Construction Accidents
Las Vegas Construction Accidents Attorneys
Legal Options for Victims of Construction Accidents in Nevada
At Bertoldo Carter Smith & Cullen, our Las Vegas construction accident attorneys provide reliable legal representation for the hard-working members of our community. If you have been hurt on a construction site, we can help you fight to recover the lost wages, medical expenses, and overall financial compensation you need to move forward.
Since 1985, we have been committed to providing the highest level of client service; everything we do is done with our clients in mind. We know this is a stressful, overwhelming time for you and your family, so we do everything possible to make the process easier. We offer free initial consultations where you can speak directly to a construction accident attorney about your situation. Should you choose to work with our team, you do not owe any attorneys’ fees unless we win your case.
Due to the nature of the work involved, construction sites are inherently hazardous. Workers are often exposed to risky environments with heavy machinery, high elevations, and hazardous materials, making safety protocols essential. Despite the best measures, accidents can and do happen. Understanding your legal rights and the potential avenues for compensation is crucial for recovery and ensuring future safety improvements.
Common Types of Construction Accidents
According to the U.S. Department of Labor and its Occupational Safety and Health Administration (OSHA), the most common types of construction accidents are:
- Falls
- Being struck by an object
- Electrocutions
- Stuck, caught, and crushed in or -between collapsing structures, materials, or equipment
Understanding the causes of these accidents can help in prevention and legal proceedings. Falls often result from inadequate safety harnessing, while being struck by an object may occur due to unsecured tools or materials. Electrocutions highlight the critical need for proper insulation and awareness around power lines. The ‘caught-in/between’ incidents typically involve machinery malfunctioning or improper equipment use. Each type of accident can often be traced back to lapses in safety protocols or insufficient training, underlying the importance of compliance with OSHA regulations.
In Nevada, local conditions such as high temperatures and desert environments also play a significant role in accidents, with heat stress being a considerable risk for construction workers. Employers must implement rigorous safety practices to mitigate these risks, including regular safety training, health monitoring, and adequate rest periods. Adapting to local weather conditions is essential for minimizing accidents and ensuring worker safety.
Other types of construction accidents can include:
- Fires and explosions
- Overexertion
- Hit by vehicle
- Machinery accidents
- Workplace violence
Fire and explosion risks arise from flammable materials and inadequate handling of chemicals, often exacerbated by a lack of proper storage and safety checks. Overexertion highlights the demand for sufficient break times and ergonomic practices. Incidents involving vehicles usually occur in areas lacking explicit signaling, while machinery accidents often result from poor maintenance routines. Awareness and implementation of safety protocols can mitigate such risks effectively, highlighting the role of diligent on-site management.
Common Construction Accident Injuries
- Sprains, strains, and tears
- Cuts and lacerations
- Bone fractures and breaks
- Burns and scarring
- Head injuries, including traumatic brain injury
- Neck and spine injuries
- Limb and digit loss
- Respiratory problems
- Stress and repetitive motion injuries
- Vision trouble
- Loss of hearing
Do Nevada’s Workers’ Compensation Laws Cover Construction Accident Injuries?
The State of Nevada’s Department of Industrial Relations requires all Nevada businesses to carry workers’ compensation insurance to protect employees who are hurt at work. If you are injured on the job, you are protected by Nevada laws and may have a legal claim. You may be entitled to workers’ compensation benefits if you were injured while working on a construction site. To file a workers’ compensation claim, you do not need to show that anyone, including your employer, was negligent. However, you waive your right to sue your employer in exchange for seeking workers’ compensation benefits. Workers’ compensation does NOT cover intangible losses like pain and suffering. If you wish to seek compensation for such damages, you must file a work injury or third-party injury claim.
Every construction site accident is unique. Nevada’s workers’ compensation laws are designed to provide a safety net for injured workers, ensuring they receive proper medical care and a portion of their lost wages. Understanding these laws can simplify your recovery process. Priority is given to the injured worker’s health, allowing immediate medical care without the burden of proving fault. Nonetheless, navigating workers’ compensation can be complex, especially when disputes over benefits or medical treatment arise. Legal guidance is often crucial in these cases to ensure fair compensation and navigate the nuances of Nevada’s compensation laws.
Getting hurt at work can be a complicated recovery process. Workers’ compensation is designed to help employees recover compensation for:
- Lost wages
- Medical treatment, including appointments, surgeries, prescriptions, and medical equipment
- Physical therapy and rehabilitation services
- Temporary or permanent disability
- Partial or full disability
- Vocational rehabilitation
- Contractors and subcontractors are required to carry workers’ compensation insurance that will cover your injuries. However, you must use your employer’s approved medical providers list when seeking care.
Our Las Vegas construction accident attorneys have decades of experience representing both sides and are now fully dedicated to protecting workers from the insurance company’s interests. This means we can help you work to get the best care available—without the opposition hindering your recovery. Talk to our experienced construction accident attorney today to learn more about how we can help you.
