While workers' comp covers basic benefits, Nevada law also allows injured construction workers to file third-party personal injury claims against negligent parties such as subcontractors, equipment manufacturers, or property owners. These claims may allow recovery for damages not available through workers' comp.
A Reno construction accident lawyer can help injured workers pursue compensation beyond what workers' compensation provides, including pain and suffering, full lost wages, and long-term loss of quality of life.
Viloria, Oliphant, Oster & Aman L.L.P. combines legal experience with direct construction industry knowledge. Founding partner R. Shawn Oliphant has served as a keynote speaker and lecturer on construction law for organizations including the Builders Association of Northern Nevada, the American Institute of Architects, and the Nevada Association of Land Surveyors.
Call 775-284-8888 for a free consultation about your construction injury.
SCHEDULE A CONSULTATIONWhat Sets Viloria, Oliphant, Oster & Aman Apart?
Other personal injury firms treat construction accidents the same way they handle car crashes or slip-and-fall cases. Construction injuries are fundamentally different. They involve multiple parties, overlapping insurance policies, OSHA regulatory frameworks, and the workers' compensation system running in parallel.
Resolving these claims requires a firm that understands construction law from the inside.
Construction Industry Knowledge Built Into the Practice
Viloria, Oliphant, Oster & Aman handles both construction litigation and personal injury. R. Shawn Oliphant, a founding partner and head of the firm's civil litigation group, has represented clients in construction disputes across Northern Nevada for decades.
The firm has handled multi-party construction litigation cases throughout the region, so our attorneys have familiarity with how construction contracts, indemnification clauses, and subcontractor relationships work.
That background is not cosmetic. When a construction worker is injured, the question of who is liable often depends on contract language, project management structure, and site control, issues that a general personal injury firm may not have the depth to navigate.
AV Preeminent Rated by Martindale-Hubbell
Viloria, Oliphant, Oster & Aman holds an AV Preeminent rating from Martindale-Hubbell, the highest peer-review rating available for legal ability and ethical standards. That rating reflects recognition from other attorneys who have observed the firm's work firsthand in Northern Nevada courts.
A Firm That Limits Its Caseload for a Reason
The firm purposefully limits the number of cases it accepts to focus more closely on each client's needs. Construction injury cases demand that level of attention. Discovery in multi-party construction disputes generates thousands of pages of contracts, safety reports, and inspection records.
A firm handling hundreds of cases at once does not have the bandwidth to dig through that material. Ours does.
What Types of Construction Accidents Lead to Injury Claims in Northern Nevada?
Construction injuries in Reno stem from the same hazards that drive fatality rates nationally.
According to the Occupational Safety and Health Administration (OSHA) and the Bureau of Labor Statistics, the "Fatal Four" hazards, falls, struck-by incidents, caught-in/between accidents, and electrocutions, were responsible for more than half of all construction worker deaths in the United States in 2023. Non-fatal injuries follow the same patterns.
In Nevada specifically, the construction sector recorded eight workplace fatalities in 2023. Contact incidents and falls each accounted for three of those deaths.
Northern Nevada's active development landscape, including residential builds in South Meadows, warehouse construction in the Tahoe Reno Industrial Center, and infrastructure projects along I-80, keeps local workers exposed to these risks year-round.
The Fatal Four Hazards on Reno Construction Sites
| Hazard | How It Happens | Common Injuries |
|---|---|---|
| Falls | Unprotected edges, scaffolding failures, ladder collapses, roof work without harness systems | Spinal cord injuries, traumatic brain injuries, fractures, internal organ damage |
| Struck-by | Falling tools or materials, swinging crane loads, vehicles backing into work zones | Crush injuries, skull fractures, amputations, broken bones |
| Caught-in/between | Trench collapses, unguarded machinery, equipment rollovers, collapsing structures | Fatal crush injuries, suffocation, spinal compression, amputations |
| Electrocution | Contact with overhead power lines, exposed wiring, improperly grounded equipment, wet conditions near electrical sources | Burns, cardiac arrest, nerve damage, fatal electrocution |
Who Is Liable When a Construction Worker Gets Hurt in Reno?
The liable party in a Nevada construction accident depends on who caused or contributed to the unsafe condition, not simply who employed the injured worker. Workers' compensation covers the employer relationship, but third-party liability opens the door to a separate civil claim with no cap on damages.
Identifying every responsible party is one of the most critical steps in a construction injury case. The following parties may bear liability depending on the facts of the accident.
- General contractors who fail to maintain safe site conditions, enforce OSHA protocols, or coordinate work between subcontractors in a way that creates overlapping hazards.
- Subcontractors whose crew creates an unsafe condition that injures a worker employed by a different company on the same site.
