You are entitled to a safe work environment, which includes access to functional, well-maintained nail guns and appropriate protective gear. An unsafe workspace increases your risk of suffering nail gun injuries to the eye, head, hand, or elsewhere.
If you suffered a nail gun injury when your tool misfired, our New York construction accident lawyers will determine who was at fault, who you should sue, and what types of compensation you qualify for.
What to Do Immediately After a Nail Gun Injury at a New York Construction Site
After a nail gun misfire, protect your rights by taking as many of the following steps as possible:
See a Doctor
Prompt treatment is always critical. Getting medical care can prevent unnecessary suffering, including infections. Tell your doctor that your injuries happened on the job.
Gather Evidence
If anyone witnessed the accident, get their contact information. Use your phone to take photos of your injuries, the nail gun, and the worksite.
Report the Accident
File a written report with your employer within 30 days of the accident. This preserves your right to workers’ compensation benefits.
Speak to Our Construction Accident Law Firm
Until you have had a chance to consult with us, try to avoid speaking to other parties, especially the insurance company, which may be working to minimize your payout. We will explain your rights and manage communications with others involved in your case.
Main Causes of Nail Gun Misfires
Nail gun misfires may occur due to:
- Poor maintenance
- Age
- Incorrect use due to lack of training
- A combination of these factors
As a construction worker, you have the right to only use tools that are safe, well-maintained, and functional. No one should try to force you to use tools that are broken or unnecessarily dangerous.
You should also be supplied with proper equipment and gear to protect you against severe injuries in the event a misfire or other malfunction does occur. Reasonable protections include goggles, hard hats, and safety training.
How to Get Full Compensation for a Nail Gun Injury in NYC
To get compensation for all of your losses, you might have to file more than one type of claim.
In many cases, the first claim that an injured worker files is a workers’ compensation claim. By law, New York construction workers are eligible for workers’ comp benefits if they are injured on the job. You can file a claim by:
- Reporting your injury to your employer right away
- Ensuring your employer files your claim with their insurer
- Supplying any additional evidence the insurer asks for
Workers’ compensation benefits are limited in scope and do not cover everything. You might be able to pursue additional compensation through a personal injury claim or lawsuit. In this type of claim, you would:
- Identify a third party whose negligence caused your accident
- Collect evidence to prove that this third party is liable
- Negotiate a settlement with their insurer or, if necessary, take the third party to court
Various parties at your worksite may be responsible for protecting construction workers from tool-related injuries, including site owners, general contractors, and agents representing these parties. If they fail to protect workers from harm, they should be made to pay for the damage they caused.
Whether you file a workers’ compensation claim, a personal injury claim, or both, you will be working against strict deadlines. Speak with our attorneys right away so we can review the available options and file your nail gun injury lawsuit or claim as soon as possible.
Recoverable Damages When a Nail Gun Misfires and Causes an Injury
If you suffered nail gun injuries to the hand, eye, head, or anywhere else, you could potentially recover both non-economic and economic damages.
What Are Non-Economic Damages?
Non-economic damages cover physical and mental injuries associated with your accident. This includes:
- Past and future pain and suffering
- Loss of consortium
- Reduced quality of life
- Disability
What Are Economic Damages?
Economic damages are your financial expenses and losses. They can include:
- Current medical expenses
- Future medical expenses
- Loss of wages
- Loss of earning capacity
- Loss of union benefits and other job benefits
- Out-of-pocket expenses
The damages you pursue will be based on what kind of claim you file and other factors specific to your case, including how severe your injuries are.
How to Prove You Are Entitled to Damages
To ensure you pursue the maximum possible amount of compensation, our legal team will collect all available sources of evidence to prove your case. This might include:
- Medical records
- Expert opinions
- Witness testimony
We will then contact the insurance company and the liable party on your behalf and proceed with negotiations and/or litigation.
Get Help Immediately After a Nail Gun Misfire
We care deeply for our clients and will go the extra mile to advocate for you. The sooner you contact Oresky & Associates, PLLC the sooner we will start protecting your rights.
Call (929) 560-0687 today if a nail gun misfired and injured you at a New York construction site. We represent workers regardless of immigration status and will not charge attorneys’ fees until you receive compensation. Our legal team can assist you in English or Spanish.
