Construction is everywhere in Las Vegas, with major projects like new hotels, roadways, and housing tracts being built all the time. For the people doing that work, it’s a dangerous job. Construction accidents happen more often than most people realize, and they can change a worker’s life forever.
If you’ve been injured on a construction site in Las Vegas, you’re probably dealing with pain, medical bills, missed paychecks, and questions about what happens next. Maybe your employer says workers’ comp will take care of it, but you’re not sure if that’s enough, or if you’ll get the full benefits you deserve. Maybe someone else caused the accident, and you don’t know whether you can sue.
At the Cottle Firm, our dedicated Las Vegas construction site accident lawyers help people in your situation understand and exercise their legal rights. We’re prepared to evaluate your case and help you determine the next steps, whether that’s simply filing for workers’ comp or filing a personal injury claim against a negligent third party. Give us a call today at 702-722-6111 to discuss your construction site injury case in a free consultation.
Why Construction Accidents Are Legally Complicated
Construction accidents often involve a web of overlapping responsibilities, competing interests, and complex legal considerations. Multiple parties may play a role in how and why an accident happened. Here is an overview of these legal dynamics.
Overlapping Roles of Multiple Parties
Most construction projects are a patchwork of separate entities working under layered contracts. A developer might own the property and hire a general contractor, who in turn hires multiple subcontractors. Meanwhile, a site manager oversees daily operations, and government inspectors enforce building codes and safety standards.
When an accident happens, the question isn’t just “what happened?”, but also “who was responsible for preventing it?” This is where liability gets complicated. A subcontractor might be at fault, but so could a general contractor for failing to supervise the site, or the property owner for allowing unsafe conditions. Each party’s role must be closely investigated to determine who can be held legally accountable.
How OSHA Violations Intersect with Civil Claims
The Occupational Safety and Health Administration (OSHA) sets federal safety standards for construction sites. When OSHA finds violations, it may issue citations and fines. But OSHA enforcement is separate from your right to sue.
While an OSHA citation doesn’t automatically make someone liable in civil court, it can serve as powerful evidence in a personal injury lawsuit. For example, if a contractor ignored repeated OSHA warnings about a known hazard, that negligence could strengthen your case. In short: OSHA can’t compensate you, but its findings may support your right to seek damages from a negligent third party.
Unionized vs. Non-Union Work
Unionized construction workers often operate under collective bargaining agreements (CBAs) that may include specific procedures for reporting injuries, resolving disputes, or receiving certain benefits beyond state-mandated workers’ comp. These agreements can sometimes affect how a claim is handled, or even whether a claim can be pursued in a particular forum.
Non-union workers don’t have those additional protections or avenues for redress. That can make them more vulnerable, especially if their employer lacks proper insurance or tries to discourage them from filing a claim. In either case, having a lawyer familiar with Nevada labor law and union agreements can help you better understand and exercise your legal rights.
Common Construction Site Accidents in Las Vegas
Construction is among the most dangerous industries in the U.S. In 2023, the Bureau of Labor Statistics (BLS) reported 57 work-related fatalities in Nevada. Here are some of the most common types of construction accidents in Las Vegas.
Falls from Heights
Falls from heights are one of the leading causes of serious injury and death on construction sites. Workers can fall from scaffolding, ladders, roofs, and unguarded edges. Some of these accidents only occur due to negligence, such as failing to provide the right fall protection equipment or the improper use of this equipment. A single slip can mean broken bones, spinal injuries, or worse.
Falling or Struck-by Objects
Las Vegas job sites are often vertical, with crews working on multiple levels at once. That means tools, building materials, and debris can fall without warning. Protective equipment like hard hats can help, but it’s not always enough to prevent serious head or neck injuries when something heavy falls from above.
Heavy Machinery & Caught-Between Accidents
Heavy machinery like bulldozers, forklifts, cranes, and backhoes is common on construction sites, but they’re dangerous if not used correctly. Issues like poor visibility or lack of training can lead to crushing injuries, runovers, or workers getting pinned between equipment and structures.
Electrical Accidents
Las Vegas construction sites often have complex electrical systems, especially on commercial projects. Contact with exposed wires, power lines, or unfinished electrical panels can cause serious injuries like shocks, burns, and cardiac arrest. These accidents are often the result of poor planning or code violations.
Trench Collapses and Structural Failures
Excavation work can turn deadly if trenches aren’t properly supported. A collapse can bury a worker in seconds. In addition, makeshift scaffolding or temporary structures can fail under weight or strain, which can cause crushing injuries or falls.
Vehicle Collisions on Site
Most construction zones are busy with various types of vehicles, including delivery trucks, dump trucks, and site vehicles. Workers are sometimes struck by vehicles or caught between them and fixed objects. Most of these motor vehicle accidents are preventable and only occur due to negligence, such as reckless driving or poor construction site management.
Liability for Construction Site Accidents
Determining who’s at fault for a construction accident in Las Vegas can be complex. Liability can fall on multiple parties, depending on the circumstances behind the accident. Most construction injuries are covered by workers’ comp, but injured workers may also have grounds for a personal injury claim if the accident was caused by the negligence of a third party. Here are some of the potential defendants in a construction accident claim.
