Las Vegas continues to grow. Unfortunately, with that growth comes a steady increase in the number of accidents on residential, commercial, and public construction sites around the city. Workers injured in those accidents often contend with severe pain, disability, and the loss of their ability to earn a living.
Injured Las Vegas construction workers generally have the right to receive workers’ compensation benefits to cover the cost of their care and replace part of their income. They may also have the right to seek additional compensation from third parties whose wrongful actions caused a construction accident.
If you or someone you love sustained injuries in a construction accident, the experienced Las Vegas construction accident attorneys at Edward Bernstein and Associates want to help you explore your rights to compensation. Contact us today to learn more. (Se habla Español.)
Las Vegas Construction Accident Guide
- How Construction Accidents Happen in Las Vegas
- Common Injuries in Las Vegas Construction Accidents
- Seeking Compensation for Las Vegas Construction Accident Injuries
- Contact an Experienced Las Vegas Construction Accident Injury Lawyer Today
You Can Trust Edward Bernstein and Associates
For over 40 years, Edward Bernstein and Associates has fought to achieve justice and compensation for injured people in the Las Vegas area. We believe anyone who suffers harm on a construction job site should receive financial support to help them heal and return to their everyday lives. If you’ve been injured in a Las Vegas construction accident, we’re here for you. Plain and simple.
The team at Edward Bernstein and Associates brings experience and compassion to every case. We have the resources and depth of knowledge to take on big-name insurance companies and to fight for the compensation that appropriately addresses your lost earnings, medical bills, and pain and suffering. Your case evaluation with a knowledgeable legal professional from our team is always free and confidential.
What We Do for Las Vegas’s Injured Construction Workers
Edward Bernstein and Associates is a full-service personal injury law firm. We have the resources, staff, and know-how to secure compensation for injured Las Vegas construction workers in a wide variety of scenarios.
The steps we take for our injured client vary from case-to-case, but we can, for example:
- Investigate a construction accident to determine how it happened and who was at-fault
- Prepare, file, and pursue workers’ compensation claims on our clients’ behalf
- Litigate appeals of denied workers’ compensation claims
- Prepare and file third-party insurance claims and lawsuits for damages
- Negotiate settlements of workers’ compensation and third party insurance claims
- Represent injured construction workers in administrative hearings and court trials
- Collect and distribute the funds owed to our clients
At Edward Bernstein and Associates, we also recognize that injured or sick workers often face financial challenges after a Las Vegas construction accident. That’s why we regularly represent our clients on a contingent fee basis, which means we only earn a fee if we get results. If we don’t win for you, you owe us nothing.
How Do Construction Accidents Happen in Las Vegas?
Construction sites are busy places. At any time, there can be heavy equipment in operation, workers climbing to high heights, sparks flying from welding torches, and building material being carried, dumped, or assembled. According to the Occupational Safety and Health Administration (OSHA), four types of accidents account for most injuries and fatalities at construction sites.
These four accidents—commonly referred to as OSHA’s fatal four—are:
- Falls, either from the same level or from elevation. OSHA regulations require construction workers to be provided with and use fall protection, have proper perimeter protection installed around work areas, covered floor openings, labeled floor opening covers, and properly placed ladders and scaffolding.
- Struck-by accidents, which occur when the worker is struck by any moving object on a construction site, such as building debris falling from above, or a construction vehicle running into a worker. OSHA regulations require workers near heavy equipment or motor vehicle traffic to wear visible clothing to prevent such incidents.
- Caught-between accidents, which occur when a worker gets caught in a collapsed trench, under heavy equipment, or between moving equipment and a stationary object. Trenching and excavation regulations are in place to prevent such accidents.
- Electrocutions, which occur when the worker makes contact with an electrical source, either through contact with a power line or a malfunctioning power tool. Construction companies must locate all power sources at job sites and maintain a safe distance from power lines.
Although these incidents account for many Las Vegas construction accidents, they certainly don’t cover all of them. Whether you sustained trauma in one of the fatal four-type accidents above, or any other incident on a Las Vegas construction site, the Edward Bernstein and Associates team can help you explore your rights to compensation.
Common Injuries in Las Vegas Construction Accidents
Construction accidents commonly cause severe and fatal injuries.
At Edward Bernstein and Associates, we can help injured workers recover compensation for injuries as diverse as:
- Traumatic brain injuries (TBI), including concussions
- Spinal cord injuries (SCI)
- Crush injuries
- Amputations and loss of use of limbs and appendages
- Loss of sight or hearing
- Back, neck, and shoulder injuries
- Broken bones
- Orthopedic trauma, such as strains and dislocations
- Illness due to exposures to hazardous materials or chemicals
These are just a few examples of the types of trauma a Las Vegas construction worker might suffer in a job site accident. No matter what the nature of your injury, Edward Bernstein and Associates knows how to evaluate your losses and explain your rights.
Seeking Compensation for Las Vegas Construction Accident Injuries
Injured Las Vegas construction workers generally have two potential sources of compensation for their injuries: workers’ compensation insurance and third-party lawsuits for damages. Edward Bernstein and Associates has a long history of securing money for injured workers from either, or both, of those sources.
