Hammer and Nail Injuries

Hammers and nails are commonly used in many industries, and they are also used in the home. They are sometimes used to pound nails into walls, but they are also used for purposes like pulling nails out of walls. Injuries from hammers and nails are common, and they can be results of hitting a finger with a hammer or getting swung in the face by someone who is not looking at where they are swinging. If you suffer work-related hammer or nail injuries, you may be eligible to obtain workers' compensation benefits. At Pulgini & Norton, our Boston workers’ compensation lawyers represent claimants in seeking benefits.

Often, hammers are not examined before being used. They should be checked for cracks, chips, or splintering that might cause the hammer to break and hurt someone. Hammers must be wielded carefully. People using the hammer to hammer a nail should hit the surface that they are hammering squarely rather than at a strange angle. The use of a hammer is so commonplace that many people forget to wear safety goggles.

If you are injured while working with a hammer, you should report it to your employer right away. Hammers are often used in homes and other situations outside work, so it is important that your employer be on notice right away that you have a work-related injury. You should also seek medical care.

You are entitled to reasonable and adequate medical attention. This includes doctor visits, hospital stays, prescriptions, and medical mileage. Your first scheduled appointment may be with a doctor whom the employer chooses, but after that, you are entitled to choose your provider. If you are not happy with the care that you receive, you are entitled to switch doctors once without the insurer's permission.

You may need to fill out a report for your employer, and you should keep a copy of the report or create your own documentation about what happened and the symptoms that you experience after that. You should also notify your union if you belong to one. If you are not able to work and earn your full wages for five or more days, you can recover disability pay. This disability pay may be permanent or temporary and partial or full. The amount of the disability pay varies based on the nature and extent of the disability.

Unless your union contract or employment contract requires it, your company does not need to hold your job open while you are not able to work due to a job-related accident or illness. However, your employer is supposed to give preferential treatment in rehiring you when you are ready to go back to work, provided that there is a job available that you are able to do. The employer is also supposed to provide reasonable accommodations if you count as a qualified handicapped person.

Sometimes employers allow workers to use tools for their own purposes while at the job. If you are injured while hammering on a purely personal project, you may not be able to claim benefits under the workers' compensation policy. However, it may be possible to argue that using the facilities was part of your compensation, in which case the injury may be considered incidental to employment and will be covered by workers' compensation.

Hammer and nail injuries can be painful and disabling. When these injuries are catastrophic, you may need to be retrained for a different job or take a different position within the company. If you need to file a claim for workers' compensation benefits due to hammer or nail injuries, you should consult the skillful Boston attorneys at Pulgini & Norton. Each claim is unique, and you should talk about what happened with an attorney before assuming that an insurer's reasons for denying the claim are valid. At Pulgini & Norton, we can advise workers on claims arising out of many different industries. We handle claims in Cambridge, Hyde Park, and New Bedford, among other Massachusetts cities. For a consultation with a work injury lawyer, contact us online or call us at 781-843-2200.