How Construction Workers Can Protect Their Rights After an Accident in Nevada

Introduction

Every year, construction site accidents leave thousands of construction workers with serious injuries, mounting medical bills, and lost wages. For Nevada construction workers, knowing how to protect your rights after an accident is essential to ensure fair compensation. Whether you’re dealing with workers’ compensation claims, personal injury lawsuits, or claims against third parties, there are steps you must take to preserve your right to compensation. This guide explains how injured construction workers can safeguard their rights, navigate the legal system, and secure the support they need after a construction accident.

1. Seek Immediate Medical Attention

The first and most important step for any injured construction worker is to seek medical attention as soon as the accident happens. Prompt medical treatment is essential for two reasons:

• Health and Safety: Immediate care reduces the risk of complications from injuries like broken bones, severe injuries, or internal bleeding.
• Legal Documentation: Medical records serve as crucial evidence in workers’ compensation claims, personal injury lawsuits, and any other legal action. These records establish the nature, extent, and cause of the injuries.

Waiting too long to see a doctor can jeopardize your ability to file a successful claim. Workers’ compensation insurers may argue that the injuries were not related to the construction site accident if there is a delay in seeking treatment.

2. Report the Accident to Your Employer

Nevada construction workers should report construction site accidents to their employer within seven days of the accident. Failing to do so could result in the loss of eligibility for workers’ compensation benefits, or harm your civil lawsuit.

Your report should include details such as:

• When and where the accident happened.
• The specific circumstances surrounding the incident.
• Names of witnesses or other workers who were present.

Properly documenting the incident protects your right to claim workers’ compensation benefits and ensures there is an official record of what occurred.

3. Understand Your Right to Workers’ Compensation

Workers’ compensation is a no-fault system, which means injured construction workers can receive benefits without having to prove that the construction company or another party was negligent. In Nevada, workers’ compensation benefits typically cover:

• Medical treatment for your injuries.
• Lost wages for missed time from work.
• Rehabilitation costs if physical therapy is required.

However, these benefits do not cover pain and suffering. If another party, like equipment manufacturers or property owners, contributed to your injuries, you may be able to file a personal injury lawsuit to seek additional compensation for pain and suffering.

4. Document the Accident and Gather Evidence

Evidence is key to any construction accident case. Injured construction workers should gather as much evidence as possible, especially if they believe third-party negligence played a role. Evidence to collect includes:

• Photographs of the construction site, hazardous working conditions, and any defective construction equipment.
• Witness statements from other workers and on-site personnel.
• Medical records documenting your diagnosis and treatment.

A comprehensive investigation of the construction site accident can uncover evidence that points to other responsible parties, such as construction equipment defects, inadequate training, or unsafe environmental factors.

5. Identify All Responsible Parties

Multiple parties may bear responsibility for a construction site accident. While workers’ compensation provides benefits regardless of fault, pursuing a personal injury claim requires proving negligence. Possible responsible parties include:

• Construction companies that fail to ensure proper training and safety equipment.
• Property owners who allow hazardous working conditions on their property.
• Equipment manufacturers if faulty construction equipment, power tools, or safety devices caused the injury.

If multiple parties are involved, you may be able to seek compensation beyond workers’ compensation, covering pain and suffering, diminished quality of life, and other losses not covered by workers’ comp.

6. File a Workers’ Compensation Claim

To receive workers’ compensation benefits, injured workers must file a workers’ compensation claim with their employer’s insurance provider. The process can be overwhelming, especially while recovering from serious injuries. Missing deadlines or submitting incomplete paperwork could delay your benefits.

An experienced construction accident lawyer can guide you through the process, ensuring you receive benefits for medical expenses, rehabilitation costs, and wage replacement. If your claim is denied, a lawyer can represent you in appeals and hearings before the Nevada Division of Industrial Relations.

7. Know Your Right to File a Personal Injury Lawsuit

While workers’ compensation prevents employees from suing their employer, injured construction workers may be able to file a personal injury lawsuit against third parties. This is often necessary when a construction equipment malfunction or the negligence of property owners contributes to the injury. Unlike workers’ compensation, a personal injury lawsuit allows workers to seek compensation for:

• Pain and suffering.
• Lost wages and lost income.
• Burial costs and death benefits (in fatal construction site accidents).

If the accident happened due to faulty safety equipment or construction equipment, the equipment manufacturer may be held liable. A construction accident lawyer can investigate the circumstances surrounding the accident to determine if you have grounds for a lawsuit.

8. Protect Undocumented Immigrant Workers

In Nevada, undocumented immigrants have the same right to file for workers’ compensation as U.S. citizens. Employers cannot use a worker’s immigration status as an excuse to deny benefits. If an undocumented worker is injured on the job, they should still report the incident, seek medical attention, and file a claim.

9. Consult a Construction Accident Lawyer

Navigating the legal system alone can be overwhelming. An experienced construction accident lawyer can help you understand your rights, file claims correctly, and pursue compensation beyond workers’ compensation. Most law firms offer a free consultation, giving you a risk-free opportunity to learn about your legal options.

A lawyer will:

• Conduct a comprehensive investigation of the accident.
• Identify responsible parties and possible third-party claims.
• Handle filing claims for workers’ comp, personal injury, or wrongful death.

If you’re unsure about your legal rights, a free consultation with a construction accident lawyer can provide the clarity you need.

Frequently Asked Questions (FAQ)

1. What should I do if I’m injured in a construction site accident?

• Seek medical attention.
• Report the accident to your employer.
• File a workers’ compensation claim within the required deadline.
• Contact a construction accident lawyer to protect your rights.

2. Can I sue my employer if I’m injured at a construction site?
In most cases, no. Workers’ compensation laws protect employers from being sued by their employees. However, you may be able to file a personal injury lawsuit against a third party, like a property owner or equipment manufacturer, if their negligence caused your injuries.

3. How long do I have to file a workers’ compensation claim in Nevada?
You have seven days to report the accident to your employer and 90 days to file a formal claim for workers’ compensation benefits.

4. What types of compensation can I receive after a construction site accident?
In a workers’ compensation claim, you can receive benefits for:

• Medical expenses and treatment.
• Lost wages during your recovery.
• Rehabilitation costs for physical therapy.

If you file a personal injury lawsuit, you may also receive compensation for:

• Pain and suffering.
• Permanent disability.
• Punitive damages (if a party’s actions were especially reckless).

5. Can undocumented immigrants receive workers’ compensation in Nevada?
Yes. Nevada law allows undocumented workers to receive workers’ compensation, and employers cannot use immigration status to deny benefits.

Take the Next Step to Protect Your Rights

If you’ve been injured on a construction site in Nevada, don’t wait to protect your rights. Contact a law firm that represents clients in construction accident cases to get help with workers’ comp, personal injury lawsuits, and claims for additional compensation. A construction accident lawyer can ensure you receive all the benefits and compensation you’re entitled to. Schedule a free consultation today and take the first step toward protecting your rights.