Las Vegas Construction and Work Site Accident Attorney

Common Construction Accidents and Their Legal Implications

Construction sites are inherently dangerous environments with unique hazards that can lead to devastating injuries. In Las Vegas, where development never stops, construction workers face daily risks that can forever change their lives. Understanding these risks is crucial not just for safety, but for recognizing when you have legal options beyond workers’ compensation.

OSHA’s “Fatal Four” and Other Serious Construction Hazards

The Occupational Safety and Health Administration (OSHA) identifies four types of accidents responsible for approximately 60% of construction worker deaths:

Accident Type	Approximate Percentage of Fatalities	Common Legal Issues
Falls	36-39%	Multiple contractor liability, equipment defects, safety violations
Struck-by Objects	8-11%	Improper securing of materials, inadequate training, safety protocol failures
Electrocutions	8.5%	Improper wiring, lack of lockout/tagout procedures, inadequate safety warnings
Caught-in/Between	1.5-5.5%	Trench collapses, machinery entrapment, inadequate guarding

Critical Point: OSHA violations related to these hazards create strong evidence of negligence (failure to exercise reasonable care) in third-party liability cases, often strengthening your claim beyond basic workers’ compensation.

For each of these accident types, multiple parties beyond your direct employer may share legal responsibility. For example, in a scaffolding collapse, potential liable parties could include:

• The scaffolding manufacturer (defective design)
• The scaffolding installation company (improper assembly)
• The general contractor (inadequate safety inspections)
• A property owner (unsafe conditions)

Beyond the “Fatal Four,” other common construction accidents in Las Vegas include:

• Equipment failures (cranes, hoists, forklifts, excavators)
• Vehicle accidents on construction sites
• Exposure to toxic substances
• Repetitive motion injuries
• Fires and explosions

These accidents frequently lead to crushing injuries, amputations, traumatic brain injuries, spinal damage, and permanent disabilities. From a legal perspective, they’re significant because they often involve product liability claims against equipment manufacturers—separate from your workers’ compensation claim.

When machinery fails due to design defects, manufacturing flaws, or inadequate warnings, injured workers may have strong third-party claims against companies with substantial insurance policies.

Specialized Construction Hazards in Las Vegas

Las Vegas construction presents additional challenges that can affect liability in your case:

• Extreme heat conditions documented to cause health risks for outdoor construction workers, leading to fatigue and increased accident risk
• High-rise construction projects with inherently elevated fall risks and unique safety challenges
• Underground utility work creating dangers from confined spaces, ground instability, and potential trench collapses
• Accelerated construction timelines, particularly on Strip projects, which Las Vegas Sun reporting has linked to compromised safety practices

These local factors often contribute to accidents and can be important in establishing liability in your case.

Understanding the specific type of accident you experienced is the first step in identifying all potential sources of compensation beyond basic workers’ comp benefits.

Your Legal Options: Workers’ Compensation and Beyond

After a construction accident in Las Vegas, understanding your legal options is crucial for securing the full compensation you deserve. Most injured construction workers don’t realize they have two potential paths to recovery, each with distinct advantages and limitations.

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

1. Workers’ compensation provides immediate medical care and partial wage replacement regardless of fault
2. Third-party liability claims allow you to pursue full compensation from responsible parties other than your employer

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

Workers’ Compensation: The Basics for Nevada Construction Workers

Workers’ compensation acts as a safety net, providing benefits regardless of who caused your accident. In Nevada, all construction employers must carry this insurance, which covers:

• Medical treatment related to your injury
• Temporary disability payments (typically 66% of your average wage)
• Permanent partial disability benefits
• Vocational rehabilitation if you cannot return to construction work

Important deadlines to remember:

• You must notify your employer as soon as practicable, but within 7 days after the accident
• You must file a C-4 form (completed by both you and your doctor) within 90 days of your injury
• Your doctor must file regular progress reports to maintain your benefits

Why Workers’ Comp Alone Is Often Insufficient: While workers’ compensation covers basic medical care and partial wages, it does not compensate for pain and suffering, full lost wages, or loss of future earning potential—all crucial considerations for serious construction injuries.

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.

Third-Party Liability Claims: Full Compensation Beyond Workers’ Comp

Unlike workers’ compensation, third-party claims allow you to pursue full compensation for all damages, including:

• 100% of lost wages (past and future)
• Complete medical expenses (current and anticipated)
• Pain and suffering
• Emotional distress
• Reduced quality of life
• Family impact (loss of consortium)

A “third party” is any person or company responsible for your injury other than your direct employer. On construction sites, this commonly includes:

• General contractors
• Subcontractors from other companies
• Equipment manufacturers
• Property owners
• Architects or engineers
• Material suppliers

For example: If you’re injured when a scaffold collapses, you might have claims against the scaffold manufacturer, the company that erected it, and the general contractor who failed to inspect it—all while also receiving workers’ compensation benefits.

