Nail Gun Accidents in Construction
Construction workers are well aware that construction sites are dangerous places. While workplace safety rules try to minimize the number of injuries incurred on the job sites, injuries do happen. Often, the question is not whether a job-site injury will happen, but when it will happen and how bad the injury will be. Nail gun injuries have the unique distinction of happening often and causing severe injuries. Fortunately, workers in Texas who are injured on the job have several options available to them in trying to seek some type of financial recovery, whether their injury comes from a nail gun or some other job-site hazard.
How Nail Gun Injuries Happen
Nail gun injuries at construction sites are common for several reasons because accidents can occur in several different ways. Injuries could happen in the everyday use of a nail gun by simply failing to line the nail up correctly with the target. Nail gun injuries can also happen accidentally due to misfiring or improper use. For these reasons, nail guns need to be properly stored on job-sites and only left out when actually in use.
Types of Injuries Associated with Nail Gun Incidents
Nail guns are powerful construction site tools. The concept of a nail gun is to deploy a nail with enough force so that it penetrates wood or other materials to place the nail without the need for extensive hammering. Aside from obvious flesh wounds, the most common injuries associated with nail guns are broken bones. Few people realize that finger and hand bones are relatively fragile, even compared to plywood. A nail from a nail gun can rip apart hand and foot bones and cause serious fractures and breaks in other more sturdy bones.
Two Areas of Liability: Workers’ Compensation and Negligence
Workplace injuries are most commonly recoverable via the Texas worker’s compensation system. Workers’ compensation in Texas is designed to provide a fair system for the quick adjudication of workplace injury cases. Standard court lawsuits can drag on for years, but workers’ compensation is designed to provide fast relief for the injured employee in a span of days or months. Workers’ compensation is an employee’s default remedy for suffering a job-site injury. As a result, if you qualify for workers’ compensation, you cannot file a normal lawsuit.
In certain cases, you may not qualify for workers’ compensation and you will need to seek recovery in court. Workers’ compensation only applies to workers who are injured during the scope of their employment and will not apply in other instances. For example, if co-workers or third party contractors are involved in horseplay and are irresponsible with their use of tools, which causes injury to you, you may have a normal civil lawsuit. Depending on the circumstances the construction site foreman, safety team or a third party could be found negligent.
Contact a Houston Nail Gun Accident Injury Lawyer Today
If you or a loved one suffered injuries from a nail gun accident, do not delay in taking legal action. Contact the experienced work injury attorneys with Michael P. Fleming and Associates today 713-221-6800.