Construction sites are known for being extremely dangerous. Whether you are passing by or working in the construction industry, the potential for a serious injury is high in these environments.
Fortunately, if you suffer critical injuries or damages, working with a highly experienced Henderson construction accident lawyer from H&P Law gives you an opportunity to recoup your damages in full and make the liable party pay.
While you may not need to prove liability if you are hoping to collect worker’s compensation benefits, you may also need to pursue a personal injury claim depending on the circumstances of your case.
Not everyone will be eligible for both opportunities, which is why it is crucial to discuss the details of your construction accident with a top-rated Henderson personal injury lawyer. Contact our office 24/7 to request a free consultation today and find out how much your case could be worth.
Steps to Take Immediately After a Construction Accident in Henderson
If you were injured on a construction site, taking the right steps immediately after the accident can protect your health and your ability to recover compensation. Some of the most important steps you should take after a construction accident include:
- Seek medical attention immediately – Even if you do not feel seriously injured, some conditions, like internal bleeding or concussions, may not be immediately apparent.
- Report the accident to your employer or site supervisor – Informing your employer or the site manager ensures that the incident is officially recorded.
- Gather evidence at the scene – Take photos of the hazard that caused your injury, such as unsafe scaffolding, exposed wiring, or a lack of safety barriers.
- Avoid making statements to insurance companies – Anything you say to an insurance adjuster can be used to minimize your payout or deny your claim altogether.
- Consult a leading Henderson construction accident attorney – A reputable Henderson catastrophic injury lawyer can help you determine your legal options, whether through a workers’ compensation claim or a lawsuit against a negligent third party.
Taking these steps immediately after your accident ensures that key evidence is preserved and that you have the best chance of recovering full compensation for your injuries. Waiting too long could weaken your claim and make it harder to prove liability.
Certain Construction Trades Have Higher Injury Rates In Henderson
It may surprise you to learn that certain trades in the construction industry have higher injury rates than others. The construction world is one of the most dangerous places to work, according to the Occupational Safety and Health Administration (OSHA). Some of the most common construction trades that see the most injuries, according to the OSHA, include:
- Heavy equipment operators
- Manufacturing workers
- Power tool operators
- Duct and sewer construction workers
- High-rise construction workers
- Demolition jobs
Once our Henderson construction accident attorneys understand which types of construction workers are at an increased risk of injury, we can examine how their injuries occurred and potentially determine which steps we should take to reduce the number of injuries and deaths. Unfortunately, in some cases, these accidents are caused by the negligence of construction companies, construction site owners, and other third parties.
When this happens, if you are collecting workers’ compensation benefits, you may have the right to file a personal injury lawsuit against the liable party as long as that party is not your employer, according to NRS: Chapter 616C, with help from your dedicated construction accident attorney in Henderson.
Who Is Liable for a Construction Accident in Henderson?
Determining liability in a construction accident is complex because multiple parties may share responsibility. The nature of the accident and the role of each party involved will determine who is financially responsible for your injuries. Liability may fall on employers, contractors, property owners, or equipment manufacturers.
Construction Site Owners
Site owners are responsible for ensuring that their property is safe for workers, visitors, and bystanders. If hazardous conditions, such as unsafe scaffolding or poor maintenance, contributed to your accident, the site owner may be held liable.
Proving liability requires evidence showing that the owner was aware, or should have been aware, of the dangerous conditions but failed to address them.
General Contractors and Subcontractors
Contractors and subcontractors are responsible for enforcing safety regulations and maintaining a safe work environment. If they fail to provide proper training, enforce safety protocols, or address known hazards, they can be held accountable for workers’ injuries. Liability is often determined based on whether the contractor had control over the conditions that led to the accident.
Equipment Manufacturers
Defective equipment or machinery can lead to serious injuries on construction sites. If a tool, ladder, or piece of heavy machinery malfunctions due to a manufacturing defect, the company that designed or sold the product may be liable. Product liability claims require proof that the equipment was faulty and that the defect directly caused your injuries.
Third-Party Vendors and Suppliers
Many construction sites rely on outside vendors and suppliers to deliver materials or operate equipment. If a delivery truck driver or a third-party contractor acted negligently and caused an accident, they may be held responsible for damages.
Liability in these cases depends on whether their actions directly contributed to your injury and whether they were working under another company’s supervision.
Workers’ Compensation Benefits for Injured Construction Workers
If you were injured while working on a construction site, you may be entitled to workers’ compensation benefits. These benefits provide financial support for medical expenses and lost wages without requiring you to prove negligence.
However, workers’ compensation does not cover pain and suffering, and in some cases, additional legal action may be necessary to recover full compensation.
Medical Treatment and Rehabilitation Coverage
Workers’ compensation provides coverage for all necessary medical treatments related to your injury. This includes hospital visits, surgeries, physical therapy, and prescription medications required for recovery. If you are denied coverage for a necessary treatment, you have the right to challenge the decision and seek legal assistance.
Disability Benefits for Temporary or Permanent Injuries
If your injuries prevent you from returning to work, you may qualify for disability benefits. Temporary disability provides partial wage replacement while you recover, while permanent disability applies if you cannot return to your previous job. The amount you receive is based on your wages before the accident and the severity of your impairment.
