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 our 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 construction accidents 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. We can thoroughly investigate your 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.
If you are recovering from a serious construction accident, you will need all the benefits and compensation available to you. Contact The Janda Law Firm as soon as you can to schedule a consultation with our experienced Las Vegas construction accident lawyer. We can tell you if you have a third-party case, and what damages you may be entitled to claim.