A construction site accident can occur within a fraction of a second, and a severe injury can flip your world upside down when you are a construction worker. You could be in a mountain of medical expenses, lose income, and not know whether you will ever be able to get back to the job you love. As you struggle through physical healing, you may wonder what your legal options are. Although you will not find a single Nevada Construction Injury Statute that will clearly define every case, the legal system in the state can give you a framework to defend yourself. The framework is an intricate web of regulations, and determining whether your case is covered by workers' compensation, a personal injury claim against a third party, or some other legal remedy is the initial action item in ensuring that you receive the compensation necessary to be able to recover and move on with your life. Let us look at your legal options in detail.

The Nevada Workers' Compensation System

The Nevada Workers' Compensation system is the central and most significant system for dealing with on-the-job injuries, as per NRS 616A-D for construction workers. This state-mandated program is a crucial financial safety net for employees injured in the line of duty. It is a no-fault system, meaning you do not need to show that your employer was negligent or at fault for causing your injury to receive benefits. So long as the injury happened in the course and scope of your employment, you are generally entitled to coverage.

An essential part of this system is the exclusive remedy rule. This principle means that when your employer has the right workers' compensation insurance, the only remedy you have against your employer is to claim against them using this system. You cannot sue your immediate employer when his/her negligence resulted in your injury. This insures employers against possible expensive lawsuits and, conversely, ensures that you, as an employee, get your benefits without going through the long and uncertain process of a civil trial.

The advantages you are entitled to enjoy in Nevada's workers' compensation system are extensive and are meant to help you recover. They usually finance all the required medical treatment, like doctor visits, hospitalization, surgery, and physical therapy. You can also be eligible for lost wages, known as temporary total disability (TTD) or temporary partial disability (TPD), in case you cannot work at all or can only do a light job. In case of serious injuries where you suffer a permanent impairment, you may be entitled to permanent partial disability (PPD) benefits. Supposing that you cannot return to your former occupation due to your injury, the system also allows you to retrain for a new occupation through vocational rehabilitation.

Seeking Justice Beyond Workers' Comp

Although the workers' compensation system is an important safety net, it is not without its limitations, in that the main limitation is the exclusive remedy rule, which states that you cannot sue your immediate employer on the grounds of negligence. This rule, however, does not apply to third parties. You could also be entitled to the third-party liability claim, under NRS 41.130, in case your injury at the construction site was at least partly caused by the negligence of a company or individual other than your employer.

The first and most crucial step is to define the third party. Anyone not your direct employer on the construction site is a third party. This may be:

  • A general contractor

  • Another subcontractor

  • A property owner

  • A manufacturer of a faulty piece of equipment

This could be where you were injured because a crane being operated by another company dropped a load, and that company could be a third party. And in the same way, if your injury was due to faulty scaffolding designed or constructed by a different subcontractor, you may have a claim against them.

You might have a product liability claim against the equipment manufacturer if you have been injured because of a machine malfunction. The most significant benefit of a third-party claim is that you can pursue a degree of compensation that workers' compensation cannot. Economic losses, which include medical expenses and part of your wages, are mainly covered by workers' comp. Full compensation, however, can be achieved through a successful third-party claim. This allows you to seek damages, including future lost wages, which can be more than the wage replacement you receive through workers' comp and non-economic damages. These are usually substantial and can entail reimbursement of your physical pain and suffering, emotional distress, and loss of enjoyment of life, and provide a more comprehensive road to recovery.

Premises Liability and Public Safety

The construction sites are dangerous by nature to the workers and anyone around. For visitors, passersby, and even curious trespassers, an injury on or around a construction site is not a workers' compensation issue. Instead, these are subject to the state's premises liability per NRS 41.141. This law governs the legal liability of property owners, general contractors, and others who control a site to make it safe for the general public.

