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Mazda man asked in Business & FinanceInsurance · 10 years ago

Do brass hammers chip?

I posted the following question few days ago but didn't get a satisfying answer:

I was installing a snow plow and needed to hammer a bolt through an opening. I grabbed my deadblow hammer (rubber on one end, brass on the other) for the job. Hitting with brass end, a chip from the hammer flew into my eye. Immeditate pain. I stayed at work to complete my shift and went home. Pain was worsening, so my wife took me to the ER. It was determined that the metal shard had torn through the cornea, iris, pupil, and was embedded between the lens and retina. Surgery was performed to stitch together the laceration where metal penetrated the eye to prevent infection. Antibiotics were injected into the eye as well. A second surgery is planned to remove the metal shard, replace the lens with a synthetic one, and remove the cataract that had formed immediately after the incident. The status of my vision at this time remains unknown. Regardless, a scar will remain, the effect of which on my vision will only be known with time. I have been ordered to remain off work for one week, and my ability to work effectively in the future is yet another unknown.

After all of this, I can’t help but think, should the hammer have chipped?

Moreover, on the hammer itself it states “wear safety goggles.” Do you guys wear safety goggles when you want to hammer something?

I have used hammers all my life. I feel like I was tricked. I would like to hear from you, to know for sure if this is just a stupid mistake on my part, or if I should take things further, so at least no one else gets hurt like this. I believe that this hammer should have never crossed the border from China.

The warning to wear goggles was written orange on orange. Secondly, I noticed it only when I examined the hammer closely after the accident.

I had the second surgery Monday. It lasted 2Hrs instead of 1/2 an Hour. The Doctor was surprised to find out that the piece of brass was as big as a fingernail...The intrusion had destroyed the eye and the artificial lens could not be placed where it was supposed to go. A transplant will be necessary for a recovery.

I said I feel like I was tricked because I have used hammers in my life and I have never thought that this one would chip on me. A hammer shouldn't chip.

Thank you all.

Update:

Thanks Mark.

The piece was confirmed to be a piece of brass from the hammer. It was sent to the lab to check for contamination. I understand that all metals can chip but here, we are talking about a big chunk...half of an inch!

I would like to know if I have a case against the manufacturer.

Thanks

3 Answers

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  • Anonymous
    10 years ago
    Favorite Answer

    Several different issues here. First, this is posted under the Insurance blog site, so I doubt very many will know the impact specs of a brass hammer.

    As for the hammer and safety warnings. I too worked construction and heavy equipment for many years in my youth and still work around my own home building and repairing. I find that I should always wear safety glasses when hammering anything. It may not have been the brass from the hammer but a chip from the bolt or chip from the snow plow that ended up in your eye. Paint chips are common to come off when being hammered – this would be my bet on what ended up in your eye, if it was the same color as brass. Only finding the chip and having it examined will tell you where it came from. I hope the doctor that remove this from your eye, kept this or returned it to you and documented the find in his file. Your employer should have also made it mandatory that safety glasses are worn any time certain tools are used. Any orange label on a tool should be read immediately before using the tool. Safety warnings are always in orange. I am sorry this was written in orange, not sure that would hold up in a court of law.

    Work Comp: I am making the assumption you are in the United States. Each and every state has laws to protect workers from injuries and provide coverage for a worker once he or she is injured. A loss of an eye would constitute a Permanent Partial award in most states and allow for a large cash settlement. Most states also allow for retraining or re-education when an employee cannot return to the pre-injury position because of the injury. The adjuster handling you claim should be able to inform you or your options, however if you are not satisfied with the answers or feel they have not complied with the law in your state, an attorney should be consulted for assistance. Worst case scenario is that you are ruled Permanently Totally Disabled. Again the amount of benefit you can receive will depend on the state where the accident occurred. An attorney should be consulted for this as well and most preferably one with Work Comp settlement experience.

    Good Luck with your injury and upcoming procedures.

  • Anonymous
    4 years ago

    Any hammer can chip. Even the rubber end of the ineffective blow hammer can chip if it hits purely actual. i do no longer understand why you experience such as you have been tricked. you will desire to have had on eye protection if for no different reason than the bolt you have been hammering on would even have chipped. i'm incredibly sorry for what got here approximately to you yet as I incredibly have discovered from very own adventure, once you do no longer persist with the consumer-friendly protection rules, you each so often get injured.

  • 10 years ago

    Yes, it can. ANY metal can chip, if it becomes brittle enough. Cold, makes metals more brittle.

    How, exactly, were you tricked??

    Look, you talk to a lawyer to see if you have a case against the manufacturer. I have no idea, but I CAN tell you that clearly, you used the wrong tool for the job.

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