Construction Site Injuries in Nevada
Whether an injured construction worker in Nevada can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Under Nevada's industrial insurance law, the rights and remedies of the workers' compensation chapters are an injured employee's exclusive remedy against the employer. NRS 616A.020, 616C.215
| Construction site injuries | Under Nevada's industrial insurance law, the rights and remedies of the workers' compensation chapters are an injured employee's exclusive remedy against the employer. On construction work this protection extends to architects, land surveyors and engineers working for the contractor or owner, and to a project owner that insures the project's workers through a consolidated insurance program. A worker may still sue a third party other than the employer who is liable for the injury, subject to the insurer's lien. No Nevada scaffold-law statute was identified for this entry. Third parties: https://www.leg.state.nv.us/NRS/NRS-616C.html#NRS616CSec215 . Source: NRS 616A.020, 616C.215 |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The plaintiff's comparative negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of multiple defendants; the jury finds total damages and each party's percentage of negligence, and damages are reduced accordingly. Source: NRS 41.141 |
| Deadline to sue for an injury | Two years for an action to recover damages for injuries to a person caused by the wrongful act or neglect of another (with exceptions in NRS 11.215 and 11.217). Two years also applies to libel, slander, assault, battery and false imprisonment. Source: NRS 11.190(4)(c), (e) |
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FAQ
Can you sue for a construction accident in Nevada?
Under Nevada's industrial insurance law, the rights and remedies of the workers' compensation chapters are an injured employee's exclusive remedy against the employer. On construction work this protection extends to architects, land surveyors and engineers working for the contractor or owner, and to a project owner that insures the project's workers through a consolidated insurance program. A worker may still sue a third party other than the employer who is liable for the injury, subject to the insurer's lien. No Nevada scaffold-law statute was identified for this entry.
Can you recover damages if you were partly at fault in Nevada?
Modified comparative negligence (51% bar). The plaintiff's comparative negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of multiple defendants; the jury finds total damages and each party's percentage of negligence, and damages are reduced accordingly.
What is the statute of limitations for personal injury in Nevada?
Two years for an action to recover damages for injuries to a person caused by the wrongful act or neglect of another (with exceptions in NRS 11.215 and 11.217). Two years also applies to libel, slander, assault, battery and false imprisonment.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.