Have you suffered an injury caused by a nail? Did someone else neglect their duty of care, causing you pain and suffering? If so, this guide could help you claim the compensation you deserve. Here, we will use an illustrative case study to explain how the process of claiming compensation for an injury of this nature works.
We offer information on injuries caused by nails and aim to help you in your pursuit of compensation. By examining the laws that protect us, we explain the duty of care owed to you in the workplace, on the roads and in public places.
By the time you finish this guide, we hope that you’ll feel well-equipped with all the information you need to pursue a personal injury claim.
However, any question you do have can be answered by our personal injury claims team, who are on hand, 24/7 to discuss your case. You can:
Select a Section
- A Guide To Claiming Compensation Payouts For An Injury Caused By A Nail
- What Is An Injury Caused By A Nail?
- How Can You Suffer An Injury Caused By A Nail At Work?
- An Injury Caused By A Nail In A Public Place
- How Can You Suffer An Injury Caused By A Nail In A Road Traffic Accident?
- Key Information For Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £7,500 For An Injury Caused By A Nail
- Free Legal Advice To Estimate Your Case
- Your Access To No Win No Fee Policies
- Our Expert Free Legal Advice
- More Resources And Guides On Injuries Caused By Nails
- An Injury Caused By A Nail FAQs
In order to make a personal injury claim for an injury caused by a nail, you need to be able to show that it was caused by a breach of duty of care. In order to show this, it must be clear that:
- Someone was responsible for ensuring your safety when the accident occured.
- This person neglected their duty of care towards you.
- Their negligence directly resulted in you being injured.
You may mistakenly believe that injuries caused by nails are rarely serious or do not have the potential to cause harm. Read on to find out more about the kinds of repercussions that can come from an injury with a nail and how it might affect you in the long term.
We will then go on to look at how an injury caused by a nail may come about as the result of negligence while at work, in public or on the road. We’ll look at the duty of care that is owed to you in these various scenarios and how this duty can be breached, resulting in injury.
Our case study will illustrate the process of claiming compensation following an injury caused by a nail. It will examine the breach of duty that resulted in the accident taking place and the process of claiming, and how the settlement is calculated.
Finally, we will look at No Win No Fee agreements and how they may be able to help people to fund the services of a legal professional. We will finish by providing you with some useful resources as well as answering some commonly asked questions about claiming for an injury caused by a nail.
Nails can vary in length and are used in construction in a number of ways. An injury caused by a nail can happen in several ways:
- Masonry nails protruding from floors or walls because they were not properly counter-sunk
- Malfunctioning or faulty nail guns
- Nails left exposed because of damage or rot
Any part of the body that comes into forceful contact with an exposed nail can suffer a puncture wound, a tear to the soft tissue of the skin and blood loss. In addition, old or rusty nails present infection risks, including tetanus or septicemia (blood poisoning). In severe injuries, it’s possible to suffer nerve damage or lasting deformity.
Other symptoms of nail injuries can include:
- Acute localized pain
- Numbness or tingling
Treatment can involve stitches and surgery. In some cases, you may require a tetanus injection to reduce the risk of contracting tetanus. If you’ve suffered an injury caused by a nail, then you should seek medical attention as soon as possible.
If you work on a construction site or an environment that requires the regular use of hardware, it’s quite possible to injure yourself with a nail. High-powered nail guns need to be used very carefully as they could easily injure someone.
There are no specific statistics about injury caused by a nail. However, the government does produce general figures for accidents in the workplace. These showed that there were 6,375 non-fatal lacerations and open wounds reported to RIDDOR 2019/20.
Duty of care in the workplace is set out in the Health And Safety At Work etc. Act 1974 (HASAWA). Read on to see what duty of care your employer owes you and how neglect of this duty could cause injury.
What Is An Employer’s Duty Of Care?
All businesses in the UK must have liability insurance according to the Employers’ Liability (Compulsory Insurance) Act 1969. To ensure workplace safety employers could:
- Ensure the health, safety and wellbeing of their employees as far as is reasonably practicable.
- Undertake regular risk assessments so that hazards that might cause injury in employees can be removed. If they cannot be removed, they should be reduced.
- Maintain good housekeeping by keeping walkways and workspaces clear and free from obstruction. All walking surfaces should be suitable and not damaged.
- Provide Personal Protective Equipment free of charge when necessary to do a job safely.
- Make sure that all machinery (for example, nail guns) are well-maintained and not faulty.
- Ensure that all employees are given the proper training and supervision for their roles.
How Can My Employer Breach Their Duty Of Care?
There are several ways that your employer could neglect the duty of care they owe to you, as listed above. These might include:
- Poor housekeeping- You may become injured on a nail that is sticking out of a surface and has not been hammered flush. This could cause you to trip or, in some cases, could puncture a body part, resulting in a wound.
