In a city like Las Vegas, keeping the power and water flowing is not just a matter of physical survival but one of economic survival as well. Unfortunately, while utility work is vital to the entire area’s well-being, it is also one of the most dangerous occupations in statistical terms that anyone in Nevada can have. If you have recently been hurt while performing utility work, the physical, financial, and psychological effects of your injury are anything but just a statistic.
Workers’ compensation often covers utility worker accidents in Las Vegas, provided that you meet a few basic criteria and jump through the right hoops to apply for benefits. With the help of an experienced Las Vegas personal injury lawyer at Shook & Stone, you may also be able to recover for losses through a third-party lawsuit, if the incident stemmed partially from negligence by someone other than your employer.
Are Utility Workers Covered by Workers’ Comp?
Nevada state law requires all businesses with at least one part-time or full-time employee—in other words, basically every business and government agency in the state—to maintain workers’ compensation insurance coverage for all their employees. This insurance provides benefits on a fault-free basis to any employee who gets hurt or sick as a direct result of conditions they were exposed to while performing job-related duties, including both:
- Acute injuries caused by traumatic accidents
- Chronic injuries that build up over several years of work
Either way, workers’ comp should reimburse the costs of all reasonably necessary medical treatment needed to help you reach maximum medical improvement (MMI)—in other words, to get as close to your pre-injury condition as feasibly possible. If a utility worker accident in Las Vegas leaves you unable to work for a period of time afterward, you should also have access to disability benefits to make up for lost work income. These benefits are usually equivalent to about two-thirds of what you would have earned if you were able to work normally during that period.
How Negligence Works in Utility Accident Claims
In exchange for automatically assuming liability for certain losses caused by workplace accidents, employers with workers’ comp insurance coverage in Nevada are immune from being held civilly liable for injuries sustained by their employees—even ones that stemmed directly from their employer’s negligence. However, other people involved in a Las Vegas utility worker accident—for example, contract workers, suppliers, equipment manufacturers, and even passers-by near a job site—do not have this same immunity.
A third party can be held civilly liable for damages stemming from this sort of accident if all the following criteria are met:
- They had a duty of some kind to act responsibly under specific circumstances to prevent the plaintiff filing suit from suffering a preventable injury
- They breached this duty through a specific reckless, careless, or illegal act
- Their act was the main and direct cause of an accident which likely would not have happened otherwise
- That accident was the main and direct cause of the injuries and losses for which the plaintiff is seeking compensation
Support from a skilled legal professional can be especially important to achieving a positive result from a lawsuit built around this theory of negligence, which—if successful—can lead to recovery for various damages not covered by traditional workers’ comp.
Talk to a Las Vegas Attorney About Recovering from a Utility Worker Accident
The fact that utility work is extremely dangerous does not mean you just have to accept the risk of injury as a normal part of your job. You can and should seek financial restitution for any physical harm you suffer through this type of work. You have help available in doing so from attorneys who know how to handle cases like this from every angle: personal injury litigation, workers’ comp, and even Social Security benefits if applicable.
The legal team at Shook & Stone can provide the custom-tailored assistance you need to achieve a successful case outcome following a utility worker accident in Las Vegas. Call today to discuss your options.
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