Work Accident Lawyer in Las Vegas

Workplace accidents occur daily to employees across America. Some workers have a much higher risk of injury than others, such as those working in construction, transportation, or industrial settings, such as oilfields. However, employees can be injured due to different causes, even in relatively low-risk workplaces.

According to the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), 344 workers died daily from hazardous conditions in 2022. That same year, employers reported approximately 3.5 million workplace injuries and illnesses. The U.S. Bureau of Labor Statistics reported that Nevada's fatal work injuries for 2022 totaled 60, with the majority due to transportation incidents, followed by exposure to harmful substances and violence.

A growing concern is the rise in workplace injuries within the gig economy. Flexible work environments, often touted for their benefits, sometimes lack the safety protocols seen in more traditional settings. Implementing thorough safety assessments and company-wide training can significantly reduce risks. Employers and workers alike should be vigilant, as staying informed about potential hazards can make a meaningful difference. By fostering a culture of safety and proactive accident prevention, organizations can enhance overall employee well-being and productivity.

Most employees injured on the job can seek compensation under workers’ compensation claims. These claims protect employers from lawsuits. However, in some cases, third-party claims may be filed if someone other than the employer was responsible for a work accident in which you were injured.

At Cohan PLLC, we can help you understand your options if you have sustained work-related injuries. Our attorney can assess your legal situation after reviewing the facts and circumstances and assist you in pursuing the compensation you deserve, whether through a workers’ compensation claim or personal injury claim, where appropriate. With over a decade of professional experience, including extensive trial work, our firm is well-equipped to assist you with every facet of the legal process.

Call Cohan PLLC at (702) 623-3579 for a free initial consultation about your legal situation, or contact us online. Hablamos español.

Las Vegas Workplace Accident Trends

According to the National Safety Council, the most dangerous workplace industries include:

• Construction: Common injuries are falls from heights, being struck by objects, electrocutions, and being caught in or between machinery or collapsing structures.
• Education and health services: Related injuries include slip and fall incidents, overexertion and repetitive stress, and exposure to harmful substances, such as chemicals or infectious diseases.
• Agriculture, forestry, fishing, and hunting: Injuries range from machinery-related accidents to falls from equipment and exposure to harmful chemicals.
• Transportation and warehousing: Injuries include vehicle collisions and rollovers, slip-and-fall incidents on loading docks, overexertion from lifting heavy items, and being struck by moving equipment.

In addition to these, other industries like manufacturing and oil extraction often have their own unique set of challenges. Safe handling of materials and proper use of personal protective equipment can curb accidents significantly. It's crucial for businesses in high-risk industries to hold frequent safety drills and rigorous equipment checks to maintain a safe working environment.

Similarly, the entertainment and hospitality sectors, core to Las Vegas, report injuries related to slip and falls, repetitive stress injuries, and overexertion. While these sectors may seem less hazardous, the risks are nonetheless significant, necessitating continuous safety training and awareness for employees.

To stay on top of these trends:

• Regular safety audits ensure the identification of new hazards.
• Employee training programs keep safety measures fresh and effective.
• Collaboration with safety experts can provide insights into best practices.

What to Know About Workers’ Compensation in Nevada

Workers' compensation is an essential safety net for employees injured in Nevada. This system provides financial benefits to cover medical expenses and lost wages resulting from work-related injuries. However, understanding the intricacies of the workers' compensation system in Nevada is vital.

• No-fault system: Workers' compensation is designed to be a no-fault insurance system, meaning injured employees can claim benefits regardless of fault.
• Time limits: Workers' compensation claims must be filed within strict deadlines.
• Employer responsibilities: Employers must carry workers' compensation insurance to protect their employees, but not all employers do.

Another critical aspect of workers' compensation is the obligation for employees to report injuries promptly. Delayed reporting can result in denied claims or reduced benefits. In some cases, disputes may arise regarding the extent of injuries or the appropriateness of treatments. Knowing your rights and the process for addressing these disputes is essential. It's recommended to collaborate closely with a legal advisor to navigate these complexities and ensure fair treatment.

Types of Compensation Available 

Under Nevada workers' compensation law, several types of compensation are available to workers who suffer from job-related injuries or illnesses.

• Medical benefits: These cover all necessary and reasonable medical treatment related to the injury or illness. This includes doctor visits, hospital stays, surgeries, medications, and physical therapy. Workers are generally required to choose from a list of approved providers.
• Wage replacement: When an injury prevents a worker from performing their job, temporary total disability (TTD) or temporary partial disability (TPD) benefits are provided. TTD benefits are typically two-thirds of the worker's average monthly wage, subject to a maximum amount set by the state.
• Permanent disability benefits: If the injury results in permanent impairment, the worker may receive permanent partial disability (PPD) or permanent total disability (PTD) benefits. The amount and duration of these benefits are determined based on the extent of the injury and a disability rating.
• Vocational rehabilitation: Vocational rehabilitation services are available for workers unable to return to their previous jobs. These may include job training, education, or assistance with job placement to help the worker transition to a new line of work.
• Death benefits: In the event of a work-related death, the deceased worker's dependents may receive death benefits. These typically include compensation for funeral expenses and a portion of the worker's wages to support the surviving family members.

Additionally, workers should be aware of the potential need for reconsideration of their disability status over time. Changes in a worker's condition can alter their benefits, either increasing or decreasing the support they receive. Regular medical evaluations and open communication with insurance adjusters can help manage expectations and ensure proper adjustments to compensation.

What to Know About Third-Party Accident Injury Claims

In some cases, workplace accidents may involve third parties, leading to opportunities for additional compensation beyond workers' compensation benefits, such as for pain and suffering and emotional distress. Potential third-party defendants may include equipment manufacturers, contractors, or other companies on-site.