Lost Wages and Vocational Rehabilitation
Workers’ compensation may reimburse a portion of your lost wages if you are unable to work due to your injury. If your injuries prevent you from returning to your previous job, you may also qualify for vocational rehabilitation to help you transition into a new line of work. These benefits are designed to ensure that injured workers can continue earning an income after a serious accident.
Death Benefits for Surviving Family Members
If a construction worker is fatally injured on the job, their surviving family members may be eligible for death benefits. Workers’ compensation provides financial assistance for funeral expenses and ongoing support for dependents. The amount of compensation available depends on the worker’s earnings before the accident and the number of dependents left behind.
Third-Party Negligence and Recovering Additional Damages
While workers’ compensation covers medical expenses and lost wages, it does not hold third parties accountable for their role in your accident. If someone other than your employer contributed to your injury, you may have the right to file a third-party negligence claim.
This allows you to recover damages that workers’ compensation does not cover. Examples of third-party negligence in construction accidents can include:
- A subcontractor failing to follow safety regulations, resulting in hazardous working conditions.
- A defective power tool or piece of equipment malfunctioning and causing an injury.
- A delivery truck striking a worker due to driver negligence on-site.
By filing a personal injury lawsuit against a negligent third party, you may be able to recover compensation for pain and suffering, emotional distress, and full lost wages, which are not included in workers’ compensation benefits. Third-party claims require extensive evidence, including expert testimony, workplace reports, and witness statements, to establish liability.
Common Types of Construction Accidents in Henderson
We need to understand how your construction accident occurred and whether you are going to be seeking workers’ compensation benefits or pursuing a personal injury lawsuit. This will help us identify the at-fault party. Some of the most common types of cases we handle include:
- Scaffolding accidents
- Crane accidents
- Hoist accidents
- Being struck by a falling object
- Falling from elevated heights
- Electric shock
- Crushing accidents
- Fires and explosions
- Repetitive stress injuries
- Gas leaks
- Trench and ground collapses caused by heavy machinery
- Equipment accidents
- Slip and fall accidents
- Exposure to toxic substances
These types of accidents often result in spinal cord damage, traumatic brain injuries, broken and fractured bones, paralysis, concussion, or even death. The type of construction accident that caused your injuries will help us determine whether general or subcontractors, construction site owners, architects or engineers, or even wholesalers share liability.
This way, you can be awarded the fair compensation you are entitled to, including lost income, medical expenses, pain and suffering, and lost quality of life, and collect worker’s compensation benefits where applicable.
Henderson Construction Accident FAQ
If you have any questions about how construction accident claims work, you may be inundated with information when you go online to look for answers.
At H&P Law, your Henderson construction accident lawyer aims to make the claims process as easy as possible for our clients. To that end, we have created a quick FAQ below that discusses some of the most common questions regarding construction accidents in Henderson:
Can I Sue if I am an Independent Contractor?
If you are considered an independent contractor, you will work on a 1099 instead of a W-2. Nevada employers are obligated to carry workers’ compensation benefits that extend to independent contractors in the construction industry per NRS § 616B.603.
However, according to the Workers’ Compensation Employer Guide, in other industries, you can only receive worker’s compensation benefits if you are an employee of the company, whether on a full-time, part-time, temporary, or seasonal basis.
However, you may also have additional legal options. As an independent contractor, you have the right to take legal action against negligent parties that caused your injuries or damages. This means you could sue the construction company, your colleagues, machinery manufacturers, or other liable parties.
What Factors Impact How Much Money Can I Get for My Construction Accident Damages?
Multiple factors could impact how much compensation you can receive for your construction accident damages. Recognizing these as we navigate the claims process can help us prepare accordingly. Here are some of the most common elements that could influence the outcome of your case:
- Whether the liable party has insurance coverage
- Your employee status
- The severity of your injuries
- How much income you lost
- Whether you were permanently disabled
- Whether you require continued or ongoing medical treatment
How Long Do I Have to File My Construction Accident Claim?
There are multiple statutes of limitations and deadlines you need to be aware of after being involved in a construction accident. According to the personal injury statute of limitations under NRS § 11.190, you only have two years from the accident date to file your lawsuit.
The State of Nevada states that workers’ compensation claims must be filed within 90 days of the incident. Additionally, according to the Nevada Department of Administration, you have up to 70 days to file an appeal if your claim for workers’ compensation benefits has been denied.
Turn to a Henderson Construction Accident Lawyer You Can Trust
Construction accident claims can be particularly complex. Some injury victims will be entitled to workers’ compensation benefits, while others will also have an opportunity to file personal injury lawsuits against third parties. While more complicated than other types of injury claims, construction accident cases often offer chances for injury victims to get justice and recover the compensation they deserve.
When you are ready to take control of your financial future but are unsure of where to begin, reach out to a reputable construction accident lawyer in Henderson with H&P Law. Our firm has spent decades advocating for construction accident victims’ rights and has successfully recovered millions for our clients.
Let us put our knowledge and experience to work for you and your family when you call our office or fill out our online contact form to schedule your free consultation today.
