Yes, if you were hurt on the job at a construction site, you can generally file a workers’ compensation claim and get money for medical bills and lost wages. This is applicable even if the injury seems small at first, as some injuries become clearer in the long run.
Las Vegas has nonstop development and construction projects, especially along the famous Strip. Lots of crews work all day and night in tight spaces and under severe pressure to get things done on time.
This can easily lead to accidents on construction sites in the Las Vegas area. If you get hurt in those conditions, a Las Vegas construction accident attorney can help you figure out what your rights and options are. But if you are still wondering if you can file a compensation claim, this article has the answer..
When Can You File a Claim?
In the event of a construction accident, to file a valid workers’ compensation claim:
- You have to be an employee: Many employers’ policies state that independent contractors can’t get workers’ compensation.
- The injury must arise from work duties: The accident must happen while you were doing your job.
- You have to give notice on time: In Nevada, you have to tell your boss about the accident within 7 days of finding out about it.
- Fill the claim: Either you or your boss needs to fill out the right forms and send them to the state or the workers’ compensation insurance company.
Your claim could be rejected or reduced if you wait too long to file it.
When a Third-Party Claim Might Be Possible
You may be able to sue a third party even if you are getting workers’ compensation benefits if they contributed to your injury. Some examples:
- Your accident was caused by broken equipment.
- A subcontractor or vendor was negligent.
- A third-party driver or bystander hurt you.
If so, you could try to get more money for your pain and suffering or your full lost wages.
Things That Can Complicate Your Claim
- Not giving notice or filing on time.
- Arguing the injury wasn’t related to work.
- The employer argues about how serious the injury is.
- Rules about substance abuse. If an accident was caused by illegal drug use, the insurance company may not pay the claim.
- Not having the right contracts with the other subcontractors.
What Benefits Can You Get?
In Nevada, you might be able to get these cool benefits:
- Medical care: Every care you need to recover.
- Wage replacement: If you can’t work, you can get some money to help you out for a little while.
- Disability benefits: If you get hurt and it messes you up for a long time, you can get money for being partially or totally disabled.
- Rehabilitation and training: If you need help going back to work or learning a new job.
Just so you know, workers’ comp usually doesn’t cover pain and suffering or emotional distress. You need to make a different claim against a third party for those damages.
Key Takeaways
- If you get hurt on the job, you can generally file a workers’ compensation claim.
- Nevada requires prompt notice and proper filing.
- Benefits cover medical care, disability, and lost wages, but not pain and suffering.
You can also sue a third party for extra damages.
