Las Vegas Construction and Work Site Accident Attorney

The dual-track approach to construction accident claims often provides the best outcome:

Let’s examine how these options work together to protect your rights after a construction accident:

The workers’ compensation system also limits your right to choose your own doctor in many cases and may push you to return to work before you’re fully recovered.

A “third party” is a person or company legally responsible for your injury other than your employer or anyone the workers’ compensation law treats as your statutory employer or statutory co-employee, a group that on a licensed construction job usually takes in the general contractor, the owner who hired it, and the workers of the other subcontractors on the same job (NRS 616A.210; Harris v. Rio Hotel & Casino, 117 Nev. 482 (2001)). On construction sites, this commonly includes:

For example: If you’re injured when a scaffold collapses, a claim against the scaffold’s manufacturer is usually open to you, because the manufacturer is not your employer or a person in the same employ. A claim against the general contractor, or against the subcontractor that erected the scaffold, usually is not: where the work is performed under a Nevada contractor’s license, both are treated as your statutory employer or statutory co-employee and are immune as a matter of law (NRS 616A.210; Tucker v. Action Equipment, 113 Nev. 1349 (1997)). You can keep receiving workers’ compensation benefits while a third-party claim is pending, but your compensation is reduced by what you recover and the insurer has a lien on the recovery within the limits set by NRS 616C.215.

A third-party claim for injuries to a person must generally be commenced within two years in Nevada (NRS 11.190(4)(e)). Different deadlines and exceptions can apply depending on the claim and who is responsible: claims against state and local government run on NRS 41.036, claims against health care providers on NRS 41A.097, and the period does not run while the injured person was under 18 or insane when the claim accrued (NRS 11.250). Have the deadline that applies to your case confirmed early rather than assuming you have the full two years.

Jack Bernstein’s legal experience allows him to identify the third parties who may be liable and to build your case, while working to protect your workers’ compensation benefits.

Unlike simple workplace accidents, construction injuries often involve several responsible parties beyond your direct employer. Each of these parties may have separate insurance policies that can provide additional compensation:

When general contractors fail to meet these obligations they can be held legally responsible for resulting injuries, but usually not to a subcontractor’s employees. NRS 616A.210 deems subcontractors, independent contractors and their employees to be employees of the principal contractor, so where the general contractor holds a Nevada contractor’s license under NRS chapter 624 and the injury arises out of work within that license, workers’ compensation is generally the injured worker’s exclusive remedy against it and against the owner who hired it (Tucker v. Action Equipment, 113 Nev. 1349 (1997); Harris v. Rio Hotel & Casino, 117 Nev. 482 (2001); Richards v. Republic Silver State Disposal, 122 Nev. 1213 (2006)). Where no licensed principal contractor is in the chain, or the injury arose from a risk outside the licensed work, the claim against the general contractor can survive, which is why the license and the contract chain have to be checked before anyone is sued.

When one subcontractor’s negligence injures another company’s employee, the two are usually statutory co-employees: NRS 616A.210 deems subcontractors, independent contractors and their employees to be employees of the principal contractor, and where the work is performed under a Nevada contractor’s license that makes the negligent subcontractor immune from suit as a matter of law (Tucker v. Action Equipment, 113 Nev. 1349 (1997)). Where no licensed principal contractor is in the chain, whether that company is your statutory employer is decided under NRS 616B.603 and the normal work test of Meers v. Haughton Elevator, 101 Nev. 283 (1985), and a third-party claim against it may be available.

Common product liability claims in construction accidents involve:

A product liability claim is brought against the maker or supplier of the equipment rather than against an employer, which can open insurance that a workers’ compensation claim alone does not reach. What such a claim is worth still depends on the injury, the losses it causes and the evidence about the product, not on the size of the company.

Nevada premises liability law imposes specific duties on property owners, even during construction projects.

Jack Bernstein’s legal experience allows him to investigate construction accident cases and identify the parties who may be liable, and to pursue any compensation that may be available under the facts and the law.

Jack personally oversees every aspect of your claim. His commitment to clients is simple: “Jack’s got your back.”

This comprehensive approach is aimed at identifying every party whose conduct may have contributed, particularly in cases involving multiple contractors and complex chains of responsibility.

His strategic approach includes:

Throughout this process, you’ll have direct access to Jack himself, not just paralegals or associates, so you can raise your questions and concerns with the attorney handling your case.