Construction sites can be extremely dangerous places. As a result, many workers, passersby, and customers are seriously hurt or killed in construction site accidents each year in the United States. Many of these accidents resulting in injuries or deaths could have been prevented. According to the Occupational Safety & Health Administration (OSHA), more than 20% of all workplace deaths recorded in America happen within the construction industry.
Construction accident victims have a right under the law to full and fair financial compensation for harm suffered. But, how much is a construction injury case actually worth? In typical lawyerly fashion, the answer to that question is “it depends.” Indeed, there are several factors that go into the value of any personal injury case, not just those relating to construction accidents.
Types of Construction Accident Claims
It is important to clarify the type of construction accident case that you are pursuing. This depends on the type of accident that happened. Specifically, you may be filing a workers’ compensation claim, a personal injury claim, or both claims. The facts surrounding the accident will determine this decision.
If at the time of the construction accident you were not working, then this is a personal injury claim. If, on the other hand, your construction accident resulted in an on-the-job injury, then you have more options. Under Nevada law, an injured worker’s exclusive remedy against an employer is through the state’s workers’ compensation system. Workers’ compensation benefits are payable even if you were at-fault for the construction accident. There are specific regulations that you must follow, however, to perfect your workers’ compensation claim.
If you were hurt at a construction site in Nevada and the injuries suffered were the result of another’s negligence (not your employer), then you may also be able to recover additional monetary compensation through a personal injury claim against that third party.
In order to determine the value of your Nevada construction accident claim, the value of actual damages incurred must be calculated. Under Nevada law, damages in personal injury cases are designed to be compensatory — in other words, equal to a victim’s specific losses. For this reason, construction accident victims involved in a personal injury claim may be able to recover financial compensation for the following:
- Medical expenses and bills;
- Costs for rehabilitative care;
- Loss of past and future income;
- Disfigurement and/or scarring;
- Mental distress;
- Long-term physical or mental impairments;
- Pain and suffering; and
- Wrongful death losses.
Keep in mind that workers’ compensation claims are quite different from personal injury claims when it comes to a Nevada construction accident. Workers’ compensation claims may provide monetary compensation, or financial damages, for lost wages, reasonable and necessary medical care, and temporary and/or permanent disability. For this reason, if you are able to pursue a personal injury claim against a third party, it is usually best to do so. That being said, unlike workers’ compensation claims, in order to succeed in a personal injury lawsuit an injured victim must prove fault.
A significant factor that will affect the value of your Nevada construction accident settlement is whether or not you are represented by an experienced attorney. The skilled attorneys at H&P Law have years of experience inside and outside of the courtroom. Contact us today to schedule your initial case evaluation.