Anyone who has ever operated a jack hammer or seen one in use understands that this is a serious piece of equipment. It is purpose-built to destroy durable materials like concrete and rock that can hamper a construction project. So it is also easy to understand that the potential for a life-threatening injury is not uncommon when there is an accident involving a jack hammer. And sadly, there is a good possibility that the incident could result in a loss of life. In addition to these severe injuries, a jack hammer can even damage the human body when operated safely and in accordance with the manufacturer’s guidelines and specifications. The sheer volume of repetitive motion a jack hammer uses to dismantle concrete and stone also takes its toll on the body of any long-time jack hammer operator.
If you have been injured while using a jack hammer, either as a part of your job or on a project around your property, the team at DTLA Law is here to help you understand your rights and secure any compensation you are entitled to as a result of your injuries. But there is much more we need to know to provide you with proper guidance. We can guide you as you move forward with either a personal injury claim, a defective product case, or a worker’s comp claim. All will help cover the cost of your medical care and other losses directly resulting from your jack hammer injury. DTLA Law offers you expert representation by a skilled jack hammer injury attorney or a worker’s comp specialist, depending on your case. But regardless of the scope of your jack hammer injury case, we pledge to fight tirelessly to ensure that your rights are protected and that you receive the most compensation possible for your injuries. Contact our office 24/7 for a free consultation and evaluation of your case.
An On-The-Job Jack Hammer Injury
If your jack hammer injury occurred at work, worker’s comp would cover all your medical care bills, lost wages, and any long-term payments for partial or complete disability. Knowing this, you could be wondering why you would need any legal representation to file a claim with a system offered to all workers in the State of California, which is a valid question. But sadly, not every employer is forthcoming and willing to do their part to assist an employee injured on the job. Unless the employer files the proper notification of the incident with the worker’s comp system, you will not be able to use the benefits of this system. And that is when the worker’s comp experts at DTLA Law step in to work on your behalf with the worker’s comp staff and your employer. We strive to ensure that the proper processes are followed, allowing you to get the medical care and compensation you deserve for your jack hammer injury.
Common Injuries Caused By A Jack Hammer
The catastrophic injuries caused by an accident involving a jack hammer can include:
- Severe lacerations
- Broken or crushed bones
- Internal organ damage and internal bleeding
In addition to these accidents, operating a jack hammer for long periods can lead to many other often life-altering injuries, including:
- Traumatic Brain Injury – it is essential to understand that not all traumatic brain injuries result from impact to the head. Exposure to forceful vibrations, such as the action of a jack hammer, can result in permanent damage from the brain’s continual impact on the interior wall of the skull.
- Hand And Arm Vibration Syndrome – Constant exposure to the vibration of a jack hammer has been found to damage the bones, nerves, and muscles in the hands and arms. In the most severe cases, amputation is the only solution.
- Hearing Loss – Even with today’s advanced hearing protection, hearing loss is possible after extended exposure to the constant noise of heavy equipment such as a jack hammer.
- Material-Specific Injuries – sadly, a jack hammer operator can inadvertently be exposed to harmful or toxic substances underground while removing a paved surface or rock.
While many forms of personal protective gear are in use today, these items have not always been available to jack hammer operators. As a result, it is not uncommon for a seasoned jack hammer operator to discover health issues and damage due to exposure to some or all of these hazards. And in most cases, it can be very difficult for a layperson to prove the root of their medical issue is related to years of jack hammer operation. However, the experts at DTLA Law have the experience and knowledge to gather the essential data and precedents to achieve a successful outcome for their clients.
Who Could Be Help Responsible For My Jack Hammer Injury?
If your jack hammer related injury occurred at work, worker’s comp would handle the claim as a no-fault system in California. However, if you were hurt operating a jack hammer to remove a patio or driveway at your home, the list of potential plaintiffs, including:
- The manufacturer of the jack hammer, due to a product failure or defect that was not recalled
- The manufacturer could also be to blame if there were missing safety features or the safe operation of the jack hammer was not included in the owner’s manual
- The store that rented the jack hammer could also be liable if they failed to properly service and maintain the jack hammer and that contributed to your injury
- A supply chain or store could be held responsible if they knowingly sold a defective or unsafe jack hammer
The legal nuances of product liability, defective products, and safety recalls can be very complex and challenging to understand. Fortunately, each jack hammer injury attorney at DTLA Law is well-versed in this information and will be happy to explain how these factors impact your jack hammer injury case.
How Is My Compensation Determined?
Thanks to decades of combined experience, each jack hammer injury attorney at DTLA Law Group is very familiar with the criteria used to determine a realistic value for a jack hammer injury settlement. The factors taken into consideration include:
- The severity of your injuries and the cost of all medical bills for your care, such as the emergency room visit, surgery expenses, recovery care, rehabilitation, prescription medications, and any special items purchased to aid in your care or recovery from the jack hammer injury.
- Future medical expenses are also taken into consideration, as severe injuries can require reconstructive surgery, a series of corrective surgeries, or long-term rehabilitation and therapy.
- Lost wages due to your jack hammer injury are also evaluated to calculate the amount of your potential compensation.
- Severe injuries such as the amputation of a foot, a shattered leg, or hand disfigurement can result in a loss of future earning capacity. These injuries can impair your ability to work and earn a living in the future. The loss of future earnings is a factor in determining the amount of compensation you should seek.
- As the victim of a jack hammer injury, you are certain to have endured significant physical pain and suffering from your injury. Your mental suffering, including anxiety, depression, trauma, grief, nightmares, or other issues, is considered along with pain and suffering when determining fair compensation for your injury.
Don’t Wait Too Long
The California Statute of Limitations on a jack hammer injury is two years from the date of the injury. This means that, in most cases, you will lose your right to take legal action unless you seek legal representation and file a claim within two years. The professionals at DTLA Law are always here to help you understand the time limitations on filing any claim and the few exceptions that apply to these rules.
No Up Front Legal Fees To Worry About
The staff at DTLA Law understand the stress and trauma that all of their injury victims face. However, the team also knows that the faster a jack hammer injury victim contacts a legal professional, the sooner their stress can begin to subside. In addition, we want each potential client to understand that we offer our full service to each client with no up-front fees. Our policy is only to take payment after we have secured a settlement or verdict in our client’s favor. This payment program allows accident and injury victims to seek expert legal counsel immediately after their injury without the added stress of paying a retainer or other professional services fees.
At DTLA Law, we want clients to focus on healing and returning to a healthy and happy life. Leave the legal battles, processes, and paperwork to us, knowing we will fight diligently to protect your rights and serve your best interests. In addition, if you have spoken to another jack hammer injury attorney and are unhappy with the information they provided, contact DTLAS Law 24/7 for a free second opinion legal consultation to evaluate the potential for a jack hammer injury lawsuit on your behalf.