- Insufficient training- If your job requires that you use nails, you should be properly trained in how to use them safely.
- Poorly maintained equipment- Sometimes, you may need equipment such as a nail gun to do your job.
- Lack of, or inadequate, PPE- You may need safety equipment such as puncture-resistant gloves in order to reduce the risk of harm in work.
If you feel that you have been injured as the result of a breach of duty on the part of your employer, then you may be able to claim. Get in touch with our team today for free legal advice about making a claim.
Work is not the only place that we are owed a duty of care. The Occupiers’ Liability Act 1957 shows that controllers of property or land have a duty of care to consider the safety of visitors to their premises. Some examples of premises are:
- Shopping centres and retail outlets
- Leisure facilities and gyms
- Parks, public farms, beaches, and open spaces
- Streets, pavements, and roads
- Bars and restaurants
Those in control of public spaces are called ‘occupiers’. The Act doesn’t outline exactly who the occupier of a space is. However, it states that it should be someone who could have reasonably predicted that an accident may take place.
The occupier should also be someone with control over the space to remove the hazard that poses a risk. Failure to do this could result in a personal injury compensation claim.
The Duty Of Care Of Those In Control Of Public Spaces
If the person in control of a public place fails to rectify a hazard that could result in injury to a member of the public, this is a breach of duty of care. Similarly, if they spot a hazard but fail to act to remove it, this would also constitute a breach of duty.
Furthermore, unavoidable risks like low ceilings or steep stairways must be warned about clearly. Occupiers must understand that extra allowances need to be made for children, who are less able to accurately gauge personal safety.
How Can This Duty Be Breached?
The occupier of a public space may be breaching their duty of care if they notice that there is a nail posing a risk of injury to a member of the public and choose not to take any steps to rectify it. Furthermore, if they fail to spot the hazard when they could have reasonably been expected to, this could also constitute a breach of duty of care.
For instance, there may be a loose nail poking out of a door that people are expected to push in order to gain access to the premises. If this nail causes someone to be injured, this could be a breach of duty of care on the part of the occupier.
If you would like more information on making a public liability claim, then get in touch with our team today. They will be happy to provide you with more information on getting the compensation you are owed.
All road users have a duty of care to one another to act in a way that ensures everyone’s safety as far as is reasonably practicable.
There won’t be any allowances made for drivers who lack confidence or experience; everyone should adhere to the standards of skill and care of the average motorist.
Duty Of Care Of Road Users
The Highway Code asks that all UK motorists and riders:
- Pass minimum eyesight requirement tests
- Drive a roadworthy vehicle
- Have a valid license
- Are properly taxed, have MOT and minimum of third-party insurance
- Have their vehicle registered with the DVLA
As well as these specific duties listed in the Highway Code, all road users are expected to act in a way that ensures the health and safety of other road users as far as is reasonably practicable. All drivers are expected to adhere to the standards of care of the average road user. There are no allowances made for inexperienced or unskilled drivers.
How Can A Road User Breach Their Duty Of Care?
Any of the following could constitute a breach of duty of care on the road:
- Reckless driving manoeuvres
- Driving under the influence of drink or drugs
- Running red lights
- Lack of concentration
- Reversing without proper care and attention
Any of these acts could cause an accident resulting in injury, and if you can prove that the other person was at fault, it may be possible to start a car accident claim against that driver. Road traffic accidents (RTAs) can cause a variety of injuries, some with life-altering and fatal consequences.
Whilst encountering a nail in an injury like this might be quite rare, it may be possible if the damage from the crash caused a nail to be exposed, which you were then injured on.
A typical personal injury compensation claim will be made up of two heads of claim. The first of these heads is known as general damages. General damages will compensate you for the pain and suffering that your injuries caused you. It will be calculated based on how severe the injuries are and how your quality of life has been impacted.
In order to value the general damages head of your claim, your solicitor will arrange a medical assessment. In this appointment, an independent expert will examine your injuries and speak to you about how you’ve been affected. They’ll then compile these into a medical report which will be sent to your solicitor.
Using the details from your medical examination, your solicitor will then go on to refer to the Judicial College Guidelines (JCG) to calculate general damages on your behalf. The JCG is a publication that lists a range of injuries of varying severities and suggests appropriate awards for them based on previous cases.
The second head of a personal injury claim for compensation is special damages. Special damages are the part of your compensation that reimburses you for any financial losses you’ve experienced as a direct result of being injured. The costs that can be included in your special damages can include:
- Lost earnings from missed work
- Impact on any future earning capacity
- The costs of treatments not available on the NHS
- Travel expenses
- Child care
- Gardening or pet care if you lack the capacity to do these things yourself
- Forfeited deposits
- Damage to personal property during the accident
In order for something to be claimed back on special damages, you need to be able to provide proof of the expenses that you have incurred. This can include things like receipts, bills and invoices.
