Who will pay for my construction accident per Nevada law?
Over 2,000 workers are hurt in construction accidents in Nevada each year according to the Bureau of Labor Statistics. And 700 Nevadans will miss at least a day of work because of a construction accident this year.
If you are a construction worker who has suffered an on-the-job accident, Nevada law may entitle you to receive compensation for your injuries. Benefits can include money for your doctor bills and any necessary rehabilitation, as well as lost wages per Nevada injury law.
Our caring and experienced Las Vegas personal injury lawyers know how to get injured construction workers the compensation they deserve. We understand the need to settle your claim quickly, so you can support yourself and your family and get back to work.
Best of all, we don’t take a dime until you get paid. Contact our caring Las Vegas Nevada personal injury lawyers for a free consultation to find out how we can help you get the compensation you deserve.
How a Nevada personal injury lawyer can help
When you are injured at a construction site, it can be difficult to determine who is responsible. The short answer — it probably isn’t you. Our lawyers know when to file a lawsuit against your employer, the employer’s workers compensation insurer or the property owner or equipment manufacturer.
With so many possible sources of liability, it is easy to get the brushoff when you try to settle claims yourself. Our Las Vegas personal injury lawyers can cut through the red tape and get to the right party. We will investigate the accident thoroughly, then present a compelling case to the claims adjuster to help you get every dollar you are entitled to. Common construction site litigation that we assist with includes lawsuits for injuries caused by falling or defective ladders, lawsuits for injuries from defective scaffolding, and lawsuits for crane accidents.
It is best to talk to an experienced construction accident attorney in Clark County as soon as you can after your accident or injury. Nevada law imposes strict time limits on when a legal action can be commenced. By talking to a lawyer early, you leave yourself with the widest range of available legal options.
Independent contractors and construction accidents
Under Nevada construction accident law, the type of compensation that you will be eligible for as an injured worker depends on whether you are an employee or an independent contractor. Independent contractors get a 1099 instead of a W-2 when they begin employment. Construction sites often employ a range of independent contractors, and these contractors can sue any negligent party if they are hurt on the job. However independent contractors are not eligible to receive worker’s compensation.
Our Nevada personal injury lawyers can help you determine whether you were, in fact, an independent contractor. If so, we can help you show that someone else’s negligence caused your injury. And if someone intentionally or recklessly put you in a dangerous situation, we may even be able to help you get punitive damages.
Employees: worker’s compensation in Nevada
Liability works differently if you are an employee who is hurt on the job. All employers in Las Vegas and throughout Clark County are required to cover their employees with workers’ compensation insurance. An employee who is injured at a construction site is usually limited to coverage under Nevada workers’ compensation laws.
The workers’ compensation system is separate from the regular court system. Employees are not allowed to “take their employer to court” or sue the company they work for. Unsafe working conditions can be reported to OSHA … but there is no way to put your direct employer on trial for injuries sustained in a construction accident.
The workers’ compensation system is more simplified. Workers in Clark County can only be paid up to the maximum benefit allowed by workers’ compensation. But an advantage of the workers’ compensation system is that it compensates workers even if they were at fault for the accident. It also pays out more quickly than many other legal remedies.
If you are not sure whether you have a workers’ compensation claim or some other type of claim after a construction site injury, the Nevada personal injury lawyers at Las Vegas Defense Group, L.L.C., can help.
Employees: third-party claims
Many people who are hurt on the job find that workers’ compensation does not cover all of their injuries. However, workers’ compensation is considered an “exclusive remedy” by Nevada law. This means that you cannot sue your employer for an amount above and beyond what you collect in your workers’ compensation claim.
Workers are sometimes distressed to discover that their construction accident costs them much more than workers’ compensation is willing to pay. When this happens, it is important to contact an attorney in Clark County to discuss your options for filing a third party claim.
Third party claims involve establishing liability of some party other than the injured persons and their employer. In many cases, a competent Las Vegas attorney can help injured workers to determine other parties that may have been liable in part or in whole for their accident.
Injured at your Clark County construction job? Call us for help…
If you’ve been injured while doing construction in Clark County, we invite you to contact us for a free consultation. If your case is in California, please see our article on lawsuits for construction site injuries in California. For Colorado, see our page on legal claims for construction site accidents in Colorado.
Our Las Vegas construction accident attorneys have the experience with both worker’s compensation and negligence claims to get you the compensation you need when you need it.
Every personal injury case has a statute of limitations in Nevada, after which you lose your right to sue. Be sure to contact us well before this deadline passes.
To speak to one of our Nevada personal injury lawyers, simply fill out the form below or call us to schedule your no obligation, completely free consultation.