During our long tenure as construction accident attorneys, the Nagel Rice LLP legal team has a remarkable record of successful verdicts and settlements. Some of the cases we’ve handled have involved hand and power tool injuries. Of course, such injuries occur on private property as well as at construction sites. If you have been seriously hurt by a hand or power tool in which someone else’s negligence was to blame, we may well be able to file and win a personal injury lawsuit on your behalf.
Hand and Power Tool Injuries in Which Successful Lawsuits May be Filed
If you are injured at home while using a hand or power tool, in almost all cases, we must be able to prove that the product was defective and unsafe in order to win compensation. Contact us and we will assess whether you have a viable case. If so, we will sue the manufacturer or distributor for product liability.
On the other hand, if you have been injured by a hand or power tool at your job site, there are only certain conditions under which we can sue your employer for damages. Unless your employer’s negligence has been the root cause of your injury, you will have to file a claim with workers’ compensation, a no-fault kind of insurance that will cover you for medical expenses and loss of income (70 percent of your average income in New Jersey) but not for intangible damages, such as physical pain or emotional anguish.
However, if your employer’s negligence — e.g. lack of proper supervision or inadequate training — has resulted in a major safety violation on the premises, Nagel Rice’s lawyers may be able to sue your employer directly for the harm that came to you.
If the tool can be shown to be defective, we can sue the manufacturer who produced it or the marketing agency that falsely advertised it or neglected to include safety instructions in its packaging. There are also occasions when another third party, such as a vendor or subcontractor may be sued for personal injury damages.
The sooner you contact us, the sooner we can get busy working to help you obtain the compensation you are entitled to. Nagel Rice attorneys are sharp negotiators and talented litigators so you can rely on us to be efficient as well as effective. Because we are aware that you may now be suffering financial as well as physical and psychological hardship, we will not charge you any attorneys’ fees until we recover damages.
OSHA Sets Reasonable Safety Standards
OSHA has mandated the following safety requirements for employers in industries that regularly use hand and power tools:
- Never carry a tool by the cord or hose
- Never yank the cord or hose to disconnect the tool from the outlet
- Keep cords and hoses away from heat, oil, water, and sharp edges
- Disconnect tools when not using them, before servicing and cleaning them, and when changing their blades or bits
- Keep all people not involved in the too-related work at a safe distance
- Use both hands to operate the tool by securing the object being drilled or stapledwith clamps or a vise
- Avoid starting a power tool accidentally
- Maintain tools properly, cleaning, lubricating, sharpening as necessary
- Be aware of instructions for tool usage and follow them scrupulously
- Do not use tools unless you are on a solid footing
- Wear proper apparel (no loose clothing, ties, or jewelry) and protective gear, such as goggles or respirators
Although these standards apply to employers, anyone who uses hand and power tools is expected to be equally careful.
Common Hand and Power Tool Injuries in New Jersey
Construction companies that fail to adequately train their employees to use tools safely, to keep their tools and electrical wiring in good repair, and to test their employees for drugs or alcohol impairment on a regular basis may be found liable for putting their other employees in harm’s way. It should be noted that the new legislation that limits employer recourse in cases of marijuana use by employees is now a contentious issue in the construction industry for this reason.
Precautions must be taken when using table or chain saws, nail guns, drills, handheld sanders, spray guns, and grinding or polishing tools. Otherwise, severe injuries like the following can occur all too easily:
- Fractured bones
- Severe lacerations and hemorrhage
- Severed limbs or digits
- Eye injuries, including blindness
- Impalement or puncture injuries (e.g. by a staple gun)
- Respiratory illness and/or lung damage (e.g. by a spray of sanding tool)
- Burns or severe abrasions
If you have suffered serious injury because of another’s negligence in regard to a hand or power tool, you are entitled to the strong legal protection Nagel Rice can provide.
Contact Our Experienced Hand and Power Tool Injury Attorneys Today
If you have suffered a hand or power tool injury, you are no doubt overwhelmed by the medical bills accumulating as you remain unable to work. Contact our dedicated attorneys who will fight aggressively to win your case in court or through agile negotiations. Let us handle everything while you take the time you need to heal. We will work tirelessly to get you the substantial damages you need to take care of yourself and your family while you are incapacitated and to restore your sense of safety and security going forward.