According to NRS 41.141, these parties have a legal duty of care to maintain the premises reasonably safe. This responsibility obliges them to conduct reasonable care to avoid harming lawful visitors, including delivery drivers, building inspectors, or clients touring a project. This will involve such things as:

  • Ensuring the site is properly secured

  • Displaying clear warning signs

  • Removing hazards

If a contractor or property owner does not abide by this duty of care and his/her negligence causes an injury, they can be held liable. This is particularly so with any dangers that are not open and obvious to the average person.

There is an increased responsibility for the safety of children as enshrined in the doctrine of an attractive nuisance. The Nevada law acknowledges that construction sites are highly attractive to children due to the size of machinery, piles of materials, and incomplete constructions. According to the attractive nuisance doctrine, when a property owner has an artificial condition most likely to attract trespassing children, he/she has a special obligation to make it secure. This means that a property owner or contractor may be found liable even when a child is technically trespassing because they did not take reasonable steps to ensure that the child did not access the site and suffer injury. For example, this can be achieved by putting up a secure fence or locking up equipment. This doctrine recognizes that children do not have the wisdom to realize how dangerous a construction site may be and puts the burden on the adults to take care of them.

When Building Damages Your House

For a property owner, an injury due to construction work does not necessarily occur during construction. Occasionally, a fault in the building itself may result in dire consequences decades or even centuries after the project has been completed. This is where construction defect litigation comes in. This legal suit is not the same as a typical personal injury suit. The construction defect claim does not arise simply because of the poor workmanship or the price to fix it. It is a claim of physical injury to a person or property caused by the defect. An example is that a claim would be payable if a balcony collapses because it has been poorly constructed, causing a person to fall, rather than simply for the cost to repair the cracked balcony itself.

Nevada has a specific and mandatory process for these claims, which is codified in Nevada Revised Statutes (NRS) Chapter 40 and intended to promote pre-lawsuit settlement.

You may only sue for damages caused by a defect after formally and in writing giving notice to the builder or contractor. This notice, which should be sent through certified mail, is a critical first step. It should indicate the defects in reasonable detail and outline the damages or injuries. The builder must then take a stipulated time to inspect the property and may either propose a repair or monetary compensation. This is an essential pre-litigation process. Not following it properly could jeopardize your case.

The builder you hired may be the target of a construction defect lawsuit. The parties who may be sued are:

  • The developer

  • The general contractor

  • An architect or engineer who committed a design error

  • A subcontractor who did the defective work

The kind of claim can depend on whether the defect was patent or latent. An open and apparent patent defect should be reasonably detected by an inspection, like a badly broken stucco or a sagging roof. On the other hand, a latent defect is concealed and not readily identifiable, like a bad plumbing connection in a wall that only shows itself years later as a leak.

Nevada's statutes of repose for construction defect claims, NRS 11.205, give a definite time limit to file these claims with no regard to the time of the discovery of the defect. In the case of a patent defect, the deadline to file a lawsuit is six years after the project's substantial completion. With a latent defect, you have eight years. That deadline is extended to 10 years in cases where the defect resulted from known fraud or willful wrongdoing. These strict deadlines also require property owners to take swift action once they learn of a defect resulting in an injury, because the clock may be running out long before the defect is noticed.

The date of substantial completion is usually established as the last date of final building inspection, issuance of a notice of completion, or issuance of a certificate of occupancy. You should know these dates to understand the timeframe of your possible claim.

The Importance of Homeowners Associations in Construction Injuries

In neighborhoods where a Homeowners Association (HOA) is in control, the legal environment can be more complicated when construction-related injuries occur. An HOA may be a major participant, and it may be liable in two main ways:

  • An HOA is liable under the premises liability law for injuries in common areas due to a construction project in progress. The HOA is the organization in charge of these common areas, like a community pool, clubhouse, or park, and must protect the safety of its residents and guests. For example, if a project to fix a community pool is not secured adequately and a resident gets injured, the HOA may be sued for negligence.

