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Can I File a Worker’s Compensation Claim After a Scaffolding Accident In Vegas?

Filing Your Workers’ Compensation Claim After a Scaffolding Accident In Las Vegas

If you work in a job that involves scaffolding and you have been in an accident, you know how impactful those accidents can be. Scaffolding accidents can occur due to various factors, including equipment failure, human error, lack of proper training, or unsafe working conditions.

If you’ve been injured, you can be facing time away from work, medical expenses, and possibly long-term health complications. Nevada personal injury lawyer are a good place to start in discovering the compensation you may be entitled to. They will direct you towards either filing a workers’ compensation claim or a personal injury claim depending on your circumstances.

Key Causes Of Scaffolding Accidents In Las Vegas: A Legal Perspective

Employers and workers must prioritize safety measures, conduct regular inspections, provide proper training, and adhere to industry standards to prevent scaffolding accidents and ensure a safe working environment. However, there are times when accidents do happen:

  • Client discussing a Worker's Compensation Claim with a lawyer at Benson Bingham office. Collapse of Scaffolding
  • Slips and Falls
  • Faulty Installation
  • Lack of Guardrails or Fall Protection
  • Electrocution
  • Falling Objects
  • Inadequate Training
  • Environmental Factors
  • Defective Equipment
  • Unsafe Practices

Personal Injury Claims & Nevada’s Comparative Negligence Law

When it comes to personal injury claims, Las Vegas and the state of Nevada run on a modified comparative negligence law which assigns a percentage of fault to each party and holds them accountable for it. This means that if a person is 70% at fault and you are only 30% at fault, they are likely going to have to cover 70% of the damages.

However, in modified Comparative negligence laws, the injured party’s ability to recover damages is modified or restricted based on their degree of fault in causing the accident. This means if you are 50% or more at fault, you are unable to recover any damages

Evidence Collection Guide For Proving Fault in Las Vegas Scaffolding Accidents?

Evidence is crucial for proving fault in Las Vegas. Your Las Vegas personal injury attorneys an help you develop evidence and build a case for your accident. Examples of evidence that you can use are:

  • Medical Records
  • Photographs and Videos
  • Witness Statements
  • Police Reports
  • Expert Testimony
  • Employment Records
  • Surveillance Footage
  • Emails, Texts, or Other Communications
  • Incident Reports
  • Prior Complaints or Violations

It is important to try and document the accident scene as best as possible at the time of the scaffolding accident. This makes things easier for personal injury attorneys and can help ensure you get the compensation you deserve.

Infographic that explains how to prove fault in las vegas scaffolding accidents

The Intersection Of Workers’ Compensation & Personal Injury Laws In Scaffolding Cases

When it comes to worker’s compensation and personal injury claims, they are generally separate legal processes, each with its own set of rules and requirements. However, there are situations where both may be relevant, depending on the circumstances of the injury.

Workers Compensation

Workers compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill in the course of their employment. If you are injured on the job in Las Vegas, you are generally entitled to file a worker’s compensation claim.

This claim covers medical expenses, wage replacement, rehabilitation, and other benefits regardless of who was at fault for the accident. Workers compensation is designed to be a quicker and more straightforward process than a personal injury lawsuit. However, it typically limits the types of benefits available to the injured worker.

Exclusive Remedy

One important aspect of workers’ compensation is the concept of “exclusive remedy”. In many cases, if you are covered by workers’ compensation, you may be barred from filing a personal injury lawsuit against your employer for the same injury. Workers compensation is considered the exclusive remedy for the on-the-job injuries against the employer.

Exceptions To Exclusive Remedy

There are exceptions to the exclusive remedy rule. For example, if your injury was caused by a third party (someone other than your employer or a co-worker), you may be able to file a personal injury lawsuit against that third party while still receiving workers’ compensation.

Additionally, if your employer intentionally caused your injury, you may be allowed to pursue a personal injury claim against them. If you are considering filing a personal injury claim alongside a workers’ compensation claim, it is advisable to consult with a Las Vegas workers’ compensation lawyer who can evaluate the specific circumstances of your case.

Should You File Workers’ Compensation Or a Personal Injury Claim?

Construction worker in safety gear climbing scaffolding, potential subject for a Worker's Compensation Claim In many cases, if workers’ compensation is available, you are unable to pursue a personal injury claim. However, there are some exceptions. If a third party, such as a subcontractor, equipment manufacturer, or another entity not directly related to your employer, caused your injury, you may have the option to file a personal injury claim against that third party.

In some jurisdictions, if your employer’s actions were intentionally harmful, you can prove intentional misconduct. At this point, you may be allowed to pursue a personal injury claim against your employer. In the end, if you’ve been involved in a scaffolding accident at your place of work, filing for workers’ compensation might be your best plan. Consult with a Las Vegas personal injury lawyer to know for sure and to help protect your rights.

Securing The Best Las Vegas Personal Injury Lawyer For Scaffolding Injuries

If you’ve experienced a scaffolding injury in Las Vegas, our team of dedicated personal injury lawyers is here to support you. At Benson & Bingham, we understand the challenges you may be facing and are committed to seeking justice on your behalf.

Your well-being is our priority. Contact us and we will have you covered every step of the way.


Summerlin Location

11441 Allerton Park Dr #100
Las Vegas, NV 89135

Phone: 702-684-6900

Fax: 702-382-9798

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626 S 10th St
Las Vegas, NV 89101

Phone: 702-382-9797

Fax: 702-382-9798

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9230 S Eastern Ave #155
Las Vegas, NV 89123

Phone: 702-463-2900

Fax: 702-382-9798

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1320 E Plumb Lane Ste A
Reno, NV 89502

Phone: 775-600-6000

Fax: 702-382-9798

Nevada Personal Injury Attorney

Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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