Workers’ Compensation Benefits
Nearly all employers in the Las Vegas construction industry must carry workers’ compensation insurance for their employees. Workers’ comp is a form of no-fault insurance that provides medical coverage and income loss benefits to workers who suffer injuries or illness in connection with their jobs.
Most Las Vegas construction workers are covered by workers’ compensation insurance regardless of their age, their national origin or immigration status, or how many hours they work (full or part-time).
You likely have the right to workers’ compensation benefits even if you are an undocumented worker.
Workers’ Comp Benefits for Las Vegas Construction Workers
Las Vegas construction workers who get work or sick on the job can generally claim the following rights and benefits under their employer’s workers’ comp insurance policy:
- Payment of all medical costs associated with treating their injury or illness, as long as an approved physician delivers that treatment.
- Temporary disability payments, if an injury or illness prevents a return to work or limits work hours.
- Permanent disability payments if a work-related injury or illness permanently prevents the worker from working.
- Vocational rehabilitation, if an injury or illness prevents the worker from returning to their previous occupation, but they can still perform some type of work.
- Transportation reimbursements for the cost of getting to and from medical appointments.
- Lifetime reopening of a workers’ comp claim if the injured worker’s condition worsens over time.
- Death benefits, which include $10,000 for funeral expenses, as well as payments that are equal to the temporary total disability rate made to the decedent’s spouse and/or other dependents.
The types and amounts of these benefits a worker might receive generally depend on the nature of the worker’s injury or illness and its impact on the worker’s life and ability to work. Contact the team at Edward Bernstein and Associates today to learn about the workers’ comp benefits you may have the right to demand under your employer’s workers’ comp insurance policy.
How the Workers’ Comp Claim Process Works
A worker who gets hurt or sick in a Las Vegas construction accident can obtain benefits by seeking medical care from an approved physician.
Visiting an approved physician and notifying the physician that an injury or illness stems from a construction accident should trigger this process:
- The injured worker requests and completes an incident report, using the state’s C-1 form, within seven days of the injury, and gives it to the employer.
- The physician providing treatment for the injured worker completes a C-4 form to report initial treatment to the employer within three working days of providing the treatment.
- The employer completes the C-3 form to report the injury to their workers’ compensation insurer within six working days of receiving the C-4 form from the worker’s physician. The employer must also complete the D-8 form to notify their insurer of the worker’s income.
- Once notified of the construction accident, the workers’ compensation insurer has 30 days to either accept the claim and notify the claimant; begin payment on the claim; or notify the claimant of their decision to deny the claim.
If you sustained injuries or became ill because of an accident at a Las Vegas construction site where you work, seek care from a physician approved by your employer or the State as soon as possible. Then fill out Form C-1 and give it to your employer—or if you have questions about how to complete the form or ensure your employer follows through on claiming your benefits, contact Edward Bernstein and Associates today for a free consultation.
Denied Workers’ Compensation Claims
The workers’ compensation insurance company will sometimes deny a valid claim.
Workers’ comp insurers often deny claims because:
- The worker did not file the claim in time. Claimants generally have seven days to notify their employer of their injury, and 90 days in which to file a workers’ compensation claim.
- The employer or the insurer claims the worker was impaired by drugs or alcohol when the accident occurred.
- The employer or insurer claims the worker intentionally caused their injury to receive benefits.
- The employer or insurer claims the worker does not need the medical treatments claimed.
- The employer or insurer disputes the severity of the worker’s disability or ability to work.
In our experience at Edward Bernstein and Associates, workers’ compensation insurance companies will often deny claims for invalid reasons. In those cases, the worker has the right to appeal the claim decision to the State.
If you received a partial or total denial of your workers’ compensation claim, we strongly urge you to contact an experienced Las Vegas personal injury lawyer immediately. You have limited time to appeal a denied claim. Edward Bernstein and Associates routinely handles workers’ compensation appeals, and we can help you understand your path forward.
Third Party Lawsuits for Damages
Many construction accidents happen on Las Vegas job sites because of the careless or reckless actions of someone other than the worker who gets injured. Workers may have the right to sue that at-fault party, in certain circumstances.
Generally, workers cannot sue their employers or co-workers for injuries or illnesses they suffered in a construction accident. By-and-large, workers’ compensation insurance takes the place of the right to file a lawsuit against those individuals.
But workers can sometimes sue a third party—someone other than their employer or co-worker—for damages after a Las Vegas construction accident, if that third party’s wrongful conduct contributed to what happened. For example, a road construction worker might have the right to pursue a third party lawsuit for damages against a motorist whose speeding in a construction zone led to an accident that left the worker injured.
In a third party lawsuit, you might have the ability to claim compensation above-and-beyond what you receive through workers’ compensation, including for your non-medical expenses, pain and suffering, and loss of quality of life. Contact the team at Edward Bernstein and Associates today to begin exploring your rights to pursue a third party claim after your Las Vegas construction accident.
Contact an Experienced Las Vegas Construction Accident Injury Lawyer Today
If you or someone you love sustained injury or illness in a Las Vegas construction accident, you probably have substantial rights to compensation. The team at Edward Bernstein and Associates wants to make sure you get every dollar you need to pay your bills, replace your lost earnings, and move forward with your life. Contact us today online or call (702) 840-5103 for a free consultation with a knowledgeable legal professional.
Get Your Personal Injury Case Started Today