Workers’ compensation covers most on-the-job injuries in Nevada — but for construction workers injured on active job sites, a parallel legal right often exists: the third-party personal injury claim. While workers’ comp bars you from suing your own employer, Nevada law preserves your right to sue other parties on the construction site whose negligence caused your injury. These claims can recover everything workers’ comp does not — full pain and suffering, complete wage replacement beyond workers’ comp limits, and compensation for permanent disability without the statutory caps. Marathon Law Group represents Nevada construction workers in third-party personal injury claims.
Workers’ Comp vs. Third-Party Claims: The Framework
Under NRS 616A.020, workers’ compensation is the exclusive remedy against your direct employer for workplace injuries. You cannot sue your own employer for negligence — the comp system provides medical care and wage replacement without requiring you to prove fault, in exchange for limiting your recovery. However, NRS 616C.215 expressly preserves your right to pursue a third-party personal injury claim against any party other than your employer whose negligence caused your injury. On a multi-contractor construction site, this creates significant recovery opportunities: the general contractor, other subcontractors, equipment manufacturers, the property owner, and site engineers may all face third-party liability independent of your employer’s responsibility.
General Contractor Liability
General contractors have broad site safety responsibilities under both OSHA regulations and Nevada common law. The GC controls the overall construction site, coordinates trades, and bears primary responsibility for site-wide safety programs. If the GC failed to implement required fall protection, failed to ensure proper shoring of excavations, permitted electrical hazards to persist, or failed to coordinate the work of different subcontractors to avoid dangerous overlap, the GC may face third-party liability to any subcontractor employee injured as a result. OSHA citations issued to the GC after an accident are powerful evidence of safety standard violations.
OSHA Violations as Evidence of Negligence
OSHA standards — including fall protection requirements (29 CFR 1926.502), scaffolding standards (29 CFR 1926.451), excavation and trenching rules (29 CFR 1926.652), and electrical safety standards (29 CFR 1926.416) — establish the minimum safety requirements for construction sites. An OSHA violation that causes or contributes to an injury is strong evidence of negligence, and in some jurisdictions constitutes negligence per se (automatic negligence without need for additional proof of the standard of care). The OSHA 300 log maintained by the GC and subcontractors documents prior incidents and near-misses that may show a pattern of safety failures relevant to your case.
Equipment Manufacturer Strict Liability
If defective construction equipment — a crane, scissor lift, power tool, scaffolding component, or personal protective equipment — caused or contributed to your injury, you may have a product liability claim directly against the equipment manufacturer. Product liability claims do not require proving the manufacturer was negligent — only that the product was defective (design defect, manufacturing defect, or failure to warn of a known hazard) and caused your injury. Equipment manufacturers frequently carry large commercial insurance programs, providing a significant additional source of recovery beyond what workers’ compensation provides.
Workers’ Comp Subrogation: How the Two Claims Interact
When you bring a third-party claim in addition to receiving workers’ compensation benefits, your employer’s workers’ comp carrier has a subrogation right — meaning they are entitled to reimbursement from your third-party recovery for the benefits they paid you. However, the subrogation amount is typically reduced proportionally for attorney fees and litigation costs. In practice, your attorney negotiates the workers’ comp lien as part of the overall resolution of your third-party claim, ensuring you keep as much of your recovery as possible after the workers’ comp lien is satisfied.
Contact Marathon Law Group — Las Vegas Construction Accident Attorney
If you were injured on a Nevada construction site, you may have rights beyond workers’ comp that can significantly increase your total recovery. Marathon Law Group evaluates all potential third-party defendants and pursues maximum compensation for construction site injury victims in Las Vegas and throughout Nevada. Contact us for a free consultation.