As new residents flock to the sunshine and opportunities in Henderson, there is no shortage of construction projects and sites throughout the city. These projects include new residential neighborhoods and apartment complexes, retail and warehouse space, road widening, and other projects to accommodate the increase in traffic that population growth brings. While new construction can be exciting for the community, the construction industry is one of the most dangerous in the nation.
While most construction accident injuries are compensated through workers’ compensation benefits, there are a few types of accidents in which the injured worker can seek compensation through the personal injury claims process.
Here is a look at how construction accidents occur, the compensation available through the workers’ comp and personal injury claims processes, and how a Henderson construction accident lawyer from Edward Bernstein and Associates can help you with your claim.
Henderson Construction Accident Guide
- How Much Is My Henderson Construction Accident Case Worth?
- The Benefits That Are Available through Nevada’s Worker’s Compensation Program
- Compensation that Is Available through the Personal Injury Claims Process
- What Can an Experienced Henderson Construction Accident Lawyer Do for You?
- Were You Injured in a Construction Accident? We Can Help
Ed Bernstein and Associates Can Help if a Construction Accident Injured You
The experienced legal team at Edward Bernstein and Associates has been helping injured individuals throughout Nevada obtain the compensation they need for over 40 years.
We have a deep understanding of both the workers’ compensation claims process and the process involved in seeking compensation through a personal injury claim. We can help you determine which process is appropriate for your claim and can provide several services aimed at helping you have a successful outcome to the claims process.
We know that having a local attorney is important to many clients, and Ed Bernstein and Associates is pleased to provide a Henderson office close to you. We are conveniently located at 1489 W. Warm Springs Rd, Suite 110, near the intersection of Annabelle Lane.
How Much Is My Henderson Construction Accident Case Worth?
Construction is one of the most dangerous industries in the country, mainly due to the many potentially dangerous activities that can—and do—occur simultaneously in a relatively small area.
Road construction projects often feature flaggers and workers near heavy equipment and moving traffic. The construction of buildings often involves proximity to heavy equipment, power tools, electricity, and employees working at higher levels of the building.
According to the U.S. Bureau of Labor Statistics, about four in 100 Nevada construction workers sustain injuries annually. At least one out of every 100 full-time construction workers a year suffers an injury that results in missed time from work or forces the employee to have work-related restrictions, or even causes them to transfer to another job.
It is impossible to say upfront what a construction accident case is worth because each case features unique medical expenses and loss of earnings compensation based on the level of disability suffered by the claimant. Most injuries sustained in construction accidents are considered to be work-related injuries, compensated through Nevada’s worker’s compensation program.
Workers’ compensation is a form of no-fault insurance that most employers must provide on their employees’ behalf. The state requires general contractors to obtain a workers’ compensation policy that covers the workers of subcontracted companies and independent contractors as long as the general contractor is responsible for coordinating the work on a project, issuing contracts for the work performed on the contract, and paying subcontractors and independent contractors.
As noted, some individuals injured in construction accidents in Henderson are eligible to seek compensation through the personal injury claims process. These cases generally involve an accident caused by a negligent third party, such as a transportation accident in a work zone that results in injury and is the fault of a driver traveling through the work zone.
The Benefits That Are Available through Nevada’s Worker’s Compensation Program
Nevada’s workers’ compensation laws provide several benefits for workers throughout the state who have been injured on the job. These benefits include all reasonable costs associated with the work-related injury and earnings replacement for those who are too injured to perform the tasks of those jobs.
The disability benefits available after a Henderson construction accident include:
- Temporary total disability benefits, which are available if the injured worker’s doctor has certified that they cannot work for at least five consecutive days or five cumulative days in the past 20 as a result of the injury.
- Temporary partial disability benefits, which are available if the earnings the worker receives when they are well enough to return to work are less than the amount of earnings replacement they were entitled to from temporary total disability, the employer’s workers’ compensation insurance provider can be required to pay temporary partial disability benefits for up to 24 months to make up the difference in earnings.
- Permanent partial disability benefits, which provide earnings replacement for the injured worker once their condition has become stabilized and their physician has determined they have permanent injuries that will limit their ability to earn an income.
- Permanent total disability benefits, which provide 66 2/3 percent of the worker’s average monthly earnings if their treating physician determines that they are permanently disabled.
While medical treatment and income loss are the main worker’s compensation benefits, workers’ comp coverage can also provide vocational rehabilitation services, transportation reimbursement for the cost of traveling to and from medical appointments, as well as death benefits for survivors if a worker died as a result of their on-the-job injury.
