Injured in a Reno Construction Site Accident? Read This

There is no shortage of construction in Reno. When construction is booming, there are going to be construction site accidents where people get injured. When this happens, knowing what to do next can be confusing and overwhelming, especially if the injuries are serious or if your injury-related pain just won’t go away. It’s important to speak with an attorney because there may be very short deadlines after you’ve been injured if you want to make a claim, and this depends on whether you must proceed under the workers’ compensation system or the personal injury system. Speaking with an attorney is one of your best plans of action after a construction site accident, as they can guide you through your options and how to proceed.

To help you with your efforts, learn more about construction site accidents from our Reno personal injury attorneys and what to do if you are involved in one.

What to know about Nevada workers’ compensation laws

If you were an employee injured on a construction site, you will most likely be required to file a claim under the worker’s compensation system. According to Nevada Revised Statute 616C.015 employees who are injured in work-site accidents have seven days from the date of the incident to report the accident to their employer. If they wait longer, they may forfeit their right to benefits. If the employee receives medical treatment for their injuries and/or missed work due to the physical harm they sustained, they have 90 days to file a workers’ compensation claim. Should the employee die from their injuries, surviving family members have one year to file a wrongful death suit.

Nevada is considered one of the better states in terms of workers’ compensation benefits, with such benefits including medical treatment, related equipment and supplies, and generic drugs. Temporary total and permanent total disability provides compensation for workers who cannot work for a period of time or ever again, respectively. Additional benefits include rehabilitation if the employee can work but can only perform specific tasks, and death benefits for surviving family members.

What to know about Nevada personal injury laws

If you were not working at the construction site when you were injured, then you will likely be able to proceed with a personal injury claim or lawsuit. To file a personal injury lawsuit in Reno, the injured person must do so within two years of the incident per Nevada Revised Statute 11.190. Should the filing be against a government agency, the injured person must file a claim with the state Office of the Attorney General prior to filing with the court.

If a person sustains a negligence-related injury in Reno or anywhere else in Nevada, the state’s shared fault rules may apply. Nevada uses modified comparative negligence rules to establish blame in personal injury cases. Under comparative negligence, any fault of the plaintiff is compared with the fault of the defendant or defendants. The plaintiff cannot recover if their fault is greater than the fault of the defendant or defendants meaning the plaintiff must be 50% or less at fault for the accident to collect damages.

For example, say you’re walking on the sidewalk near a construction site where there was debris falling from a building. You keep walking by the site and construction debris falls and hits you. Maybe you were too close to the construction site, but there were no “Falling Debris” signs around. The construction company might argue that you should have known to stay farther away and by doing so you would have avoided injuries. If this claim went to trial, a jury would determine if you were at all to blame for your injuries. If the jury returned a verdict for you for $1,000,000 but assigned you a percentage of fault, say 5%, your verdict would be reduced by 5%. You could still recover damages against the defendant because you were less than 50% at fault but your verdict would be reduced by the amount of fault assigned to you. So, your $1,000,000 verdict would now be $950,000.

Damages that a jury may consider for someone injured on a construction site typically include:

• Medical costs
• Lost wages
• Disability, if applicable
• Pain and suffering
• Emotional distress
• Mental anguish

Punitive damages, or those designed to punish the defendant for intentional wrongdoing or consciously disregarding the safety of others, may apply in construction accidents. For an injured person to collect these damages, they must prove conduct beyond just gross negligence or even recklessness. These damages are not always easy to recover but experience construction site accident lawyers know what to look for.

Serious injuries from construction accidents in Reno

Construction sites are usually full of heavy equipment, hazards like open trenches, and involve working at heights, usually on lifts or scaffolding. Injuries from construction site accidents can be severe and in some instances result in death. Construction accidents are almost always preventable if the construction company takes proper precautions and trains its workers properly. Unfortunately, it is all too common that this doesn’t happen. Construction companies are under deadlines and sometimes short-staffed, which leads to a dangerous shortcuts.

Falls on construction sites are not uncommon. When workers use scaffolding or boom lifts, it is important they receive proper fall protection and proper training. In some instances, the equipment itself may be defective, unbeknownst to the worker. Open trenches pose another type of fall hazard, where workers may fall into the trench if the trench is not properly barricaded.

Additional injuries stem from being crushed between objects, getting electrocuted, sustaining burns from explosions, and experiencing heavy machinery-related harm.

In addition to head injuries, electrocutions, and burns, common physical harm on construction sites include:

• Loss of limbs
• Broken bones
• Muscle sprains and tears
• Spinal injuries
• Leg injuries
• Neck, shoulder, and back injuries
• Cuts and lacerations

How a Reno lawyer can help during a construction accident case

Regardless of whether you file a personal injury lawsuit or file for workers’ compensation benefits, working with an attorney is highly recommended. Your lawyer investigates the accident to determine if Nevada state safety and OSHA violations apply. If there were one or more violations, your attorney also collects evidence that supports your claim, such as photos, witness statements, video footage, safety training records, medical records, and debris from the scene of the accident. Next, they work with you to create a list of applicable damages and negotiate on your behalf. If there is a hearing or trial, an attorney also takes you through that process.

Do not hesitate to contact a lawyer if you were injured in a Reno construction site accident. Claggett & Sykes Law Firm represents injury clients throughout the state, including individuals injured on the job. Call our office, or complete our contact form to schedule a free consultation with a member of our team today.