For the average person who doesn’t work in construction, it can be difficult to understand how a nail gun injury can occur, but the truth is that they are quite prevalent overall. When you consider how many people in the United States actually use a nail gun on any type of regular basis, the numbers are actually quite high and that means you definitely aren’t the only one wondering if you can file a nail gun lawsuit.
What Constitutes A Nail Gun Lawsuit?
Statistics actually show that there are nearly 3 million people in the United States alone who suffer from a workplace injury in any given year. Now that doesn’t mean that all of those are nail gun injuries. Far from it. Of those 4 million people a large percentage occur with construction workers and a portion of those are where most of the nail gun injuries actually occur. That’s because construction workers are more likely to be using a nail gun than anyone else in another industry.
In fact, the people who do suffer from nail gun related injuries aren’t even necessarily injured by the nail gun itself. You could be injured doing any number of tasks related to using the nail gun and those same tasks may fall under the same type of code. For example, if you are on scaffolding using a nail gun and the scaffolding breaks that could be considered a type of nail gun injury because that is the reason you were on the scaffold in the first place.
What You’re Entitled To When Injured
If you do suffer from an injury because of a nail gun or even because of anything else while completing a job you are definitely entitled to damages. Those damages can be quite extensive because it’s not just about the physical injury that you suffer as a result of something that your employer has done. It’s also about the other losses you may suffer:
- Financial Damages
- Future Medical Bills
- Current/Past Medical Bills
- Lost Benefits
- Lost Earning Capacity
- Loss of Consortium
- Pain and Suffering
- Lost Parental Care
- Lost Wages
- Exemplary Damages
- Physical Impairment
- Mental Anguish
Proceeding With Your Case
There are actually only a few different things that must be proven in order for your case to be considered the responsibility of someone else. Basically, you’re proving that there was some type of negligence on the part of another person and that’s why it is their fault you were injured rather than your own.
- Duty to Perform – The other person must have had a duty to do something to keep you from getting hurt. A random person on the street wouldn’t be responsible for your nail gun being unsafe for use, but your boss would be.
- Breach of Duty – That person who had the duty to perform must have also failed to perform that duty. For example, your boss didn’t check the nail gun or knew it was faulty but didn’t fix it or keep you from working on it.
- Monetary Loss Occurred as a Result of the Injury – Finally, you have to prove there was some type of monetary loss to you as a result of the injury. This could be lost wages, medical bills or any number of things.
If you have been injured because of a nail gun accident or due to employer negligence, then there is definitely a case for you. Nail gun workplace injuries are definitely all too common and it’s definitely something your employer should be held accountable for. You don’t want to miss out on work and lose out on all the money that it’s going to cost to get you whole again. Your employer should be held responsible and that means taking them to court and proving how their negligence cost you time, money and a whole lot more.