If a third party’s negligence contributed to your injury, you may have a viable legal case against them. Gathering evidence to establish liability is crucial. This may involve accident reports, witness testimonials, and expert analyses. Unlike workers' compensation claims, third-party claims require proving liability based on negligence, which can be more complex.

To successfully pursue a third-party claim, initiating a detailed investigation is critical. This could involve collaborating with industry experts to understand the technicalities of the accident. Additionally, analyzing similar past incidents and their outcomes can offer valuable insights. Engaging in mediation or settlement discussions can sometimes expedite resolution, but being prepared for potential litigation is wise.

Steps to Protect Your Rights After a Work Accident

After a workplace accident, the steps you take can significantly affect the outcome of your compensation claim. Immediate action is essential to preserve your rights and ensure you are adequately compensated. Initially, report the accident to your employer as soon as possible. This not only fulfills your legal obligation but also establishes the basis for any future claims.

Documentation is another crucial step. Keep thorough records of the accident details, including any communications with supervisors, witness statements, and condition of the workplace when the accident occurred. These records can be invaluable when proving your claim. Additionally, seeking prompt medical attention not only ensures your health but also provides an official medical record, supporting your injury claims.

Finally, consider consulting with a legal professional experienced in Nevada work injury claims. They can provide guidance on the complexities of the law and help navigate the claims process effectively, ensuring that all required paperwork is properly completed and submitted. With proper steps and attention to detail, you can significantly enhance your chances of receiving rightful compensation.

What You Should Do After an Accident at Work

If you’ve been involved in a workplace accident, taking specific steps to protect your rights and ensure you receive proper care is crucial. Notify your supervisor or employer immediately, as they must document the accident. Prioritize your health by seeing a medical professional, even for minor injuries, as some may worsen over time.

Keep records of all relevant information, including accident reports, witness statements, and medical records. Finally, consult a work accident lawyer at Cohan PLLC. Our law firm can help you understand your rights and the best action to take.

It's also beneficial to review the safety protocols of your workplace to understand and address any ongoing hazards. Engaging in discussions with co-workers about their own experiences and safety concerns can foster a more conscientious work environment. Advocating for improved safety measures can reduce future accidents and contribute to a safer workplace for everyone.

Discuss your legal concerns with a Las Vegas work accident attorney by contacting us at F:P:Sub:Phone} today. 

Frequently Asked Questions About Work Accidents & Injuries in Las Vegas

What Are Common Workplace Injuries in Las Vegas?

Workplace injuries reflect a wide array of incidents due to the city's diverse economic sectors. In construction, which is quite prevalent, common injuries include falls from heights, electrical accidents, and being struck by falling objects. These environments demand constant vigilance and adherence to safety regulations to minimize risks.

In the hospitality and entertainment sectors, employees frequently face injuries from overexertion, repetitive stress, and slip-and-fall accidents. With high-speed environments and continuous physical demands, workers are susceptible to such injuries without stringent workplace safety protocols and health management practices.

How Does Workers' Compensation Work in Nevada?

Workers' compensation in Nevada operates as a no-fault system, ensuring that employees who sustain injuries during the course of employment can access financial assistance, regardless of fault. This system facilitates coverage for medical expenses and wage loss, providing a critical safety net for injured workers.

To initiate a claim, workers must report the injury to their employer promptly and complete the necessary paperwork. Understanding that deadlines are strictly enforced in Nevada is essential to ensure that workers remain eligible for benefits. Engaging with a work injury attorney can be invaluable in navigating this process and resolving any potential disputes efficiently.

Can I File a Claim for Emotional Distress After a Workplace Accident?

Yes, in certain circumstances, you can file a claim for emotional distress following a workplace accident. These claims typically arise from severe incidents that result in lasting psychological harm, such as post-traumatic stress disorder (PTSD). Emotional distress claims often require a higher burden of proof than physical injury claims, necessitating documentation from mental health professionals and a comprehensive account of the impact on your life.

In pursuing such a claim, it's crucial to collaborate with an attorney to gather the necessary evidence, including testimonials, professional evaluations, and personal accounts. Emotional distress claims must be carefully substantiated to demonstrate the extent of the emotional trauma and its impact on your daily functioning and quality of life.

How Can a Work Accident Lawyer Assist Me?

A  lawyer plays a pivotal role in navigating the complexities of legal proceedings following a workplace injury. From the initial consultation, the lawyer will evaluate the circumstances of your accident and provide strategic advice tailored to your situation. They can help ensure all documentation is accurately completed and submitted, avoiding common pitfalls that could affect your claim.

Furthermore, a lawyer's assistance is invaluable when dealing with insurance companies or third parties potentially responsible for your injury. They can advocate on your behalf, striving for fair compensation and representing your interests in court if necessary. With the support of a diligent work accident attorney, your chances of securing the maximum benefits possible can increase significantly.

What Are My Rights If My Employer Does Not Have Workers' Compensation Insurance?

In Nevada, it's mandatory for employers to carry workers' compensation insurance. However, should an employer not adhere to this requirement, injured workers have specific rights to explore. One avenue is pursuing a civil lawsuit against the employer for the damages incurred. The Uninsured Employers' Claim Account may also offer interim assistance in these scenarios.

These situations can be intricate, thus seeking legal guidance is strongly advised to explore all available options and potential reliefs. With proper legal counsel, you can understand your rights and evaluate the best course of action to secure appropriate compensation for your injuries and losses.

For experienced guidance, speak with a workplace accident attorney in Las Vegas. Contact Cohan PLLC or call (702) 623-3579 to secure a consultation now.