Despite OSHA safety standards, construction remains one of the most hazardous occupations. A large percentage of fatal workplace accidents occur in the construction industry. If you have been seriously injured in a construction accident, workers’ comp may not be your only source of compensation. Contact The Janda Law Firm today to speak with a Las Vegas construction accident lawyer and find out about your options under the law.
The Occupational Health and Safety Administration (OSHA) has released data and statistics regarding worker injuries and fatalities in a recent year. Out of 4,674 private industry worker fatalities, 971 (20.7%) occurred in construction. One in five worker deaths were in the construction industry. Excluding highway collisions, the leading causes of construction worker fatalities (known as OSHA’s “Fatal Four”) were:
(The caught-in-between category refers to fatal accidents in which workers were caught in or compressed by objects or equipment, or struck, caught, or crushed in collapsing structures, equipment, or material.)
Many construction accidents can be attributed to some type of negligence, which may involve lack of protective safeguards, improper use of equipment or tools, or unsafe construction site conditions. The construction safety standards most frequently cited by OSHA in a recent year concerned:
If you are an employee hurt on the job in a construction accident, you should be entitled to workers’ compensation benefits. Nevada employers are required to carry workers’ comp insurance. Under the workers’ compensation system, employees are not allowed to sue their employers for injuries sustained in a workplace accident. You are entitled to workers’ comp benefits whether or not you were at fault for the accident.
However, workers seriously injured in a construction accident may find that workers’ comp benefits are not enough to fully cover their injuries. Their medical expenses and lost wages may be far more than workers’ compensation benefits cover.
If liability can be established for a party other than your employer or a co-employee, you may have a third-party claim for compensation. Establishing liability consists of showing that your injuries were caused by the third party’s negligence. Potentially liable third parties may include:
Large corporations and insurance companies have teams of lawyers that will work to avoid paying your claim. They may try to assign fault for the accident to you, delay in resolving your claim, or pressure you to accept a low settlement offer. Our personal injury lawyers can thoroughly investigate your construction accident, determine fault and liability, collect and preserve evidence, negotiate with insurance companies on your behalf, and fight for the compensation you deserve in court, if necessary.
After a construction accident in Las Vegas, it can be challenging to determine what compensation is available to you. First, we have to determine whether or not your case will involve a workers’ compensation claim or a lawsuit filed against a third party.
If you file a successful third-party personal injury lawsuit, then both economic and non-economic damages become available. These damages aim to compensate for the financial, emotional, and personal losses caused by the construction accident. While it will vary depending on the circumstances, some common types of damages may include:
The specific damages available in a construction accident claim depend on the circumstances and the applicable laws. An experienced Las Vegas construction accident lawyer can assess the claim, determine the appropriate damages to seek and advocate for fair compensation on behalf of the injured victim.
If you were seriously injured on a construction site, you will need all the benefits and compensation available to you so you can focus on your healing. Contact The Janda Law Firm as soon as you can to schedule a consultation with our experienced Las Vegas construction accident lawyers. We can tell you if you have a third-party case, and what damages you may be entitled to claim. Call or fill out our online form today for a free case evaluation and to figure out your legal options today.
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