Las Vegas is a city that is constantly developing. New hotels, casinos, residential developments, and other construction projects are always growing across the city. Hard-working construction workers are to thank for these new projects. But sadly, those who work in construction are also at a high risk of injury compared to other professions.
When a construction accident happens in Las Vegas, those involved often suffer severe injuries that require long-term medical care and leave them out of work for extended periods. In especially serious cases, a construction accident injury can even be career-ending or life-threatening. Non-workers can also be put at risk of an injury if they happen to be near the construction site when the accident occurs.
If you or a loved one has recently been injured on or near a construction site in Las Vegas, it’s important to explore your legal options. Construction workers and all other types of employees are entitled to workers’ compensation coverage for work-related injuries. In cases involving third-party negligence, injured workers may also have grounds for a personal injury claim against the negligent party.
At the Cottle Firm, our dedicated team of Las Vegas construction accident attorneys is proud to stand by injured construction workers and help them seek the financial compensation they need and deserve. Call us today at 702-722-6111 to discuss your case and potential legal options in a free consultation.
Common Types of Construction Accidents in Las Vegas
Construction workers are subjected to some of the most dangerous conditions in the labor force. While safety regulations are in place to minimize the risk of accidents, construction workers are still injured too frequently. Here are some of the most common types of construction accidents, according to the Occupational Safety and Health Administration (OSHA).
Falls
Falls are one of the leading causes of serious injury and death on construction sites. OSHA categorizes them as one of the “Fatal Four” leading causes of death in the industry, along with being struck by objects, electrocution, and caught-in/between accidents. According to the Bureau of Labor Statistics (BLS), in 2022, 38.4 percent of construction worker deaths were caused by falls, slips, and trips.
Common examples of fall accidents on construction sites include falls from improperly assembled scaffolding, unsecured ladders, or rooftops without proper fall protection. Employers are legally required to provide safety training and equipment, but some fail to do so, which can lead to preventable accidents and injuries.
Being Struck by Falling Objects
Being struck by objects is another leading cause of fatal construction accidents. Many construction projects involve multiple levels. Tools, materials, and debris can fall from above and cause serious or fatal injuries. These accidents are often preventable with better safety protocols, such as using toe boards, debris nets, and proper storage procedures for tools and materials.
Electrical Accidents
Construction sites are full of electrical hazards that can be deadly if not properly managed, such as live wires and electrical tools. These hazards should be properly grounded and insulated with appropriate warning signage to prevent electrocution. When an electrocution accident does occur, the victim may suffer burns, heart damage, and neurological trauma. These accidents are also often fatal.
Caught-In/Between Accidents
A caught-in or between accident is when a worker is caught in or compressed by equipment or objects, or struck and pinned by collapsing structures. These are among the most gruesome and life-threatening types of construction accidents, and victims often suffer amputations and internal injuries.
Malfunctioning Equipment
Heavy machinery like cranes, forklifts, bulldozers, and power tools can be extremely dangerous if not maintained or operated properly. Equipment malfunctions typically occur due to mechanical failure, poor maintenance, or defective parts. When a piece of machinery breaks down during operation, it can put workers at serious risk.
Vehicle-Related Accidents
Large construction vehicles like bulldozers and dump trucks can be extremely dangerous when not operated carefully. Even a brief lapse in attention can cause devastating injuries. Inadequate training, poor signage, and communication breakdowns are common contributors to construction site vehicle accidents.
Exposure to Hazardous Materials
Construction workers may be exposed to harmful substances like silica dust, lead, or chemical solvents on the job. Long-term exposure without proper protective gear can lead to serious health conditions, including respiratory diseases, cancer, and neurological disorders. In some cases, symptoms may not appear until years after exposure.
Employers have a responsibility to identify and mitigate these risks with preventative measures like ventilation systems and protective equipment.
Who Can Be Held Liable for Construction Accidents?
Construction sites often involve multiple parties, including contractors, subcontractors, property owners, and vendors. This can make liability complex when an injury occurs. Workers’ compensation typically covers medical and wage benefits, but it does not always address the full extent of a victim’s losses. In some cases, third parties may also be held liable for negligence in personal injury lawsuits.
Employers and General Contractors
Employers and general contractors have a legal responsibility to maintain safe job sites. This includes following all federal and state regulations, providing safety equipment, offering training, and supervising job conditions.
While most injuries on the job are initially handled through workers’ compensation, employers and contractors may be held liable in certain circumstances. For example, if a worker for one subcontractor is injured due to the negligence of someone other than their employer, they could have grounds for a personal injury claim against that party.
Subcontractors and Third-Party Vendors
Most construction projects involve a variety of subcontractors, such as electricians, plumbers, roofers, and HVAC installers. Each of these subcontractors is responsible for the safety of their own crew and equipment. If a subcontractor’s negligence results in an injury to another worker on-site, they could be held liable in a third-party injury claim.
Similarly, third-party vendors like material suppliers or delivery drivers can be held liable if their actions contribute to an unsafe environment. For example, if a vendor spills hazardous materials, fails to clean them up, and this leads to a slip-and-fall, they may be held accountable for resulting injuries.