How the Workers’ Comp Claims Process Works
When a construction accident occurs in a work-related activity, the workers’ compensation claims process follows these steps:
- The injured worker seeks medical treatment from one of the physicians that the insurance provider has authorized to treat their insured.
- The injured worker reports the injury to their employer and files an official incident report to their employer within seven days. Their treating physician must include information for this report. This notice must be retained by the employer for up to three years.
- The employer must report the injury to their workers’ compensation insurer within six days of receiving the worker’s official incident report. Failing to report an injury within this time frame can result in a fine of up to $1,000.
- Insurers have up to 30 days after the employer has notified them of the injury to investigate the claim and either accept the claim, notify the claimant or their legal representative of the acceptance, and begin payment on the claim or deny the claim. If the claim is denied, the claimant or their lawyer must be notified of the reason for the denial. Additionally, if the claim is denied, the insurer must also notify the Nevada Division of Industrial Relations (DIR), which is the governmental agency that oversees workers’ compensation in the state. If the insurer fails to do this, they can face a penalty of up to $3,000.
- Within six days of receiving a report of an injury in which the worker will require at least five days away from work, their employer must verify the worker’s earnings with their insurer so that payment of temporary total disability benefits can begin.
- Within 30 days of the worker’s condition being deemed stable, the insurer must schedule an appointment with a rating physician or chiropractor from a rotating list so that the worker’s level of disability can be determined.
- Medical billing must be submitted within 90 days from the date of service, and the insurance company has up to 45 days to approve the cost of the treatment or to deny it.
- An injured worker can file a claim for compensation within 90 days of the injury if they sought medical treatment for a work-related injury or missed work due to an injury incurred during the course of employment.
Compensation that Is Available through the Personal Injury Claims Process
As noted, there are certain circumstances when the negligence of a third party results in a construction accident. In addition to transportation accidents caused by negligent drivers passing through work zones, other examples of accidents that can entitle an injured worker to compensation through the personal injury claims process include accidents resulting from equipment that malfunctioned due to a manufacturing defect, or faulty blueprints or designs resulting from negligent architects or engineers.
The compensation available through the personal injury claims process includes:
- Coverage of all costs related to medically treating the injury.
- Loss of earnings associated with missed time from work as the worker recovers from their injury.
- Permanent loss of earning capacity, resulting from injuries that leave the worker permanently disabled.
- Physical pain and suffering, emotional distress, and other quality-of-life impacts from the injury.
To seek compensation through a third-party personal injury claim, an experienced lawyer can help you to make a claim against the at-fault party’s relevant insurance policy, such as an auto insurance policy or business liability coverage. The insurer can either accept or deny the claim or make an offer to settle the claim out-of-court for less than its established value.
If the insurer fails to compensate you, you can file a claim within Nevada’s two year statute of limitations.
What Can an Experienced Henderson Construction Accident Lawyer Do for You?
Our Henderson construction accident lawyers can:
- Provide a free case evaluation to help you understand your legal options and tell you more about the workers’ compensation or personal injury claims process.
- Gather evidence and file a claim.
- Resolve disputed claims or negotiate a settlement of your claim with your employer’s workers’ compensation insurance provider or the provider of a negligent third party’s relevant liability insurance.
- Evaluate your claim and explain what constitutes a reasonable resolution.
The biggest advantage a construction accident lawyer provides for your case is a deep understanding of the claims processes and the tactics insurance companies use to avoid paying on claims. The insurance provider responsible for compensating the claim has effective legal counsel on their side. It is only fair that you do, as well.
Affording a Construction Accident Lawyer
Many people are afraid to attend a free case evaluation with an attorney because they don’t think they can afford one. However, hiring an experienced Henderson personal injury lawyer does not require an upfront investment from you. The Henderson legal team from Edward Bernstein and Associates is pleased to provide our services through a contingent fee billing method. This billing method means you only have to pay for our services if and when your claim is compensated.
Were You Injured in a Construction Accident? We Can Help
With 40 years of experience, Ed Bernstein and Associates has helped individuals with many types of claims, including workers’ compensation and personal injury claims for construction workers injured on the job. We understand how overwhelming it can be to experience an injury and participate in a claims process.
Our legal team strives to make the claims process easier for you to focus on your recovery. We are not intimidated by large companies, insurers, or the aggressive representatives they hire to protect their financial interests. We are, instead, devoted to helping our clients receive the compensation they need to move forward after an injury.