The statute of limitations for third-party claims in Nevada is two years from the date of injury, giving you time to understand the full extent of your injuries before pursuing legal action.

Jack Bernstein’s extensive legal experience allows him to identify all potential third parties and build strong cases while ensuring your workers’ compensation benefits remain protected.

Were You Injured Near a Construction Site as a Bystander or Visitor?

Construction zones in Las Vegas can be hazardous not only for workers but also for people nearby. If you were simply passing by, visiting an adjacent property, or were otherwise not employed on the site when you were injured, you have specific rights.

Common ways non-workers can be harmed by construction site negligence include:

• Being struck by falling tools, materials, or debris.
• Accidents involving construction vehicles entering or exiting the site.
• Tripping or falling due to poorly maintained public walkways around a construction zone.
• Injuries from hazards like dust, smoke, or chemical releases extending beyond the site.

Your Path to Compensation as a Non-Worker

If you were injured as a bystander or visitor, the process for seeking compensation is different from that of an employee. You typically won’t file a workers’ compensation claim. Instead, your primary route is a personal injury claim (sometimes called a “third-party liability claim”) against the company or companies whose carelessness led to your injuries.

This could be:

• The general contractor overseeing the site.
• A subcontractor whose actions created the hazard.
• The property owner if they failed in their safety responsibilities.
• An equipment manufacturer if defective machinery was involved.

Through a personal injury claim, you can seek to recover damages for the full impact of your injuries, such as:

• All your medical bills (current and future).
• Lost wages and any impact on your future earning ability.
• Pain, suffering, and emotional distress.
• Other losses specific to your situation.

Figuring out who is responsible and building a strong case requires a thorough investigation. Jack Bernstein has over 40 years of experience helping individuals in Las Vegas navigate these complex personal injury claims. He is committed to ensuring that everyone injured due to negligence gets the personalized attention and dedicated legal support they need. If you were an innocent bystander hurt by construction site hazards, “Jack’s got your back!” and will help you understand your options

Who Can Be Held Responsible for Your Construction Accident

Construction sites in Las Vegas typically involve multiple companies working together, creating complex chains of responsibility when accidents occur. Identifying all potentially liable parties is essential to maximizing your recovery after an injury.

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:

General Contractors and Their Legal Responsibilities

General contractors hold primary responsibility for overall site safety under Nevada law and OSHA regulations. Their duties include:

• Coordinating safety programs across all subcontractors
• Conducting regular safety inspections
• Ensuring OSHA compliance throughout the project
• Maintaining safe common areas and walkways
• Coordinating between different trades working simultaneously

When general contractors fail to meet these obligations, they can be held legally responsible for resulting injuries—even to employees of subcontractors.

Subcontractors and Specialized Trade Liability

Each subcontractor on a construction site has specific safety responsibilities related to their scope of work. Electricians, plumbers, steel erectors, and other trades must:

• Follow industry-specific safety standards
• Properly train and supervise their employees
• Maintain their equipment in safe condition
• Secure their work areas to protect other workers

When one subcontractor’s negligence injures another company’s employee, the injured worker often has a third-party claim against the negligent subcontractor.

Equipment and Material Manufacturers

Defective equipment and materials cause numerous construction accidents. Manufacturers can be held strictly liable for injuries caused by their products, regardless of whether they were negligent.

Common product liability claims in construction accidents involve:

• Defective scaffolding components
• Malfunctioning power tools
• Faulty heavy equipment (cranes, forklifts, etc.)
• Inadequate safety guards or warnings
• Defective personal protective equipment

These claims often yield substantial compensation because they target large manufacturers with significant insurance coverage.

Property Owners and Developers

Property owners and developers may be liable for construction accidents when they:

Maintain control over site conditions

Fail to disclose hidden dangers

Directly interfere with construction methods

Hire incompetent contractors

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

Jack Bernstein’s legal expertise enables him to identify all potentially liable parties in construction accident cases, ensuring you receive maximum compensation from every available source.

Maximizing Your Compensation After a Construction Injury

Construction injuries often result in life-altering consequences that can last years or even a lifetime. The full cost of these injuries far exceeds what workers’ compensation typically covers.