Do I Need a Construction Accident Attorney?
You are not technically required to hire a construction accident attorney after a construction accident or any workplace event that causes you injury. However, hiring an attorney has several benefits. Taking on large insurance companies and their legal representatives is exhausting and confusing and can even extend the time you need to heal. The paperwork, court hearings, medical responsibilities, and bureaucratic red tape can take years to overcome.
We can pursue solutions quickly and effectively while you take the time you need to heal. Having an attorney on your side lets the insurance company and their attorneys know you are serious about your recovery; our team can often negotiate a better settlement than you would have received without legal representation. And, if necessary, we can litigate your case at trial.
Representation by a construction accident attorney levels the playing field, ensuring you receive fair treatment and consideration. Without this, insurance companies may attempt to minimize payouts or disregard lesser-known but impactful injuries. Legal counsel manages these complexities and advocates for comprehensive compensation that reflects the extent of your injuries and losses. Protecting your rights from the outset can profoundly impact the overall outcome of your case.
Wrongful Death Claims for Fatal Construction Accidents
Construction is a dangerous industry, and loss of life is not uncommon. OSHA reports that out of 4,693 worker fatalities in private industry (construction, manufacturing, wholesale, and retail) last year, 991 or 21.1% were in construction. Simply put, the construction industry was responsible for one in five worker deaths last year alone.
When this happens to someone you love, a wrongful death lawsuit can be filed against the negligent party that caused their death. Additionally, certain surviving family members can recover death benefits by filing a workers’ compensation claim on behalf of their loved one. Our attorneys can help you determine the best course of action and pursue the justice and recovery you deserve.
Fatal construction accidents require sensitive handling and swift legal action to ensure families receive the support they need. Legal cases involving such incidents focus on uncovering negligence or lapses in safety standards that led to the tragic outcome. Comprehensive investigations are critical, capturing all liable parties and creating a robust foundation for a claim. Additionally, special attention is given to securing financial stability for surviving family members by navigating the intricate combination of wrongful death claims and applicable insurance benefits.
How Bertoldo Carter Smith & Cullen Can Help
Construction accident injuries can happen in the blink of an eye, leaving you and your family reeling from the outcome. At Bertoldo Carter Smith & Cullen, our Las Vegas construction accident attorneys can provide the compassionate, attentive legal representation you need, focusing our efforts on pursuing a financial recovery settlement that will help you heal fully.
When you work with us, we will take the lead in:
- Handling all communication with the other involved parties, including at-fault individuals, insurance companies, employers, and opposing legal counsel
- Investigating the construction site, as well as the parties responsible for unlawful, negligent, or hazardous involvement
- Aggressively challenging any unfair and/or unacceptable settlement offers and negotiating with the liable insurance company and their legal representatives.
- Assisting you in finding adequate medical treatment so you can focus on your continued health and well-being moving forward
Our commitment to excellence ensures that every aspect of your situation is addressed with precision and dedication. We take pride in demystifying legal procedures for our clients, enabling you to feel empowered during this challenging time. Our proactive approach is designed to alleviate your burdens, allowing you to focus on recovery while we handle intricate legal complexities. By choosing our firm, you’re opting for a partner invested in your future and well-being as we strive for resolutions that bring peace of mind and financial security.
Reach out to Bertoldo Carter Smith & Cullen today for a free consultation. Our friendly legal staff will provide all the information you need to make an informed decision regarding your next steps. Our services are provided on a contingency basis, which means if we do not win, you do not pay!
Nevada Construction Safety Regulations
In Las Vegas, compliance with Nevada construction safety regulations is critical to reducing the risk of accidents and ensuring workplace safety. Nevada Occupational Safety and Health Administration (Nevada OSHA) is responsible for enforcing these safety standards and conducts regular inspections to verify compliance. Key regulations focus on fall protection, scaffolding safety, and using personal protective equipment (PPE) correctly. Employers must conduct regular training and safety drills to prepare workers for emergencies and encourage using safety equipment as prescribed by law. These precautions are crucial to maintaining a safe construction environment.
Las Vegas’s rapidly evolving skyline makes adherence to safety regulations even more pertinent. Unique weather conditions, such as strong winds and high temperatures, require specialized safety plans to anticipate and mitigate risks inherent to the region. Employers must incorporate weather monitoring and adequate mitigation strategies into their safety policies. Additionally, interaction with heavy machinery demands strict adherence to operational guidelines to prevent machinery-related accidents. By understanding these regulations, workers can advocate for a safer work environment, and employers can implement effective measures to comply with state mandates.
FAQ: Addressing Your Construction Accident Concerns
What Steps Should I Take Immediately After a Construction Accident?
How Long Do I Have to File a Construction Accident Claim in Nevada?
What Are Employers' Responsibilities in Preventing Construction Accidents?
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