You may have thought all these additional costs were just the unfortunate repercussion of your injury for you to bear. However, this isn’t always the case. Read on to find out more about the claims process through our case study.
Mrs Blake and her six-year-old grandson were visiting a petting farm one weekend. At one point, they came upon a small wooden bridge which they needed to cross to get to the cafe and play area. Mrs Blake held on to the rail of the bridge to steady herself. However, she was unaware that there was a nail sticking out of the handrail. As she gripped onto it, the nail plunged into the centre of her hand.
Mrs Blake saw that the injury had been caused by a nail and noticed some dirt in the wound. Because of this, she decided to go to the hospital to have the injury treated. At the hospital, she was given a tetanus injection, and her hand was cleaned and dressed.
After the stress of the hospital trip, Mrs Blake reflected on the circumstances of the accident. She became understandably angry. She didn’t understand why an exposed nail was allowed to sit unchecked somewhere designed for people to put their hands. Mrs Blake decided to seek legal advice about claiming for her injuries.
The impact of the accident
Mrs Blake had hoped that the recovery of her hand would progress without incident. However, when the pain in her hand started to subside, she noticed that there was a numb section on the palm of her hand. She brought this up to her doctor, who advised that the nail injury could have damaged a nerve in her hand.
Mrs Blake worked at a bakery, and many of her daily duties had to do with kneading, rolling and shaping baked goods. Because of the pain in her hand, she had to take three weeks off work until the wound had healed enough for her to resume her duties.
The table below breaks down the compensation that was paid to Mrs Blake. As she’d taken photographs of the nail right after the accident took place, the farm was found liable for her injuries, and she was awarded £7,500 in compensation.
|Payment for puncture wound to the hand with permanent but non-intrusive symptoms.
|Loss of earnings
|Cost of care for her daughter to come and help cook and clean.
|Damage to clothing and handbag (bloodstains)
The above case study is an example that we’ve created based on our past experience of assessing and processing claims. It demonstrates the potential compensation that could be owed in a situation similar to this.
You may be wondering how much compensation you could be owed for an injury caused by a nail. It’s likely that you have seen websites offering online compensation calculators and have been tempted to put in your details and see how much you could be owed.
While these calculators are able to give a rough idea of how much you could be owed, you won’t receive as accurate a claim valuation as you would when speaking to a member of our team. This is because we collect as much information about your case as we can in order to give you a compensation estimate.
Get in touch with us today to find out more about how much you could be owed in compensation, or read on to find out more about No Win No Fee solicitors.
A No Win No Fee agreement, which is sometimes known as Conditional Fee Agreements, is a way of funding a solicitor. You also won’t be asked to pay a thing while your claim progresses or if it’s unsuccessful.
The only time you’ll be asked to pay your solicitor any fees is if your claim is successful. Then, they’ll deduct a legally capped success fee from your compensation award to cover their costs.
If you feel like you could benefit from a No Win No Fee agreement while claiming, get in touch with our team today. They’ll be able to assess the strength of your claim and, if appropriate, pass you on to one of our panel of personal injury solicitors.
Thank you for reading our guide to making a claim for an injury caused by a nail. If you would like more information on any of the things discussed, please feel free to:
- Call us direct on 0161 696 9685
- Email or write to us using our online callback form
- Speak on our ‘live support’ portal bottom right with an advisor
It’s no obligation and completely confidential. We’ve also included some further resources below that you may find useful.
Accident at Work Claims– our helpful guide on claiming for employer negligence could help you get the compensation you’re owed.
Car Accident Claims– Have you been injured in an accident on the road that wasn’t your fault? You could make a claim. Read our guide for more information.
Claims Against the Council– If you’d like to make a claim against the council or local authority for negligence, then read our guide to find out more.
Blood Borne Viruses in the Workplace– This guide from HSE shows how the use of gloves can help reduce the risk of bloodborne viruses in the workplace.
RoSPA– The Royal Society for the Prevention of Accidents offers advice and guidance on preventing accidents from happening.
Government Tetanus Guidance- This page gives government guidance about tetanus and the importance of preventing infection from stab or puncture wounds on old or rusty nails and sharp objects.
What should I do after a nail injury?
You should seek immediate medical attention if you’ve been injured by a nail.
What is the most serious consequence of a nail puncture wound?
A puncture wound caused by a nail could lead to tetanus, septicemia and other infections.
Can an injury caused by a nail lead to permanent damage?
Yes, it can. Depending on where the nail has pierced your skin, you could damage nerves, muscles and ligaments, which may lead to long-term repercussions.
Guide by FS
Published by NS