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Nail Gun Accident Claims – A Guide to Claiming Compensation

While there is no doubt that nail guns can speed up repetitive tasks at work, there are some obvious dangers associated with them. The use of nail guns at work is governed by health and safety legislation. As such, if you are injured while using one, you might be able to claim compensation for any suffering caused.

In this guide, you’ll read about when nail gun accident claims might be possible and how much compensation you could receive. Additionally, we explain what types of accidents could enable you to seek compensation for nail gun injuries and the evidence you could supply to strengthen your claim.

On top of the information within this guide, we’re happy to help anybody who has been injured by a nail gun by offering a free assessment of their claim. You’re under no obligation to take action when you contact us and we’ll provide free legal advice no matter what you decide to do. If your claim is suitable, it could be passed to one of our solicitors who will provide a No Win No Fee service if your claim is taken on.

To find out your chances of winning a nail gun accident claim, you can:

  • Ask for free advice via our live chat service.
  • Call 0333 241 2519 to speak to a legal advisor.

Please get in touch with any questions or read on for more on nail gun compensation claims.

Can I Make a Nail Gun Accident Claim?

To make a successful nail gun accident claim, you’ll need to prove that your employer owed you a duty of care and breached this duty, resulting in your injuries. Various laws help establish an employer’s responsibility for workplace safety, including:

Establishing a duty of care is just the first step. You’ll also need to demonstrate:

  • Your employer’s negligence led to the nail gun accident.
  • You sustained injuries because of the accident.

For instance, employer negligence could involve failing to properly maintain the nail gun, provide safety equipment (such as gloves or eye protection), or offer adequate training on how to use nail guns safely.

If you believe your employer has caused you to suffer a nail gun-related accident at work, why not contact our team now to see if you could start a compensation claim?

What Types of Negligence Can Lead to Nail Gun Accident Claims?

Here are a few examples of nail gun accidents caused by employer negligence that could lead to a personal injury claim:

  • An apprentice put a nail through their hand after being left unsupervised with a more powerful nail gun than they’d normally use.
  • A construction worker was struck in the eye due to a lack of eye protection and suffered sight loss because a nail bounced back into their face.
  • Due to a lack of protective footwear, a carpenter lost a toe after they were distracted and put a nail through their shoes.
  • A worker accidentally fired a nail into their leg because they had not been provided with adequate training on how to operate the nail gun safely.

Even if your injuries haven’t been described here, please get in touch. We are more than happy to check if you have grounds to claim compensation for nail gun injuries on a no-obligation basis.

What Should I Do If I’m Injured by a Nail Gun at Work?

If you are involved in an accident at work that involves a nail gun, you should:

  • Seek medical treatment immediately. Due to the nature of nail gun injuries, this may require hospital treatment as well as first aid.
  • Report the accident as soon as you can. This could allow your employer to help you get treatment. It could also give them the opportunity to adapt operating procedures to try and prevent similar nail gun accidents in the future.
  • Ask for a copy of the company’s accident report form as you are entitled to a copy for yourself.

These steps could help to ensure that your injuries are treated swiftly which, in turn, can lead to a faster recovery time. Also, they could provide you with some of the evidence you’ll need to support a nail gun accident claim if you decide to make one in the future.

What Evidence Can Be Used for Nail Gun Injury Claims?

There is no doubt that strong evidence can massively improve your chances of winning a nail gun injury compensation claim. It can help to prove why your employer was to blame, the cause of the nail gun accident and how you’ve been affected as a result.

In nail gun accident claims, all of the following types of evidence could prove vital:

  • Accident scene photographs that show any hazards or nail gun defects that caused the incident.
  • Contact information for those who saw your accident. They could be approached for witness statements if required.
  • A copy of an accident report form that would make it very difficult for your employer to deny the accident occurred.
  • CCTV footage or other forms of video recordings of the accident.
  • Medical records (from a hospital, GP surgery or minor injuries unit) to help prove your injuries.

If your case is handled by one of our solicitors, they may help to source any evidence needed to prove your case. As well as the evidence detailed above this could also mean they request copies of your employer’s training records or an investigation report from the Health and Safety Executive (HSE) where available.

