Construction Site Accidents: Legal Options for Injured Workers in Las Vegas

Construction is one of the most dangerous occupations in the United States. According to the Occupational Safety and Health Administration (OSHA), about 137,000 construction workers are seriously injured and more than 800 are killed in work-related accidents each year. Many of these injuries are preventable and only occur due to negligence, poor oversight, or defective equipment.

A construction site injury can cause life-altering physical, emotional, and financial consequences for the worker. Construction workers should be prepared for the possibility of a worksite accident and understand their legal rights in the event of one. Workers’ compensation is available for all types of construction injuries, and in some cases, a third-party personal injury claim may also be on the table.

If you’ve recently been injured while working construction in Las Vegas, you have the right to seek financial compensation for your injuries. At the Cottle Firm, our experienced Las Vegas construction accident lawyers assist injured workers with workers’ compensation and personal injury claims arising from work-related injuries. Contact us today at 702-722-6111 to discuss your construction accident case in a free consultation.

What Are the Most Common Construction Site Accidents?

No two construction sites are exactly alike, but the kinds of accidents that happen tend to follow familiar patterns. Many construction accidents only happen due to negligence, such as ignoring safety rules. Here are some of the most common types of construction site accidents in Las Vegas.

Falls From Heights

Falls are consistently among the leading causes of injuries and fatalities in the construction industry. Workers are commonly required to work on scaffolding, ladders, rooftops, and elevated platforms. Strong fall protection systems must be in place to minimize the risk of falls from heights. Even falls from relatively low heights can cause serious injuries.

Struck-By Objects

Struck-by incidents occur when a worker is hit by falling tools, building materials, vehicles, or equipment. Common forms of negligence that can cause these accidents include improperly secured loads, malfunctioning cranes or lifts, and failure to enforce safety zones around operating machinery. The injuries from struck-by accidents can range from lacerations and fractures to internal bleeding and head trauma. In some cases, they can even be fatal.

Electrocutions

Construction workers are frequently asked to work near unfinished electrical systems, overhead power lines, and electric tools or equipment. Management must implement preventative measures to reduce the risk of electric shocks or electrocution, such as proper grounding, insulation, and lockout/tagout procedures. Electrical accidents can result in burns, nerve damage, heart complications, or death.

Caught-In or Caught-Between Accidents

These accidents occur when a worker is crushed, pinched, or squeezed between two objects, such as heavy equipment and a wall, or caught inside moving machinery. Common causes include trench collapses, unguarded machines, and improperly secured loads. Injuries from these incidents are often severe and may include crushed limbs, amputations, or fatalities.

Equipment Failures

Heavy machinery, like forklifts, backhoes, cranes, and power tools, can cause serious injuries when something goes awry. This equipment must be properly maintained and operated to reduce the risk of injury. In some cases, heavy machinery may be inherently defective, which can also result in catastrophic accidents and injuries.

Exposure to Hazardous Substances

Construction workers are at risk of exposure to chemicals, dust, fumes, asbestos, and other hazardous substances on the job. These risks can be mitigated with measures like proper ventilation, protective gear, or hazard training. Exposure to toxic substances can lead to long-term respiratory illnesses, skin damage, toxic injuries, and death. 

Workers’ Compensation in Nevada

In Nevada, most construction workers who are injured on the job are entitled to workers’ compensation benefits. These benefits provide medical care and partial wage replacement for injured workers.

Nevada law requires nearly all employers, including construction companies, to carry workers’ compensation insurance. If a worker is hurt on the job, this insurance pays for medical treatment, lost wages, and other benefits. 

Workers’ comp is a “no-fault” insurance system, meaning that injured workers are entitled to benefits regardless of who caused the accident. In return, the injured worker usually cannot sue their employer, even if negligence was involved.

Covered Benefits

Workers’ compensation in Nevada generally provides the following benefits:

• Medical treatment: Coverage for all reasonable and necessary medical care related to the injury, including doctor visits, surgery, rehabilitation, prescriptions, and more.
• Temporary Total Disability (TTD): Partial wage replacement if you are unable to work temporarily due to your injuries.
• Permanent Partial Disability (PPD) or Permanent Total Disability (PTD): Compensation if your injury results in long-term or permanent impairment.
• Vocational rehabilitation: In some cases, injured workers may receive help retraining for a different job if they are unable to return to construction work.
• Mileage reimbursement: Reimbursement for travel to and from medical appointments, if the distance exceeds a certain threshold.

Deadlines and Notice Requirements

To qualify for benefits, injured workers must follow specific timelines:

• Report the injury to your employer as soon as possible, preferably on the day it occurs.
• File a claim by completing a C-4 form (filled out by your treating physician) within 90 days of the injury.
• Employers must file their own report (Form C-1) within 6 working days, and the insurer has 30 days to accept or deny the claim.

Missing these deadlines can delay your benefits or even result in a denial of your claim.

Limitations of Workers’ Compensation

Workers’ comp provides important benefits, but it does not fully replace your lost income or account for non-economic damages, such as pain and suffering. In most cases, you cannot sue your employer for additional damages, even if unsafe working conditions contributed to your injury. This limitation is why many injured construction workers also explore third-party claims when another party besides the employer may be at fault.

When Can You Sue for a Construction Site Accident in Nevada?

In some cases, an injured worker may have the right to pursue a third-party liability claim in addition to workers’ compensation benefits. This is an option when someone other than your employer or a coworker is responsible for your injury. 

