Construction sites are one of the most dangerous workplaces with numerous hazards that can cause severe injuries.
The Las Vegas construction accident lawyers at Henness & Haight are strong advocates for the rights of Nevada workers and can help those who have been injured in construction accidents caused by negligence or unsafe conditions. If you have suffered an injury or lost a loved one in a construction accident, you may have legal options that allow you to recover compensation. We are an accomplished personal injury law firm that has helped accident victims and their families for more than 20 years. Our services are provided on a contingency fee basis, so we charge no upfront fees and will only charge you if we help you obtain compensation. Do not hesitate to contact us for a free, no obligation consultation to find out how we can help.
Dangers of the Construction Industry
Construction workers are regularly exposed to hazardous conditions, such as extreme heights and dangerous equipment.
Most workplace accidents occur on construction sites, and one out of five work-related deaths is caused by a construction accident, according to the Occupational Safety and Health Administration (OSHA).
In order to protect workers in dangerous industries like construction, the Occupational Health and Safety Act of 1970 created OSHA to establish standards for the construction industry that employers must follow to ensure a safe and efficient working environment.
Although OSHA’s standards provide construction employers with a reasonable solution for ensuring workplace safety, employers all too often fail in their obligations to keep workers safe. They may fail to:
- Provide necessary training
- Provide functioning safety equipment
- Properly maintain equipment
- Follow OSHA rules and guidelines
- Maintain a safe and hazard-free environment
Employers who fail to live up to these standards allow dangerous violations to occur that put the safety of construction workers at risk. The most common violations of OSHA standards involve:
- Fall protection
- Hazard communication
- Respiratory protection
- Powered industrial trucks
- Machine guarding
- Electrical wiring
- Electrical, general requirements
Employers and construction companies are obligated to follow federal standards that focus on safety and create an efficient environment for employees to work. Any employer that fails to live up to this obligation can be held liable.
Causes of Construction Accidents
Construction accidents often occur because of hazardous conditions created by a negligent employer or co-worker. These hazards include:
- Scaffolding accidents
- Crane collapse
- Wet surfaces that cause slip and fall injuries
- Unguarded edges
- Falling from extreme heights or a roof
- Negligent use of construction vehicles
- Faulty protection from dangerous equipment
- Chemical spills
- Falling objects
When an employer or a third party fails in its duties to provide a safe environment on a construction site and injuries or illnesses result, they may be held liable for any resulting damages. To learn more about your legal options, contact our Las Vegas construction accident lawyers.
Injuries Caused by Construction Accidents Construction accident injuries are numerous and vary in their severity. While some are easy to identify and require immediate medical attention, others are less noticeable and may worsen over time.
Injuries that can result from a construction accident include:
- Broken bones
- Knee and ankle injuries
- Neck, shoulder or back injuries
- Head and/or brain injuries
- Spinal cord injuries
- Eye injuries, including impaired vision or blindness
- Illnesses caused by exposure to toxic chemicals or asbestos
These injuries often leave a victim in severe pain, permanently disabled or in some instances are fatal.
To prevent dangerous injuries from occurring, employers must provide adequate and effective safety precautions that protect employees.
Our skilled and qualified Las Vegas construction accident lawyers will be able to identify whether your injury was the result of another’s negligence.
Types of Construction Accident Claims
Because employers are required to provide workers’ compensation for injured employees, workers cannot file personal injury lawsuits against their employers for work-related injuries. However, it may be possible to file a claim against a third party that was responsible for causing your injury.
Third parties on a construction site include those who operate independently or separate from the construction management company.
A third party can include:
- General contractor
- Prime contractor
- Construction site owner
- Equipment suppliers
- Equipment/machinery manufacturers
- Guests or trespasser to the construction site
- Architects and engineers
A construction accident victim can file a personal injury claim if he or she can prove that the third party directly caused his or her injury and that he or she would not have been injured had the third party not acted negligently.
Third-party claims can be filed simultaneously with a workers’ compensation claim. These claims provide an opportunity to recover compensation that is not offered in a workers’ compensation claim, such as pain and suffering.
Wrongful Death Claim
Construction accidents are extremely dangerous and often result in the victim’s death. If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death claim seeking additional compensation.
In Nevada, a wrongful death suit can only be filed by select individuals. This includes the deceased’s surviving spouse, domestic partner, children and parents. Other individuals may be able to file a wrongful death suit if they can prove they were dependent on the deceased at the time of his or her death.
Product Liability Claim
If a machine or piece of equipment at a construction site is defective or malfunctions and severely injures or kills an individual, it may be possible to bring a product liability claim against the designer or manufacturer of the product.
Our Las Vegas construction accident lawyers will help you build a robust case to help maximize the compensation you are entitled. Contact Henness & Haight for a free review of your claim by one of our accomplished Las Vegas construction accident lawyers.
Types of Compensation from Workers’ Compensation
Depending on the circumstances of your injury and the type of claim you file, there are a variety of types of compensation that can be recovered.
Workers who suffer from an on-the-job injury or occupational disease have protected rights that provide compensation for medical expenses and partial disability pay.
If your injury or illness requires medical treatment, you may be required to select a physician or chiropractor from a list approved by your workers’ compensation insurer. If your employer or its insurance company has not contracted with a Preferred Provider Organization (PPO) or Organization for Managed Care (MCO), you can make your selection from the Panel of Physicians and Chiropractors. All medical expenses related to your injury with be paid by your insurer.
Temporary Total Disability (TTD)
If your doctor has verified that you are unable to work for a period of at least five consecutive days or five cumulative days throughout a 20-day period, or your employer is unable to accommodate the conditions of your injury, you may be entitled to TTD compensation.
