a Philadelphia nail gun injury lawyer at our office today.