How Long Do I Have to Claim Compensation?

Under the Limitation Act 1980, you have 3 years to claim compensation for personal injuries at work. For nail gun claims, this time limit will almost certainly begin on the date you were injured.

In our experience, it is far easier to recall what happened and to secure supporting evidence if you begin the claims process sooner rather than later.

Another reason for an early start is that claims can be dismissed if they are made outside of the legal limitation period. As such, you could miss out on being compensated even if you have a very strong claim.

Therefore, please call now to see if we can help you claim compensation for a nail gun accident at work.

nail gun injuries

Take the first step towards claiming compensation for a nail gun accident at work with our complimentary free consultation.

With 30+ years of experience, our solicitors are committed to providing a 100% No Win, No Fee claims service, offering claimants a risk-free path to pursue the compensation they deserve.

Start a Claim

Or call us on 0333 241 2519 to speak with a specialist solicitor.

How Much Compensation for Injuries Caused by a Nail Gun?

If your nail gun compensation claim is won, any settlement you are offered will be based on:

  • General damages for the pain, discomfort and suffering you’ve endured. This element of your settlement may also cover any impact your physical or emotional injuries have had on your normal hobbies and activities.
  • Special damages for any costs you’ve incurred because of your injuries.

When valuing injuries in a nail gun accident claim, solicitors will collect medical evidence and independent reports so that they fully understand how you’ve suffered. They may then compare your injuries to those detailed in the Judicial College Guidelines (JCG).

The special damages element of your settlement could provide compensation for:

  • Lost income.
  • Travel expenses e.g. fuel and parking costs for medical appointments.
  • Specialist devices and changes to your home (or vehicle) to help you cope with a permanent disability.
  • The cost of a carer at home.
  • Medical expenses.
  • Future loss of earnings.
  • Property replacement costs if any of your own items were damaged by the nail gun during your accident.

Crucially, special damages can consider future financial losses as well as any already incurred. Therefore, this is something you should think about in detail before agreeing to settle your claim in full.

Do You Need a Solicitor to Make a Work Injury Claim?

Employers don’t usually handle nail gun accident claims directly. Instead, they pass them on to their insurance provider who’ll often try to reduce the amount of compensation they pay. For this reason, you might choose to work with an accident-at-work solicitor to help defend your case and secure the compensation you deserve.

If your nail gun injury claim is handled by one of our solicitors, some of the ways they might help include:

  • Gathering evidence, medical records and witness statements.
  • Ensuring compliance with the pre-action protocols for personal injury claims so that your case is filed correctly.
  • Shielding you from direct communication from your employer or their insurers.
  • Fighting to secure as much compensation as possible.
  • Sending you regular emails or letters about the progress of your case.

Crucially, you won’t need to pay for this work upfront if your claim is taken on because our solicitors offer No Win, No Fee nail gun accident claims.

Once you’ve signed a Conditional Fee Agreement (CFA), the only time you’ll pay for your solicitor’s services is if you are compensated.

The CFA will explain that a percentage of your settlement (called a success fee) will be deducted by your solicitor if the claim is won. The success fee percentage is legally capped at 25 per cent for your protection.

Why not call today to see if you could claim for a nail gun injury on a No Win, No Fee basis?

Will My Claim End Up in Court?

It’s impossible to rule out a court hearing at this point in the claims process but, in our experience, only a small percentage of claims require court intervention.

That’s because our solicitors pre-vet all accident-at-work claims before taking them on and most insurance companies try to avoid court dates because of the time and money involved.

However, as a last resort and if an amicable agreement cannot be reached, your solicitor may well book a court hearing. Importantly, an out-of-court settlement could be achieved at any point up until the date of the hearing.

Contacting Us About a Nail Gun Accident Compensation Claim

If a nail gun accident at work has led to you being injured, please feel free to contact us by:

  • Call 0333 241 2519 to speak to one of our specially trained advisors.
  • Connect to our 24/7 live chat service.

We’ll assess whether you could claim compensation for nail gun injuries for free and explain your legal options. If it appears that you have a valid claim, you could be partnered with one of our solicitors. Remember, if you both agree to work together, your nail gun claim will be processed on a No Win, No Fee basis.

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