Nevadans who suffer in construction accidents deserve to receive full and fair compensation for their injuries and losses. The Nevada Construction Injury Attorneys at Benson & Bingham can help. Read on to learn more about construction accident injury cases and for answers to some of the most frequently asked questions our firm receives about Nevada construction accident injuries. Accidents happen on Nevada construction sites every day. No matter the project’s scale, from a new casino building in Vegas to a bathroom renovation in Elko, when construction accidents occur, workers, property visitors, and bystanders can suffer severe and costly injuries.
Benson & Benson is an award-winning, Nevada-based law firm that represents victims of personal injuries caused by the negligent, reckless, or intentional conduct of others. Representing Nevada workers and those injured in accidents on construction sites throughout The Silver State is one of our most important practice areas.
Our team has secured more than $165,000,000 for injured Nevadans in judgments, verdicts, and settlements. We take pride in our reputation for getting results for our clients, but we measure our success even more by the quality of the client service we provide. Our commitment to client satisfaction sets us apart from our peer firms, and makes us the go-to team for Nevadans whose lives were upended by devastating construction accidents.
Construction is a dangerous business. The Occupational Safety and Health Administration (OSHA) calls construction a “high hazard industry,” and the numbers in Nevada bear that out. According to the federal Bureau of Labor Statistics, dozens of construction workers die on Nevada construction sites every year, and construction ranks among one of the State’s highest workplace injury occupations.
These abstract numbers alone can’t tell the full account of the toll of construction accidents on Nevadans. An injury on a Nevada construction site often leads to significant loss of income, and, in some cases, permanent inability to work. Construction accidents can render a person with chronic pain, or cause premature deaths.
At Benson & Bingham, we have a true understanding, developed over years of representing injured Nevadans, of the challenges and difficulties faced by victims of construction accidents and their families. It is our mission to hold accountable workers’ compensation insurance companies, construction contractors, property owners, and other parties responsible for construction accident injuries.
Compensation for Nevada construction accident injuries typically comes from two sources: 1) workers’ compensation, 2) a construction accident injury lawsuit. Which source applies depends upon how the accident happened and who the victim and responsible parties are.
Nevada requires private employers to maintain workers’ compensation policies at their own expense to protect their employees against medical and disability-related costs resulting from a work-related injury, illness or death. In other words, if you’re a Nevada construction worker and get hurt on the job, chances are you have a right to receive workers’ compensation benefits.
Workers’ comp benefits in Nevada may include:
Construction workers in Nevada have the right to receive workers’ compensation benefits, even if they contributed to the construction accident in which they suffered an injury. In exchange for this comprehensive insurance protection, workers covered by workers’ comp usually lose the right to sue their employers for their work-related injuries (although that is not always the case, and they may also have the right to sue others—see below).
Workers’ compensation benefits are available to all injured construction workers in Nevada, including part-time workers, day-laborers, and undocumented immigrants.
The team at Benson & Bingham represents Nevada construction workers in all aspects of claiming workers’ compensation benefits, including filing claims, appealing claim denials, and challenging wrongful practices (such as when employers retaliate against Nevada construction workers for filing workers’ comp claims).
Anyone in Nevada whom workers’ comp does not cover (and even some workers it does) will usually have the right to seek compensation for their construction accident injuries and losses by filing a lawsuit for damages. At Benson & Bingham, we routinely represent victims of Nevada construction accident injuries in lawsuits seeking compensation from responsible parties.
Through a lawsuit, victims of Nevada construction accident injuries may secure compensation for:
Some victims of construction accidents in Nevada may also have the legal right to ask a court to award them punitive damages, which aim to punish extreme or outrageous conduct that caused a construction accident.
Benson & Bingham attorneys possess the experience, resources, and know-how to represent clients in the most complex and challenging construction accident injury lawsuits against even the most powerful and well-funded construction and insurance companies. Contact our team today to learn more about how we can help after a construction accident causes devastation in your life.
Victims of Nevada construction accidents who seek our help at Benson & Bingham have questions about their right to compensation for their injuries and losses. Below are some of the most frequent questions we are asked, with general answers to cover the basics. For answers to your questions about a specific Nevada construction accident that injured you or a loved one, contact our team today.
If a construction accident injures you on the job in Nevada and you need emergency medical treatment, don’t hesitate. Workers’ comp pays for emergency care.
Next, report your injury to your employer right away. Your employer should give you a Form C-1 to fill out. Complete the form right away and return it to your employer within seven days of your injury. Failing to fill out a Form C-1 or to do so within seven days could prevent you from collecting workers’ comp.
You may have to go to a doctor your employer or your employer’s workers’ comp insurance carrier has approved. If this happens, talk to us, because sometimes insurance companies hire doctors to look for reasons to deny claims, or the doctors lack the qualifications to evaluate your injuries. Ask your employer about any restrictions on healthcare providers before seeking care to avoid any problems. (This rule does not apply for emergency care—workers’ comp will pay for virtually any emergency medical treatment you receive.)
The doctor or medical provider who treats you will give you a Form C-4 to complete. You fill out the top part. The doctor fills out the rest, and submits it to your employer or directly to the workers’ compensation insurance company. This part of the process must be completed within 90 days of the construction accident to avoid problems.
At that point, your claim is filed and you should receive a decision about your benefits in no more than 30 days after the insurer receives the Form C-4. Contact an experienced workers’ comp claim attorney at Benson & Bingham if you have any questions about the process, or if the workers’ comp carrier has denied your claim.
As mentioned above, if you are eligible to receive workers’ comp benefits, you usually cannot sue your employer for the construction accident injury.
But that does not mean you have no right to sue anyone for the injuries and losses you have suffered. Even if you receive workers’ comp benefits, you may still have the right to file a lawsuit seeking additional compensation if someone other than your employer or a co-worker bears the blame for the construction accident that injured you. In such a case, you may file a third-party lawsuit. For example, if you suffered injuries on a job site when a heavy piece of construction equipment malfunctioned, you may have the right to sue the equipment manufacturer.
In rare cases, you may sue your employer for your injuries or other damages. This could happen if, for example, your employer broke the law and did not carry workers’ compensation insurance, or if your employer tried to prevent you from filing a workers’ compensation claim.
The team at Benson & Bingham digs into the facts of every construction accident case we handle, to make sure we identify every potential source of payment for our clients’ injuries and losses.
Every construction accident injury case is different, making it impossible to give a general answer about how much a case is worth.
However, the value of a construction accident injury case will typically depend on three generalized factors:
If you have the right to receive workers’ compensation benefits for your Nevada construction accident injury, then the workers’ comp insurance company should pay your medical costs directly to your medical provider. If you also have the right to receive workers’ comp disability payments to replace lost income, then payments should begin once the insurance company approves your claim, which should happen within 30 days of the company receiving your Form C-4.
If you file a lawsuit seeking compensation for your construction accident injury, the timeline for recovering compensation can vary widely depending on the circumstances of your accident and injury. Some cases settle quickly, while others take a long time to work through the court system. By and large, the time for a construction accident injury lawsuit to resolve is unpredictable. However, you can help the process along by speaking with an experienced personal injury lawyer as soon after an accident as possible.
Did a Nevada construction accident injure you or a loved one? Do you have questions about your rights to compensation? Contact Benson & Bingham today online or at (702) 382-9797 for a free consultation and to learn how we can get you the compensation you deserve.
“Michelle and Lina are spectacular and they are great to work with. The office is very professional and you will not be disappointed with the service. Benson & Bingham will fight for every penny and they will do everything possible to make sure you are satisfied. It is without hesitation or reservation that I recommend them for your case.” -Hearly S.