- Equipment manufacturers whose defective machinery, power tools, or safety devices malfunction and cause injury. These claims fall under strict products liability, meaning the injured worker does not need to prove negligence.
- Property owners who know about a dangerous condition on the site and fail to correct it or warn workers.
Nevada's exclusive remedy rule prevents employees from suing their own employer for a workplace injury. That is where the analysis starts, not where it ends.
Construction sites involve multiple contractors, subcontractors, equipment suppliers, and property owners operating on the same project. When one of those parties creates or ignores a hazard, the injured worker may have a valid personal injury claim against that third party.
SCHEDULE A CONSULTATIONWhat Compensation Is Available Beyond Workers' Comp?
Workers' compensation in Nevada covers medical treatment and a portion of lost wages without requiring proof of fault. However, those benefits are limited and do not include damages for pain and suffering, emotional distress, or the full impact of long-term earning losses.
When a third party contributes to a construction accident, an injured worker may pursue a separate personal injury claim. Unlike workers' comp, this type of claim allows recovery for the full scope of damages, including total lost wages, diminished earning capacity, pain and suffering, and loss of quality of life.
How Workers' Comp and Third-Party Claims Interact
A third-party claim does not replace workers' compensation benefits. Instead, the two operate on separate but parallel tracks.
Workers' comp provides immediate medical coverage and partial wage replacement, with benefits limited by statute and no requirement to prove fault. A third-party personal injury claim, by contrast, requires proof of negligence but allows for full economic and non-economic damages, without the same statutory caps.
In many cases, the workers' compensation insurer has a right to reimbursement from any third-party recovery. Properly coordinating these claims is critical to protecting the injured worker's total compensation.
An experienced Reno construction accident attorney can manage both claims together and address any potential insurance liens.
How Does Nevada's Comparative Fault Rule Affect a Construction Injury Claim?
Nevada follows a modified comparative negligence standard under NRS 41.141. An injured worker may recover damages as long as their own fault does not exceed the combined fault of the parties they are suing. If the worker is found more than 50% responsible for the accident, the claim may be barred.
This rule comes into play on construction sites more often than in other personal injury contexts. Defendants frequently argue that the worker ignored safety protocols, skipped training, or failed to use provided protective equipment. Those arguments are not always valid.
Our construction crash lawyers challenge fault-shifting arguments by examining training records, OSHA compliance logs, and whether the responsible party actually provided the safety measures they claim the worker ignored.
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What Is the Filing Deadline for a Reno Construction Accident Claim?
Under NRS 11.190, the statute of limitations for most personal injury claims in Nevada is two years from the date of the injury. That deadline applies to third-party construction accident claims.
Workers' compensation claims operate on a much shorter timeline and have their own separate filing requirements.
Missing either deadline may permanently eliminate the right to pursue compensation. Because construction injuries often involve both a workers' comp claim and a third-party lawsuit, the overlapping deadlines make early legal consultation important.
FAQs for Our Reno Construction Accident Lawyers
Do I need a lawyer for a construction accident claim in Reno?
Having a lawyer may help your case. Construction accident claims involving third-party liability can be complex, requiring identification of multiple parties and coordination between workers' comp and civil claims. An experienced attorney helps level the playing field and protect your right to full compensation.
What if I was hurt on a construction site, but I am not a construction worker?
Visitors, delivery drivers, inspectors, and passersby who are injured on or near an active construction site may have a premises liability or general negligence claim against the party responsible for site safety. The key question is whether the responsible party failed to maintain safe conditions for anyone who might foreseeably be in the area.
What evidence matters most in a construction accident case?
OSHA inspection reports, daily safety logs, subcontractor agreements, equipment maintenance records, training certifications, site photographs, and witness statements all play a role in building a construction injury claim. Preserving this evidence quickly is critical because general contractors may alter or dispose of records after an accident.
Does it matter if I signed a safety waiver before starting the job?
Safety waivers and hold-harmless agreements are common in construction contracts, but they do not automatically prevent an injured worker from filing a third-party claim. Nevada courts examine whether the waiver was clear, whether the worker understood it, and whether it applies to the specific type of negligence that caused the injury.
Protect What a Construction Injury Takes Away, Call for a Free Consultation
A serious construction accident changes daily life in ways that medical bills alone do not capture. The inability to return to physical work, the financial pressure on a family that depends on that income, and the frustration of watching an employer or contractor deny responsibility all compound the injury itself.
Viloria, Oliphant, Oster & Aman L.L.P. fights for fair compensation for construction workers across Northern Nevada.
Our Reno construction accident lawyers understand construction law from the inside, and we bring that knowledge to every injury claim we take on. Call 775-284-8888 or 855-736-8888 for a free case review.
SCHEDULE A CONSULTATIONPast results do not guarantee future outcomes.