Is there a Nevada construction injury statute?

Posted on August 3, 2022

Nevada Revised Statute chapters 616A – 616C outline how injured workers – such as construction workers – can pursue money damages and other benefits through their employers’ workers’ compensation insurance.

Meanwhile, Nevada Revised Statute 41.141 provides how injury victims – such as pedestrians harmed by a construction accident – can recover money from the construction company minus any damages attributable to the victim’s own fault (such as by walking too close to the construction zone).

Finally, Nevada Revised Statute chapter 40 outlines how residential homeowners can sue contractors for “construction defects” if their shoddy workmanship creates “an unreasonable risk of injury to a person” – even if no one actually gets hurt.

What recourse do injured construction workers have?

In Nevada, construction workers are generally considered employees and not independent contractors. Therefore, filing for workers’ comp is often their only avenue for monetary relief.

Workers’ comp should be available to construction workers suffering from any work-related injuries, including:

• catastrophic injuries, such as from falling from a ladder or scaffolding; or
• occupational injuries, such as from doing repetitive physical movements over long periods of time.

Depending on the specifics of the worker’s injury, workers’ comp insurers can provide the following benefits:

• medical treatment;
• temporary total disability (TTD) or temporary partial disability;
• permanent total disability or permanent partial disability (PPD);
• vocational rehabilitation (retraining);
• mileage reimbursement and/or
• death benefits.

But in order to get these benefits, injured workers must be diligent about filing all the required paperwork within the prescribed time limits as outlined in NRS chapters 616A – 616C.

Note that all Nevada employers are required to carry workers’ compensation insurance. If the employer is uninsured, an injured construction worker can file a claim for compensation with the Division of Industrial Relations or sue the employer.¹

What happens when non-workers are injured at a construction site?

Construction companies are usually diligent about cordoning off work zones so that any nearby pedestrians, drivers, or residents remain unaffected. But occasionally falling debris, toxic fumes, or other hazards befall people unrelated to the work site.

In these instances, the victim could sue the construction company for negligence. But under NRS 41.141 (Nevada’s modified comparative negligence law), accident victims can recover damages only if they were 50% or less to blame.

Example: A jogger deliberately ignores posted signs and takes a shortcut through a construction zone. While inside the zone, a paint can falls on the jogger’s head. The jogger sues the construction company for the resulting head injuries. The construction company says that the jogger was to blame because he knowingly entered a work zone and without a hard hat.
If the court finds that the jogger was more than 50% at fault, then he would get nothing. But if the court finds that the jogger was 50% or less at fault, the jogger would receive some damages in proportion to his fault. So if the court finds that the jogger sustained $100,000 in damages and was only 25% at fault, then the jogger would receive $75,000 (the total damages minus 25%).

Note that there are many possible defendants in construction injury lawsuits, such as:

• the construction company
• individual workers
• the companies that own the construction equipment involved in the accident
• the companies that maintained the construction equipment involved in the accident
• any individual contractors, subcontractors, etc. involved in the accident

If successful, injury victims may be able to recover money for their medical bills, lost wages, loss of future earnings, and pain and suffering.

Note the statute of limitations to bring negligence causes of action is typically two years after the accident.²

Learn more about bringing a construction injury lawsuit.

Can I sue for construction defect?

Residential property owners in Nevada can sue the residential construction companies, design professionals, landscaping companies, etc. that worked on their homes even if no one gets injured. Claimants just have to show that the alleged construction defect creates “an unreasonable risk of injury to a person.” Ultimately, the construction company may have to pay:

• The reasonable cost of any repairs already made that were necessary to cure any constructional defect that the contractor failed to cure;
• The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure;
• The loss of the use of all or any part of the residence;
• The reasonable value of any other property damaged by the constructional defect;
• Any additional costs reasonably incurred by the claimant; and
• Any interest provided by statute.

Reasonable attorney’s fees and expert fees are not automatically recoverable in construction defect litigation.

Note that Nevada’s construction defect laws require claimants to notify contractors prior to beginning litigation. This notice must include reasonable details of each alleged defect to each residence or appurtenance.

Also, note that Nevada law has a ten-year statute of repose. This means that real property owners/HOAs have ten years after “substantial completion of the improvement [work done]” to bring a construction defect claim. But if the builder allegedly engaged in fraud, the statute or repose tolls forever, and a lawsuit can be brought at any time.

Finally, note that HOAs (homeowners associations) may not pursue a constructional defect lawsuit on behalf of itself or homeowners unless it pertains to:

• the common elements of the association; or
• any portion of the common interest community that the HOA owns or has an obligation to maintain.³

 

Have you been injured in an accident? Contact our Las Vegas, NV personal injury attorneys for legal advice. Our law firm is available 24/7. And our law offices serve clients throughout the state of Nevada.

See our related articles on wrongful death, product liability and medical malpractice.

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