Construction is a tough job. You may have to work at odd hours and in the dark. You are surrounded by heavy equipment and power tools. There are risks you and your coworkers have to face each day. You may go years without getting hurt on the job. But one day, you may sustain an injury in a construction site accident and need to pursue workers’ compensation benefits or a third-party claim.
A construction accident lawyer at Oronoz & Ericsson Injury Lawyers is here to help you obtain the benefits and compensation you need. We can guide you through the workers’ comp claim process. If someone from outside your job caused your injury, we would represent you in a third-party liability lawsuit.
Great people to deal with. They did a great job with the work. Rachael Stewart does a great job. If you need an attorney I recommend these folk for sure.Douglas A.
Earlier this year I was traveling with my family when we were hit at a high speed by a drunk driver. The impact was so severe that my car was thrown completely off the road…Bob G.
I am extremely grateful to Jim, the other lawyers in his office, as well as his entire staff for helping me with my personal injury case. Attorney client privilege as all about trust and privacy….Beckie B.
At Oronoz & Ericsson Injury Lawyers, we have worked with construction workers injured in all types of accidents, including:
The most common deadly accidents are falls, being struck by objects, being caught in or between objects, and electrocution. The U.S. Occupational Safety and Health Administration (OSHA) calls these the Fatal Four. Construction employers and workers should be well aware of the risk of these accidents and take all possible steps to prevent them. Learn more: who is at fault in construction accidents?
Call a construction accident attorney after being hurt or losing a loved one in any of these or another accident. We are here to help.
Some of the most common workplace injuries and medical conditions for construction workers are:
Whether you suddenly sustained an injury at work, or an on-going complaint resulted in a diagnosis of a condition, talk with a construction injury lawyer about your right to pursue workers’ comp benefits.
Nevada requires all private employers with one or more employees to carry workers’ compensation insurance. This insurance is meant to cover your medical bills and some lost wages when you get hurt at work.
Workers’ comp insurance is not based on the employer’s fault. It is automatic coverage unless your employer claims you were responsible for your own construction injury. The trade-off for workers’ comp coverage is that you are not entitled to sue your employer for compensation.
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When you are covered by workers’ compensation insurance, all of your reasonable and necessary medical expenses are paid for.
Also, workers’ comp benefits include lost wage payments for:
Additionally, if you cannot return to construction but can work, you are entitled to vocational training.
After being hurt at work or receiving a diagnosis of a work-related medical condition, you must fill out a Notice of Injury or Occupational Disease—Incident Report (Form C-1). Deliver this to your employer within seven days of the accident or diagnosis.
Next, you must fill out Form C-4, the Employee’s Claim for Compensation/Report of Initial Treatment. You have 90 days from the date of your injury or diagnosis to give this form to your employer.
The next steps are your employer’s responsibility. Your employer’s insurance provider will inform you in writing whether your claim is approved or denied. If the insurer denies your claim for workers’ compensation benefits, call us immediately.
If your claim is approved, but you are not confident you are receiving your full benefits, give us a call. We will thoroughly review your workers’ comp claim and benefits. We may recommend appealing the benefits decision to ensure you receive everything you are entitled to.
For example, the insurer bases your disability payments on your prior average monthly wages. The insurer may calculate your wages wrong, which results in you receiving a lower payment than you are entitled to. We may appeal for a recalculation of your disability payment.
When someone employed by the same business as you caused your injury, your sole remedy is workers’ compensation. You cannot sue a coworker, supervisor, or other agent of your employer. However, if someone from outside of your employer caused you harm, then you should talk with a construction injury lawyer about your right to sue.
If someone who was not employed by the same company caused your injury, you might be entitled to file a third-party liability claim against the individual or business.
For example, if someone came onto the construction site and committed an act of violence. Talk with a lawyer about filing a lawsuit against that individual. Or, you may have been injured by a defective power tool. Talk with a lawyer about filing a product liability claim against the manufacturer.
Workers’ comp is essential, but it will never compensate you for all of your injuries. If you have the opportunity to file a third-party liability lawsuit, this can help you obtain full and fair compensation for your injuries.
Through a third-party lawsuit, you can demand compensation for your past and future:
The construction industry routinely uses independent contractors, who are not a business’s employee. You perform certain work for a business, but you are a separate entity. At the end of the year, you receive a 1099 instead of a W2 form for your taxes.
If you were an independent contractor at the time of the construction accident, you are not entitled to workers’ compensation benefits. Only employees are eligible under these insurance policies.
To recover compensation as an injured independent contractor, you need to file a lawsuit against the at-fault party. You may have to sue a specific coworker who was on the site, a certain business, the property owner, or a product manufacturer or distributor.
Talk with a construction accident attorney about whose carelessness, recklessness, or malicious conduct caused you harm and how to pursue compensation from that person or business.
If your parent, spouse, or child lost their life because of a construction accident in Las Vegas or Clark County, contact Oronoz & Ericsson Injury Lawyers for guidance. A construction accident lawyer will guide you through the claim process and help you obtain workers’ comp death benefits.
You may be entitled to up to $10,000 for burial and funeral expenses and up to two-thirds of your relative’s average wages. If you are a surviving spouse, you may be entitled to these payments for the rest of your life. Your children may be entitled to compensation until they are 18 years old or 22 years old if they are full-time students.
Other dependent family members, such as parents and siblings, also may be entitled to some compensation.
To pursue these benefits, you must file a claim within one year of your loved one’s death.
Whatever type of injury you sustained while working on a construction site, we are here to help. We know how to navigate Nevada’s workers’ compensation insurance system. We also will identify when you have the right to sue a third party.
To talk with us at Oronoz & Ericsson Injury Lawyers about how we can help after a construction accident, call (702) 878-2889 to schedule your free initial consultation.