  • An HOA can initiate claims from people injured by a construction defect in a community common element. Like a single property owner, an HOA should go through the pre-litigation process of NRS Chapter 40 in cases where the harm is caused by a defect in a common area, like a clubhouse roof that leaks and results in a slip-and-fall injury.

One of the most critical areas of responsibility for an HOA is negligent hiring. The association has a legal duty to take reasonable care in selecting and employing contractors to work on projects within the community. This means they must vet the contractors to ensure they are licensed, insured, and can do the job. When an HOA hires an unlicensed or unqualified contractor who subsequently does poor work that causes an injury, the association may be found to be negligent in its hiring practices.

Nevada Statutes of Limitations

Timing is the key in any legal case. In a construction injury case, failing to meet one of the most critical deadlines, the statute of limitations, may forever disallow your pursuit of damages. These deadlines are not standardized. They differ significantly according to the kind of claim that you are filing.

The time is very short when it comes to workers' compensation claims. You are down to very few hours to act. You must notify your employer of your injury as soon as practicable, but within 7 days after the accident, via Form C-1. Once you do that, you will only have 90 days after the injury date to make the official claim with a physician using Form C-4. A missed deadline can mean that your claim is automatically denied.

In general, in personal injury actions, including a third-party claim against a negligent subcontractor or a premises liability claim against an injured visitor, the statute of limitations is two years. This clock typically begins to run from the date of injury or discovery of injury.

However, in the case of a construction defect claim, Nevada has a more complex set of deadlines referred to as statutes of repose. These are absolute deadlines that commence as of the date of substantial project completion, irrespective of the date the defect or injury was discovered. The statute of limitations to bring suit on a patent or an obvious flaw is six years. With a "latent" or hidden defect, you have eight years. That deadline is 10 years in the event of known fraud or willful misconduct. These strict and final deadlines require property owners to act expeditiously after discovering an issue.

The Importance of Safety Violations to Your Case

The construction industry is heavily dependent on workplace safety regulations established and enforced by the Occupational Safety and Health Administration (OSHA).

When an OSHA investigation reveals a violation on a construction site, the ensuing citation can become a powerful weapon in your legal arsenal. However, it is necessary to know what it is. An OSHA citation is not a lawsuit by itself and does not automatically entitle you to bring a suit. Nevertheless, it can be used as strong evidence in a civil court.

An OSHA citation is the determination of a government agency that a particular safety regulation was not met. This does not necessarily constitute negligence per se. However, it may be relied upon to prove that a defendant, be it a third-party subcontractor, a general contractor, or an equipment manufacturer, violated his/her legal duty of care. Established safety protocols should be followed, so proving that a defendant did not follow them will make it easier to prove that their negligence caused your injury. This evidence can be a game-changer in many claims, including making a third-party claim by a worker against a negligent contractor and proving a premises liability claim by a property owner. When there are construction defects, an OSHA violation may even be employed to show that the defect was caused by a lapse in safety standards during the original construction.

Find a Personal Injury Attorney Near Me

Is there, then, one "Nevada construction injury statute"? The answer is, as you now know, no. Instead, Nevada offers a strong, though convoluted, legal system to help you cope with the damages caused by building, regardless of whether you are a construction employee, a pedestrian, or the property owner. Whether it is the no-fault workers' compensation regime, the subtlety of the third-party liability, or the unique pre-litigation requirements of construction defects under NRS Chapter 40, every situation has its rules, duties of care, and, most importantly, deadlines.

It is easy to become confused by these intertwined laws, find all potentially liable parties, and ensure you meet all the most critical deadlines. The legal environment is complex, and the consequences profoundly affect your health, financial well-being, and future. You are not alone with this challenge.

When you or a loved one has been affected by a construction-related injury, contacting an experienced legal team is critical as soon as possible. Call the Las Vegas Personal Injury Attorney Law Firm today at 702-996-1224 to get a consultation to know your rights and help in fighting for the maximum compensation you are entitled to.