Construction work is often very dangerous, and accidents are somewhat common. Construction workers may be at risk of severe injuries, and even people passing by a construction site can get hurt. In such cases, you may be able to sue for your injuries. However, the exact person or entity you may sue varies based on your specific circumstances.
Generally, in Las Vegas, injured employees may not sue their employers if they are covered by Workers’ Compensation. However, you may sue your employer under very special circumstances, such as if they purposefully caused the accident or lack the insurance to cover your injuries. You may sue responsible third parties for your injuries. For example, you could sue a negligent manufacturer that produced faulty power tools, which caused the accident. Even property owners might be held responsible under certain conditions.
Start with a free case review from our Las Vegas personal injury lawyers by calling Mitchell Rogers Injury Law at (702) 702-2622.
Can I Sue My Employer for Construction Site Injuries in Las Vegas?
Generally, injured employees may not sue their employers for work-related injuries. According to N.R.S. § 616A.020(1), Workers’ Compensation is the exclusive legal remedy for injured employees. This means you cannot take any other legal action against your employer, such as a personal injury lawsuit.
However, this does not limit injured employees from suing responsible third parties for injuries on construction sites. A third party might be anyone other than your employer or a coworker who you believe is responsible for the accident.
Not only that, but many construction workers are not considered “employees” within the definition set by law. As such, you might be able to sue the person who hired you for the job. However, you should discuss this with an attorney before initiating legal action.
Alternatively, an injured construction employee may sue their employer if the employer does not have the necessary insurance or if the employer somehow deliberately caused the accident. Our Boulder City, NV personal injury lawyers will help you determine if special circumstances exist that would allow you to sue your employer.
How Negligent Manufacturers May Be Responsible for Construction Site Injuries
Many construction accidents stem from faulty equipment or power tools. In such cases, negligent manufacturers may be held responsible for producing defective tools that are dangerous to unsuspecting consumers.
Construction workers often use dangerous tools that are extremely powerful. Circular saws, power sanders, grinders, and other similarly dangerous tools are common on construction sites. If a tool is defective, the person using it might be injured despite taking all necessary safety precautions.
To prove your claims against the manufacturer, we must prove that the tool or equipment malfunctioned because of a defect in the manufacturing process. If the tool was damaged due to improper use after purchase, the manufacturer may not be responsible.
Suing Property Owners for Construction Site Accidents and Injuries
Although property owners are often not involved in construction projects happening on their land, they might still be responsible for accidents under certain circumstances.
Construction accidents might occur if there is a hazardous condition on the property that they are not warned about. For example, suppose a construction team is hired for a renovation project. Next, suppose there is a serious structural issue on the roof, and the property owners neglect to inform the workers. In that case, a worker on the roof could fall through and get hurt, and the property owner might be held liable.
Property owners are often considered third parties because they are not the employers of construction workers. Even though property owners often hire construction teams or contractors, they are usually not considered employers. Instead, they are clients, and they may be sued.
How Trespassers May Be Responsible for Construction Accidents in Las Vegas
Construction sites can be large, sprawling, and complicated. To ensure safety, contractors and workers must make sure that everything on the site is in a safe, working condition. However, trespassers might unlawfully enter the site and cause damage, putting workers at risk when they show up for work.
A trespasser might enter the construction site without authorization and cause damage to the site, tools, equipment, or machinery. In many cases, trespassers are looking for material to steal and resell, including expensive tools or raw materials like copper. If you are injured because a trespasser damaged some equipment that malfunctioned when you used it, you might have a valid legal claim against them.
Identifying the trespasser is key in this situation. We will likely need to get the police involved if they have not been contacted already. Security cameras may be extremely important in identifying the trespasser so they can be held accountable.
How Insurance Affects Lawsuits Against Third Parties in Construction Accident Cases
As mentioned above, if you are an employee, you may be covered by your employer’s Workers’ Compensation insurance, and you cannot sue them for damages. However, third parties might be responsible for your injuries, and you can sue them for damages. This begs the question: Can you file an insurance claim and sue a third party at the same time?
Generally, the answer to this question is yes. Your employer’s insurance may pay for a portion of lost wages and medical expenses, but you might not get much more than that. If a third party is responsible for the accident, you can sue them for other damages, like pain and suffering.
When You Should Sue a Third Party for Construction Injuries in Las Vegas
If you sue a third party for a construction-related accident, you should speak to an attorney quickly, as your time to file your case is limited by law.
The statute of limitations, under N.R.S. § 11.109(4)(e), provides plaintiffs with personal injury claims only 2 years to file their cases. This is a much shorter amount of time than you might initially think. It may take many months just to prepare your case before it is filed. The longer you wait, the less time you and your lawyer may have to get ready.
Call Our Las Vegas Construction Accident Attorneys for Legal Help Right Away
Start with a free case review from our Henderson, NV personal injury lawyers by calling Mitchell Rogers Injury Law at (702) 702-2622.