Can I file a lawsuit for a construction accident? You can file a construction accident lawsuit if you were hurt due to the negligence of another person.
You may be able to file a lawsuit if you were hurt in a third-party accident, but there are limits on the actions you can take against your employer. Consult with a Las Vegas construction accident lawyer about your case today.
You Were Hurt on a Construction Site
Those who suffered injuries while visiting a construction site, where they have a legal right to be, can file a lawsuit for the losses incurred if the property owner or construction company is proven negligent.
There are various reasons these types of accidents happen, including:
- Falling objects while walking through a construction site
- Slips and falls in areas meant to be walkways
- Falls from heights, if loose steps, railings, or other structures are unsafe
- Equipment and vehicle accidents resulting from being struck or trapped
- Poor visibility or conditions due to the construction company’s work
To seek compensation for your losses in these situations, you must show you have the right to be on the property. If you were trespassing in a restricted or barricaded area, it may be harder to prove that the other party was negligent.
Additionally, you will need to demonstrate that the construction company or property owner should have known or known of a risk and failed to take appropriate action when you file a lawsuit for a construction accident.
You Were Hurt By a Third Party on a Worksite
Another time you can file a lawsuit in a construction accident is when you are hurt at work while performing your job due to another party’s negligence.
If a third-party, such as a contractor at the jobsite, caused your injuries and was found negligent, you can seek compensation for your losses from those parties. Some examples of when this may be applicable to your situation include:
- An electrical contractor on the jobsite creates a hazard that causes your injuries
- A company making a delivery to the jobsite causes your injuries
- A product or piece of equipment used on the job malfunctions or is otherwise defective, leading to your injuries
In these situations, you must show that the other party owed you a duty of care and that they violated it in some way, causing an accident that led to your injuries.
Third-party liability like this only applies when a party other than your employer contributes to or causes the accident. This could include a contractor or subcontractor on the job site. A Las Vegas premises liability lawyer can assist with your claim.
The Property Owner Causes the Accident
If you are hurt while working on a construction site, and the injury is due to the property owner, you may be able to seek a claim against the other’s liability insurance for the losses you incurred.
Proving the owner caused the injury can be challenging, but if you can show that the owner knew of the risk and failed to warn about it, or should have known of the risk, then you may be able to seek compensation for your losses.
Some examples of when this may be applicable include:
- The owner is aware of an electrical line on the property but fails to report it, resulting in your injury.
- You fell through the roof of the property because the owner failed to warn about the risks to the structure.
- The owner of the property or project creates an unsafe condition in some way, such as violating protected work zones or tampering with equipment.
The owner of the property has the duty to provide you with any information they have to demonstrate what risks exist on the construction site. In some cases, they may not be aware of these risks, but in others, they fully recognize them and must take action to warn or prevent the hazard from impacting you and your health. Speak with a lawyer today about filing a construction accident lawsuit.
You Can File a Workers’ Compensation Claim
If you are hurt on a construction site as an employee working and your employer caused the accident, you cannot file a lawsuit. For example, under Nevada’s workers’ compensation laws, workers’ compensation is a no–fault insurance program that covers costs associated with your injuries or illness, including lost time at work and medical expenses. However, you cannot file a lawsuit against your employer.
Workers’ compensation may cover your medical expenses, temporary disability up to two-thirds of the average monthly wages you were earning, and permanent disability. This coverage protection comes at a cost of not being able to sue your employer. However, the law does not allow you to recover any type of non-economic damages, such as pain and suffering.
If you are hurt at work and you believe that your employer is acting in a particularly reckless manner or intentionally allowed you to suffer an injury, seek the guidance of a workers’ compensation lawyer before you file a claim.
If your claim was denied for any reason, and you were hurt on the job, it may also be critical to speak to an attorney working solely for you about your rights. Your employer must allow you to file a claim when you are hurt on the job.
There Are Limitations to Filing a Claim
In some situations, it can be unclear who is responsible for your injuries and losses. This is when it helps to speak to a construction site accident lawyer who can look over the details of your claim and determine who might be responsible.
Your lawyer will be objective, factoring in all parties who may be responsible and calculating your losses fairly. In some situations, proving another party is at fault rather than your employer would lead to a more substantial recovery.
Once you file a claim, it may be hard to take any additional action. That is why acting now could be critical. Contact an experienced and compassionate Las Vegas personal injury lawyer about your construction accident today.
Schedule a Free Consultation with a Construction Accident Attorney Today
Before you settle, set up a free consultation. You’ll have a better idea of what your rights are. Most construction accident lawyers offer a free consultation that could provide insight into your rights. H&P Law is ready to help you.