Getting fair compensation requires understanding all available damages and accurately valuing your claim. Many injured workers unknowingly accept settlements that cover just a fraction of their true losses.

Types of Compensation Available for Construction Accidents

Your potential compensation falls into several categories:

Economic Damages (financial losses with specific dollar amounts):

• Current and future medical expenses
• Lost wages and benefits
• Reduced earning capacity
• Vocational rehabilitation
• Home modifications for accessibility
• In-home care needs

Non-Economic Damages (intangible losses without fixed values):

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Disfigurement and scarring
• Loss of consortium (impact on relationships)

Workers’ Compensation Benefits (limited but available regardless of fault):

• Medical treatment coverage
• Temporary disability payments (66⅔% of your average wage)
• Permanent partial disability awards
• Vocational rehabilitation benefits

The key difference is that third-party claims allow you to recover both economic AND non-economic damages, while workers’ compensation only covers a portion of economic damages.

Calculating the True Value of Your Construction Injury

Insurance companies routinely undervalue construction injury claims, hoping victims will accept quick, inadequate settlements. Accurately calculating your claim’s value requires:

Immediate Costs Assessment:

• Emergency treatment and hospitalization
• Surgeries and specialized care
• Physical therapy and rehabilitation
• Lost wages during recovery

Future Impact Analysis:

• Projected medical needs (follow-up surgeries, ongoing care)
• Diminished earning capacity, especially for physically demanding jobs
• Future life care costs for permanent disabilities
• Pain management and adaptive equipment needs

Special Considerations for Construction Workers:

1. Loss of union benefits and seniority
2. Specialized skills that may no longer be usable
3. Construction wages that often exceed those in other industries
4. Seasonal work patterns affecting wage calculations

Jack Bernstein works with medical experts, economists, and life care planners to document the full extent of your losses, ensuring your settlement reflects the true impact of your injuries. This thorough approach often results in compensation several times higher than initial insurance offers.

How Jack Bernstein Handles Construction Accident Cases

When you’re injured on a construction site, you need more than just any attorney—you need a lawyer with specific experience handling the complex interplay of workers’ compensation and third-party liability claims. Jack Bernstein has developed a proven approach to construction accident cases that maximizes recovery for injured workers.

Unlike high-volume law firms where you rarely speak with the attorney handling your case, Jack personally oversees every aspect of your claim. His commitment to clients is simple: “Jack’s got your back.”

A Comprehensive Investigation Approach

Construction accident cases require thorough investigation to identify all liable parties and establish negligence. Jack Bernstein’s process includes:

Immediate Site Documentation

• Securing photographs before conditions change
• Identifying and interviewing witnesses
• Collecting incident reports and safety documentation
• Preserving physical evidence when possible

Expert Consultation

• Construction safety specialists to identify violations
• Medical experts to document injuries and future needs
• Engineers to examine equipment failures
• Economic analysts to calculate lifetime financial impact

Regulatory Compliance Review

• Examination of OSHA standards and violations
• Review of Nevada construction regulations
• Analysis of building codes and permits
• Documentation of safety program inadequacies

This comprehensive approach often uncovers liability that other attorneys might miss, particularly in cases involving multiple contractors and complex chains of responsibility.

Strategic Coordination of Multiple Claims

Jack Bernstein’s experience allows him to navigate the challenging relationship between workers’ compensation and third-party claims, ensuring that actions in one case don’t undermine recovery in the other.

His strategic approach includes:

1. Timing workers’ compensation settlements to maximize third-party recovery
2. Negotiating reduced liens to increase net compensation to clients
3. Coordinating medical evidence across both claims
4. Leveraging workers’ compensation findings to strengthen third-party cases

Client Focus: At Jack Bernstein Injury Lawyers, we understand many construction workers don’t realize they’re entitled to both workers’ compensation and third-party damages. Our job is to handle the legal complexities while clients focus on their recovery.

What to Expect Throughout Your Case

When you choose Jack Bernstein to represent you after a construction accident, you can expect a clear process:

Initial Consultation

• Personal meeting with Jack (in-office, hospital, or home)
• Thorough review of accident circumstances
• Explanation of available legal options
• No upfront fees—contingency basis only

Case Development

• Regular updates directly from Jack
• Coordination of medical care and documentation
• Identification of all potential defendants
• Expert witness preparation

Resolution Phase

• Strategic negotiation with all insurance companies
• Preparation for litigation if fair settlement isn’t offered
• Clear explanation of settlement options
• Maximum net recovery to you

Throughout this process, you’ll have direct access to Jack himself—not just paralegals or associates—ensuring your questions are answered and your concerns addressed promptly.