Contractors and Site Management
The general contractor overseeing the project typically bears broad responsibility for overall site safety. They may be considered liable if they failed in this responsibility, such as by failing to enforce safety standards, coordinate between subcontractors, or ensure hazard-free working conditions. This liability may apply even if they weren’t directly supervising the injured worker.
Subcontracting Firms and Trade-Specific Crews
Electricians, roofers, welders, and other specialized crews are often hired by subcontracting firms, not by the site’s general contractor. These subcontractors also have a legal duty to maintain safe working conditions. If a subcontractor fails to train its workers properly, doesn’t follow required safety procedures, or allows other unsafe practices, the firm can be held responsible for resulting injuries.
Property Owners and Developers
In some cases, the property owner or the real estate developer who commissioned the construction may be liable. If the injury was caused by a hazard the owner knew about (or should have known about), or if the owner failed to disclose site-specific dangers, they could face legal action. This is especially relevant for commercial developments or tourist-facing projects in Las Vegas.
Equipment Manufacturers and Maintenance Companies
Defective or poorly maintained equipment can pose a serious hazard to construction workers. If the injury was caused by a design defect, manufacturing flaw, or a lack of proper maintenance, liability may fall on the equipment manufacturer or the company responsible for repairs. These third-party claims are filed based on product liability law.
City Inspectors or Third-Party Site Auditors
Public inspectors and private safety consultants are brought in to evaluate construction sites for code compliance and worker safety. If an auditor overlooked a major safety issue or approved a site that did not meet regulations, they may be deemed liable. While it’s harder to bring claims against government agencies due to sovereign immunity, certain exceptions exist under Nevada law (NRS Chapter 41).
Drivers or Vendors on or Near the Site
Construction zones often require deliveries of materials, equipment, or concrete. If a delivery truck hits a worker, or a vendor creates a hazard (like spilling oil or blocking an exit), that third party can be held liable. In busy Las Vegas projects near roadways, even passing drivers can sometimes cause harm that justifies a personal injury claim.
Workers’ Compensation vs. Third-Party Claims
One of the most misunderstood parts of construction injury cases is figuring out what kind of legal claim you might have. Most injured workers assume their only option is filing for workers’ compensation. And while that is the most common route, it’s not the only one. If someone other than your direct employer played a role in your accident, you may also have grounds for a third-party personal injury claim against that party.
What Workers’ Compensation Covers
Nevada’s workers’ compensation system provides benefits for medical treatment, wage replacement, and disability. It also covers vocational rehabilitation in some cases. But it doesn’t pay for pain and suffering, emotional distress, or full lost wages over time.
You also can’t sue your employer directly in most cases, even if they were negligent. Workers’ comp is a “no-fault” system, meaning you don’t have to prove your employer did anything wrong to receive benefits. However, your compensation is also limited.
When a Third-Party Lawsuit is an Option
If a person or company other than your employer caused or contributed to the accident, you may be able to file a separate personal injury lawsuit. These are known as “third-party claims.”
Third-party lawsuits allow you to recover damages that workers’ comp doesn’t cover, such as pain and suffering and loss of future earning capacity. These claims often arise on construction sites, where multiple subcontractors, vendors, property owners, or equipment manufacturers are involved.
You may file a third-party claim while also receiving workers’ comp benefits. The two are not mutually exclusive.
Examples of Third-Party Negligence Claims
Here are some real-world examples to clarify how third-party claims work:
- A worker employed by a subcontractor is injured when a crane operated by a different subcontractor tips over due to poor training.
- A delivery driver slips and falls on spilled concrete at a job site while dropping off materials and sues the general contractor for failing to maintain safe conditions
- A roofer suffers electrical burns when faulty wiring from an electrical subcontractor is left exposed and unmarked.
- A day laborer using a rented power tool sustains severe injuries when the tool malfunctions due to a design defect. The manufacturer may be held liable under product liability laws.
These are all third-party situations that would support claims beyond workers’ compensation.
What You Can Recover in a Third-Party Construction Injury Claim
A personal injury lawsuit offers a broader range of compensation than workers’ comp. You may be entitled to the following damages:
- Full medical costs, including future treatment
- Your full lost wages, including future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in rare cases involving extreme negligence or intentional harm)
How a Las Vegas Construction Accident Lawyer Can Help
After a serious construction accident, your employer and their insurer may try to control the narrative. A skilled Las Vegas construction worker can launch an independent investigation to determine what really happened. They look beyond the employer’s role to identify all responsible third parties.
If you’re receiving workers’ comp, your attorney can coordinate that claim while pursuing a separate personal injury lawsuit to recover what workers’ comp doesn’t cover. They’ll also assess the full, long-term costs of your injuries to fight for a settlement or court award that reflects your true losses.
Discuss Your Case With a Las Vegas Construction Accident Lawyer
If you’ve recently been involved in a construction accident in Las Vegas, you may be facing painful injuries, mounting medical bills, and an uncertain future. Fortunately, you have legal rights, and you don’t have to go through the legal system alone. At the Cottle Firm, our team of dedicated Las Vegas construction injury lawyers is proud to help our clients fight for the compensation they deserve after preventable construction accidents. Don’t settle for less than you deserve. Contact us today at 702-722-6111 to explore your legal options in a free consultation.