Temporary Partial Disability (TPD)
If the wage you receive once you resume employment is less than the compensation you were entitled by TTD, your employer’s insurer may be required to make up the difference. You can only receive TPD benefits for a maximum of 24 months.
Permanent Partial Disability (PPD)
Once your medical condition is stable and there is an indication of a PPD as a result of your injury or illness, your insurer will arrange for an evaluation by a physician or chiropractor to determine the conditions of your PPD. The amount of compensation your PPD enables will depend on the date of your injury, the results of the PPD evaluation, and your age and wage.
Permanent Total Disability (PTD)
If your treating physician or chiropractor has medically certified you as being permanently and totally disabled and your insurer has granted you a PTD status, you are entitled to receive monthly benefits not to exceed 66 and two-third percent of your average monthly wage. The amount of your PTD payments may be reduced if you previously received a PPD award.
Vocational rehabilitation is a federal-state program that helps people with disabilities find employment and receive on-site training. Your employer’s insurer may grant you access to vocational rehabilitation if your injury permanently prevents you from working in your current line of work.
Personal Injury Lawsuit Compensation
If you are able to file a third-party, wrongful death or product liability claim, you may be able to recover compensation for many of your expenses and other damages associated with your injury.
Your employer can provide documentation of the wage you were making prior to the injury, how many hours you regularly worked and how much time you have missed because of your injury. This will be valuable for proving the amount of wages you have lost because of your injury.
Loss of Earning Capacity
If your injury prevents you from returning to work, we can calculate the wages you would have earned if you were able to return to work.
Past and Future Medical Expenses
A construction accident lawsuit can reimburse you for hospital visits, medical treatment, surgeries, physical therapy, medication and medical devices required for your injury. By keeping the receipts and documentation of visits to medical centers like University Medical Center, we can compile an accurate claim for the compensation you need.
If you lost a loved one in a construction accident, you may be able to file a civil claim for a wrongful death lawsuit. Recoverable damages for a wrongful death suit as listed in NRS 41.085 include reimbursement for medical expenses incurred by the deceased’s injury or illness, burial expenses, and lost wages and benefits.
Construction accident victims can be awarded punitive damages if the at-fault party intentionally caused the accident or acted in an extremely reckless manner. These damages are rare, however, and are meant as a form of punishment rather than compensation.
Under NRS 42.005 (1) (a), Nevada has a cap on punitive damages that cannot exceed three times the amount of compensatory damages a victim is awarded or $100,000, depending on which amount is larger.
Nevada’s Comparative Negligence Rule
Nevada uses the rule of comparative negligence to determine the amount of damages the at-fault party owes the injury victim in a personal injury lawsuit. Under this rule, the compensation awarded in a claim will be reduced by the injury victim’s percentage of fault in causing the accident. For instance, if you were not wearing the required safety equipment at the time of the accident, it could be determined that you share 30 percent of the fault for your injury. If you have filed a claim for $10,000, it would be reduced to $7,000.
Our Las Vegas construction accident lawyers will review all evidence and eye witness testimonies to make sure that you are not charged with more than your true share of fault in the accident.
Statute of Limitations
Personal injury claims in Nevada must be filed within the two-year statute of limitations stated in Nev. Rev. Stat. § 11.190.
In order to receive workers’ compensation benefits, you have a 90-day deadline to complete Form C-4 – Employee’s Compensation Report of Initial Treatment and return it your employer’s insurance company’s administrator. The deadline begins on the date of your injury.
Wrongful death suits also have a two-year limit for the deceased’s estate, spouse, children, domestic partner or parents to file a claim.
If you were injured by a defective product or machine malfunction, Nev. Rev. Stat. § 11.220 allows you to file a claim within four years of when the incident originally occurred.
If you wait to file a claim outside of the statute of limitations for any of these claims, you will lose your ability to pursue compensation or file a lawsuit. Do not hesitate to contact our Las Vegas construction accident lawyers for experienced legal help.
What Can Our Attorneys Do for You?
Construction accident claims are often complex cases and typically involve several parties attempting to distance themselves from the incident and downplay their level of liability.
We will conduct a thorough investigation into the incident to identify the true at-fault party and hold him or her liable for the damage he or she caused.
Our Las Vegas construction accident lawyers will also gather any evidence, medical records, or the testimonies of professionals within the medical and construction fields to prove that your injury was directly caused by your accident.
Without having a dedicated attorney to represent you, it can be difficult to hold the at-fault party responsible for causing your injuries and may severely affect the compensation you receive.
As accomplished Las Vegas construction accident lawyers, we have the experience you need when dealing with an uncooperative insurance company and a third-party involved in a construction accident.
Our firm’s co-founder Michael D. Haight has been awarded the AV rating from Martindale-Hubbell, the highest rating an attorney can receive based on his or her abilities. He is also a member of the Multi-Million Dollar Advocates Forum, which is comprised solely of top trial lawyers who have won multi-million dollar verdicts.
Your best-interests will be considered in all decisions, negotiations and settlements in order to help ensure that you receive the compensation and treatment you deserve. We will only accept a deal or offer that truly reflects the losses you have suffered.
Contact our Las Vegas Construction Accident Lawyers
If you or someone you love has been injured in a construction accident, it is imperative to have an experienced and resourceful attorney represent you during the claims process.
Our Las Vegas construction accident lawyers will work vigorously and diligently to ensure that your rights are protected and the validity of your claim is preserved. We can review your legal options through a free, no obligation consultation.
Any work we do for you comes at no expense. We only require payment if we are able to reach a favorable outcome for your claim. If we do not recover compensation on your behalf, you owe us nothing. For the last two decades, we have devoted ourselves to helping injury victims throughout Nevada and have recovered millions in verdicts and settlements on their behalf. We always put the needs of our clients at the front of every step we take and do not settle for anything less than what you deserve.
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