Equipment Manufacturers
If a construction accident is caused by defective machinery or tools, the manufacturer of that equipment may be liable under product liability laws. Product liability cases typically involve either design flaws, manufacturing defects, or a failure to provide adequate warnings or instructions. For example, if a construction worker is injured by a power tool that lacked proper safety guards, they may have grounds for a product liability claim against the manufacturer.
Property Owners and Developers
Under Nevada premises liability laws, property owners have a duty to maintain reasonably safe conditions for workers and other authorized guests on their premises. If a property owner fails to warn of known hazards and someone is injured as a result, the owner may be held liable. The degree of responsibility depends on the extent of the owner’s control over the site and their involvement in day-to-day operations.
Workers’ Compensation vs. Personal Injury Lawsuits
After a construction accident, injured workers often assume that their only recourse is filing a workers’ compensation claim. While most Nevada employees are covered under workers’ comp, it’s not always the only option. In cases involving third-party negligence, a personal injury claim may also be an option.
What Does Workers’ Comp Cover?
In Nevada, most construction workers are covered by their employer’s workers’ compensation insurance. This system is intended to provide no-fault benefits to injured employees without the need to prove negligence. Benefits typically include:
- Medical expenses related to the injury
- Temporary or permanent disability payments
- Vocational rehabilitation
- Death benefits for surviving family members
Although workers’ comp can help cover immediate medical needs and a portion of lost wages, it also has limits. You cannot recover damages for pain and suffering, emotional distress, or punitive damages under workers’ comp. Additionally, wage replacement is typically capped at ⅔ of your average pay.
When Can You Sue for a Construction Accident?
If someone other than your direct employer caused or contributed to your accident, you may be able to file a personal injury claim in addition to your workers’ compensation claim. This type of claim can be especially important for injuries that involve long-term financial and emotional hardships.
Examples of third-party liability include:
- A subcontractor who left debris on a walkway, causing a worker to fall
- An equipment manufacturer whose defective product malfunctioned and caused an injury
- A property owner who failed to address a known hazard
- A delivery driver whose vehicle struck a worker on-site
Unlike workers’ comp, a personal injury claim allows you to seek full compensation for both economic and non-economic damages, including:
- All medical expenses (past and future)
- Full lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
What to Do After a Construction Accident
The steps you take after a construction accident can have a major impact on your recovery and your ability to seek financial compensation. If you’re injured on a Las Vegas construction site, here’s what you should do to protect yourself and your legal rights.
Seek Immediate Medical Attention
Your safety should always come first. Seek emergency medical care or visit an urgent care facility as soon as possible following an injury. This helps ensure you get the treatment you need to recover without preventable complications and also creates a medical record that will be important later if you pursue a workers’ comp or personal injury claim.
Delays in treatment can be used against you by insurance companies, who may argue that your injuries aren’t serious or weren’t caused by the accident. Seeking medical care right away helps prevent them from using these tactics.
Report the Incident to Your Supervisor
Under Nevada workers’ comp law, injured workers are required to report workplace injuries to their employer within seven days. Failing to do so can jeopardize your ability to collect workers’ compensation benefits. Make your report in writing, and include details about when, where, and how the injury occurred.
Even if you’re unsure whether the injury is serious, it’s better to report it right away. Some injuries worsen over time, and these are also covered, but only if the incident is documented from the beginning.
Document the Scene and Your Injuries
If you’re not too severely injured, take photos of the accident scene. Include any hazardous conditions, broken equipment, or safety violations. Get contact information if there were any witnesses, and take notes about what happened while the details are still fresh in your mind.
Keep a journal of your injuries, medical appointments, and how the accident is affecting your ability to work and live your daily life. These details can be useful for your case if you seek compensation or need to challenge a denied claim.
Avoid Speaking to Insurance Adjusters Without Legal Advice
After an accident, you may be contacted by insurance adjusters representing your employer or a third party. Although they may seem friendly and helpful, their goal is to limit the amount their company pays out. Anything you say can be used to minimize or deny your claim.
Do not give a recorded statement, sign any documents, or accept a settlement offer without first speaking to a construction accident attorney. Even seemingly minor comments like “I feel okay” can be twisted to suggest your injuries aren’t as serious as you claim.
Consult a Construction Accident Attorney
If you plan to take legal action, it’s best to speak with an experienced Las Vegas construction accident lawyer. They can help you file a workers’ comp claim, dispute denied claims, and investigate whether you may have grounds for a third-party personal injury lawsuit.
Your lawyer can guide you through each step of both the workers’ comp and personal injury claims processes. They can communicate with insurance companies on your behalf, gather evidence to support your claim, negotiate for a settlement, and represent you in court if necessary.
Learn More From Our Las Vegas Construction Accident Attorneys
If you or a loved one has been injured in a construction accident in Las Vegas, don’t go through the legal process alone. The skilled Las Vegas construction accident attorneys of the Cottle Firm are prepared to help you seek the financial compensation you deserve. Give us a call today at 702-722-6111 to have your case evaluated in a free consultation.