Nearly 6.5 million people work at approximately 252,000 construction sites across the United States on any given day, according to the Occupational Safety and Health Administration (OSHA). Construction workers have the highest risk of injury than any other profession and accidents due to site negligence account for over 5.2 million injuries each year and 16 deaths each day nationwide. Thousands of construction site injuries occur in Las Vegas and across Nevada each year, making it imperative that you contact an experienced Las Vegas construction site injury lawyer if you or a loved one have been injured in the area.
Nevada Construction Site Accident Resources:
- What are the most common injuries in a construction site accident?
- What are the most common causes in a construction site accident?
- Does my construction site accident fall under worker compensation laws?
- What type of compensation can I recover for my Nevada construction site injuries?
- How do I prove employer negligence in a construction site accident?
- What are the different types of construction site accident claims?
- When should I contact a Nevada construction site accident attorney?
Most Common Types of Construction Site Injuries in Las Vegas
Accidents on a construction site are often serious and extreme. With a large number of projects happening at the same time that include live wires, high scaffolding, and heavy machinery, many of the accidents that occur on a construction site leave the victim permanently disabled. The financial burden of medical costs, the lost ability to earn a living, along with the impact of permanent disabilities leaves the individual and family struggling. Some of the most common types of injuries associated with construction site accidents are:
- Lacerations or bruising
- Hearing or vision loss
- Broken bones
- Spinal cord injuries
- Loss of limb
- Loss of life
Most Common Cause of Las Vegas Construction Site Accidents
Not all construction site injuries are fatal but often lead to permanent disabilities. A large percentage of construction accidents are the result of safety violations required by OSHA. According to the US Department of Labor, the most common fatal injuries sustained on construction sites, called the “fatal four,” are as follows:
Nevada Worker Compensation Laws in Construction Site Accidents
The State of Nevada Department of Industrial Relations requires all Nevada businesses to carry workers’ compensation insurance to protect employees who are hurt at work. If you are injured on the job, you are protected by the Nevada laws and may have a legal claim. In addition to providing a safe working environment for all employees, employers are responsible for:
- Displaying workers’ compensation insurance coverage information
- Supplying first aid treatment to injured workers
- Providing all necessary paperwork to file an injury report and workers’ compensation claim
- Sharing all medical provider options with injured employees
- Completing the Employer’s Report of Injury or Occupational Disease
Types of Workers’ Compensation Recovered for Construction Site Injuries
If your injury or illness requires medical treatment, you may be eligible for compensation for medical treatment. Trying to recover from an on-the-job injury can be a long and expensive road. Check your workers’ compensation insurance coverage information and benefits through your employer. Through workers’ compensation and the help of our Las Vegas construction site injury attorney, you may be entitled to the following:
- Lost wages
- Medical expenses (can include travel/mileage)
- Rehabilitation costs
- Vocational Rehabilitation
The amount of compensation you receive for missed time from work is based on the severity of your injuries and your ability to return work. If you qualify for benefits, you could be entitled to compensation for:
- Temporary Total Disability(TTD): Unable to work five consecutive days or five total days in a 20-day work week
- Temporary Partial Disability(TPD): If the wage you receive when you return to work is less than the TTD amount you’re receiving, TPD will make up the difference
- Permanent Partial Disability(PPD): If you’ve suffered a permanent loss of function in a body part that hinders your ability to work
- Permanent Total Disability(PTD): If your condition is permanent and you’re unable to return to work
How to Prove Employer Negligence in a Construction Site Accident
Not all construction site accidents are grounds for a lawsuit. Before you settle for a workers’ compensation claim, consider whether negligence played a role in your construction accident. An unsafe property condition, defective product, careless employer, or other factors may have contributed to the incident. If this is the case, you could recover more money in a lawsuit than a workers’ comp claim – or you could qualify for both. A conversation with a construction site injury lawyer could make all the difference to your future.
- Negligent employer. The Occupational Safety and Health Administration (OSHA) has standards in place to improve the safety of construction workers. Employers are responsible for obeying these rules. A breach of duty, such as failure to supply adequate safety gear or training is negligence.
- Product manufacturing company. If a defect in a piece of equipment caused you or a loved one’s injuries, you may have a product liability claim against the manufacturer, distributor, or supplier.
- Third-party. Someone such as a third-party contractor on the site, motor vehicle driver, property owner, or a coworker may be responsible for your accident.
Workers’ Compensation Claim in a Construction Site Accident
When you’ve suffered a work-related injury or illness, it’s your responsibility to inform your employer of the incident. Construction site employers are required to carry workers’ compensation insurance for their employees in order to provide relief in case of accident, injury, and illness caused at work. Employees do not have to prove fault in a workers’ compensation claim but do have to demonstrate how the injury or illness occurred.
In Nevada, a workers’ compensation claim begins when a C-4 form is sent to your employer’s insurance company after you visit a medical provider for treatment of your work injury for the first time. You are not able to start or file your workers’ compensation claim until the C4 form is completed, signed by your medical provider, and sent to both your employer and their insurance company. It’s very important that you keep a record for yourself.
According to NRS 616C.020, you must complete the C-4 within 90 days from the date of your injuries or of the date you first noticed the onset of illness. A late filing could result in your statutes of limitations expiring and your compensation being denied. An experienced Las Vegas workers’ compensation attorney can help ensure your claim is complete and accurate to increase the possibility that you will receive the maximum compensation you need. An injury attorney can also help you file an appeal if your claim has been denied.
Personal Injury Claim in Construction Site Accidents
Because employers are required to provide workers’ compensation, workers cannot file personal injury lawsuits against their employers for their injuries. A third-party lawsuit can be filed in certain cases in which a construction worker was seriously injured if they can prove the third party directly cause the injury. Third-party claims can be filed at the same time as the workers’ compensation claims. Some of the types of cases that may have this option include:
- A worker has been in a vehicle accident while performing work-related duties.
- A worker was injured by faulty equipment.
- A contractor who violated OSHA safety standards, putting the health and safety of workers at risk.
- An injury was sustained due to incorrect, unsafe installation of electrical power to the site.
- Scaffolding not constructed correctly.
- Toxic exposure.
- Unsafe stairwells, uneven flooring, or other safety violation.
Wrongful Death Claim in Construction Site Accidents
Construction accidents are extremely dangerous and often result in the victim’s death. According to OSHA, out of 4,693 worker fatalities in the private sector in 2016, 991 or 21.1% were in construction. If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death claim seeking additional compensation. In Nevada, a wrongful death suit can only be filed by the deceased’s surviving spouse, domestic partner, children, and parents. Other individuals may be able to file a wrongful death suit if they can prove they were dependent on the deceased at the time of his or her death.
There is a two-year statute of limitations in Nevada for filing wrongful death and personal injury case. A Las Vegas injury attorney can assist you in the process and legal steps necessary to make your claim.
Get a Free Consultation from a Las Vegas Construction Site Accident Lawyer
Many workers injured in a construction accident don’t realize that there is potential for filing a lawsuit outside of a workers’ compensation claim. Whatever your case may entail, talking to an experienced Las Vegas construction site accident attorney at J. Cogburn Law could help you better understand your options. Our legal team is dedicated to getting you the results and compensation you deserve in every situation.