Examples of Liable Third Parties

Construction sites typically involve several parties, such as general contractors, subcontractors, property owners, equipment manufacturers, and outside vendors. Any of these parties might be considered liable if their negligence contributed to the accident.

Some examples include:

• A subcontractor who failed to follow safety protocols
• A property owner who failed to warn of known hazards on the site
• An equipment manufacturer whose defective tool or machinery caused an injury
• A delivery driver or outside vendor who created unsafe conditions on the site.

Unlike workers’ comp, which is a no-fault system, a third-party claim is a civil personal injury lawsuit that requires proof of negligence or wrongful conduct.

Types of Damages Available in a Third-Party Lawsuit

Third-party claims offer more comprehensive compensation than workers’ compensation alone. Potential damages may include:

• Full lost wages, including future lost earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Punitive damages (in cases of gross negligence or intentional misconduct)

This compensation can be critical for workers whose injuries are life-altering and who may never return to their previous line of work.

How Third-Party Claims Can Affect Workers’ Compensation

Receiving workers’ compensation benefits does not prevent you from filing a third-party lawsuit. However, if your third-party claim is successful, your employer’s insurance company may have a right to reimbursement for the benefits already paid – a process called subrogation.

When Can You Sue Your Employer for a Construction Injury?

In most construction injury cases, Nevada’s workers’ compensation laws protect employers from being sued directly by their injured employees. However, there are limited but important exceptions to this rule:

• Intentional harm: Your employer could be held liable if they deliberately caused your injury, such as by assaulting you or intentionally removing safety protections from machinery.
• Failure to carry workers’ compensation insurance: If your employer did not have the legally required workers’ compensation coverage at the time of your injury, you may be entitled to sue them directly for negligence.
• Bad faith or retaliation: If an employer interferes with your right to file a workers’ comp claim or retaliates against you for reporting an injury (such as by firing you or reducing your hours), you may have grounds for a separate lawsuit under employment or civil rights laws.

Suing an employer outside the workers’ comp system is not easy and requires clear evidence that one of these exceptions applies. Most injured workers will not be able to sue their employer directly, but it’s still important to consult with a construction accident attorney if you suspect gross misconduct, lack of coverage, or retaliation.

Filing a Personal Injury Lawsuit After a Construction Accident

If your construction site injury in Las Vegas was caused by a third party, you may be able to pursue a personal injury lawsuit alongside your workers’ compensation claim. Here is an overview of the process, deadlines, and legal strategies involved with these cases.

Steps to Take Before Filing

Take these steps before you file a lawsuit:

• Seek medical attention immediately. Not only is this important for your health, but medical records are key evidence in any personal injury claim.
• Report the injury to your employer and document the circumstances of the accident as clearly and thoroughly as possible.
• Preserve evidence. This might include photographs of the accident scene, damaged equipment, witness statements, or safety reports.
• Consult a personal injury attorney with experience in third-party claims for construction accidents.

Time Limits and Statute of Limitations

In Nevada, most personal injury claims must be filed within two years from the date of the accident. Missing this deadline can result in your case being dismissed, no matter how strong the evidence may be. 

It’s also worth noting that the timeline for a personal injury lawsuit is separate from the deadlines involved in your workers’ compensation claim. You can pursue both types of claims simultaneously with the help of legal counsel.

What to Expect in the Legal Process

A personal injury lawsuit typically involves several phases:

• Investigation and claim preparation: Your attorney will gather evidence, identify potential defendants, and calculate the full value of your damages.
• Filing a complaint: This is the formal document that initiates your lawsuit and lays out your legal claims.
• Discovery: Both sides exchange evidence and interview witnesses. This stage helps clarify the strengths and weaknesses of the case.
• Settlement negotiations: Most personal injury lawsuits settle out of court. Your attorney will work with the defendant’s insurer to negotiate a fair settlement amount that accurately reflects your damages.
• Trial: If a fair settlement cannot be reached through negotiation, your case may proceed to trial. A judge or jury will determine fault and award damages.

Each step requires strategy and attention to detail. Construction accident lawsuits can be complex, especially in cases where multiple companies share responsibility for job site safety.

How a Las Vegas Construction Accident Lawyer Can Help

Pursuing a third-party personal injury lawsuit is not something most injured workers can or should attempt alone. Construction sites involve many moving parts and overlapping responsibilities. Identifying the right defendant, proving negligence, and presenting compelling evidence all require the experience of a skilled attorney.

A qualified Las Vegas construction accident lawyer brings a deep understanding of both the legal and practical aspects of your case. They can identify every possible source of compensation, which may include a negligent subcontractor, equipment manufacturer, property owner, or another third party who contributed to the unsafe conditions on the job site. They also know how to gather and preserve evidence, work with safety experts and medical professionals, and navigate Nevada’s civil court system.

At the Cottle Firm, our construction accident lawyers work on a contingency basis. This means you pay nothing unless you win your case or reach a settlement. This makes legal representation accessible to injured workers who are already facing financial difficulties.

Discuss Your Case with a Las Vegas Construction Injury Lawyer

If you’ve been injured on a construction site in Las Vegas, you have options for financial compensation. The experienced Las Vegas construction injury lawyers at the Cottle Firm can guide you through the process, protect your rights, and help you fight for the compensation you deserve. Give us a call today at 702-722-6111 to discuss your legal options in a free consultation.