OSHA Approves Construction Restart after Southern Nevada Wrongful Death Accident at Lake Mead

Approximately two weeks after a freak catastrophic Southern Nevada wrongful death accident at the construction site of the third irrigation tunnel from Lake Mead to Las Vegas, the Silver State’s Occupational Safety & Health Admin. has allowed work to restart. To resume, the construction contractor presented safety plans, engineering documents and additional procedures to the Nevada worker protection agency. The Nevada water authority states that construction preparation will begin immediately with additional digging and drilling will restart within less than a week. One person suffered minor injuries, while another Thomas Turner, 44, was killed in the Southern Nevada wrongful death accident. If you are the relative of someone killed in a Southern Nevada wrongful death accident, contact Benson and Bingham for a free legal consultation today.

The accident happened when the support structure for the 20 foot tunnel loosened and high pressure gout and cement sprayed on Mr. Turner. He was killed instantly in the Southern Nevada wrongful death accident. After the accident, the remainder of the 12-person team working on that section of the tunnel was evacuated. Mr. Turner worked for the contractor who is working on the project, Vegas Tunnel Constructors.

While Thomas Turner was the first Southern Nevada wrongful death accident, he was not the first death at the worksite. In February 2010, Jose Chavez passed away from kidney disease, heart disease and diabetes while working at the construction site. While his death wasn’t due to an accident, the way the emergency was handled drew rebukes from Nevada’s OSHA watchdogs. On the day he died, Mr. Chavez had complained to supervisors of not feeling well, but since he was the only one available to operate certain machinery, he was convinced to return to work by his superiors. After completing his assigned task, Mr. Chavez was then taken by a co-worker to the work site’s first aid station. Once there, Mr. Chavez continued to get even sicker. The worksite’s safety manager then called the National Park Service for emergency rescue of Mr. Chavez, but in the confusion was not able to remember the address of the work site. The Safety Manager then loaded Mr. Chavez into his own personal vehicle and rushed him to the hospital. En route, Mr. Chavez passed out and was not able to be revived. He was pronounced dead at the hospital, three hours after his symptoms appeared. Southern Nevada wrongful death accidents come in many forms, so if someone you love was killed, and you suspect it was a wrongful death incident, please contact the personal injury attorneys at Benson and Bingham today.

Benson and Bingham is one of Las Vegas’ leading personal injury law firms, focusing on Southern Nevada wrongful death accidents, brain and spinal cord injuries and defective products. Our firm, founded in 2003, is a family business, founded and run by cousins Joseph Benson and Ben Bingham. Our success, as demonstrated by the $24,000,000 we secured for our clients in 2010 and 2011, comes from our relationships with our clients.

Child Custody In Nevada

Child custody is a legal term that describes the legal and practical relationship between a parent and his or her child. Custody involves not only the amount of time a parent physical spends with his or her child (referred to as physical custody), but also involves a parent’s role in the decision making process for his or her child (legal custody) such as education decisions, medical decisions and sometimes financial decisions.

If you are involved in a custody dispute in Nevada, the court will only consider the best interests of the child in making a custody determination. The Court may award custody in favor of one parent over another if the parent arguing for primary custody can present proof to the Court that custody should be changed in their favor and it is in the best interests of the child. In determining the best interest of the child, the court will consider, among other things:

·The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to custody;

·Any nomination by a parent or a guardian for the child;

·Whether there is any conflict between the parents, and what level of conflict that might be;

·The parents’ ability to cooperate to meet their child’s needs;

·Any mental or physical health issues relating to the parents;

·The emotional, developmental, and physical needs of the child;

·The child’s relationship with each parent;

·The need for a child to maintain relationships with siblings;

·Any history of abuse or neglect for the child or one of his or her siblings;

·Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

A finding of domestic violence creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child.

Most Nevada Courts will modify or terminate an existing custody arrangement if it is determined that the current arrangement is not in the best interests of the child.

Child Support in Nevada

Child support (or child maintenance) means the ongoing, periodic payment made by a parent for the benefit of a child following the end of a marriage or other relationship. Nevada law requires that the parents of a child provide the child necessary maintenance, health care, education and support. Who pays child support when a marriage or relationship ends depends in large part upon the custodial arrangement between the parents of the child. However, the laws of child support in Nevada apply regardless of gender, meaning that a mother has the same obligation of supporting her child as the father. The information provided in this article is offered to answer some of the most frequently questions about child support in Nevada.

How do I get Child Support?

In order to determine whether you are able to collect child support in your case depends upon the type of physical custody arrangement you have. Nevada presumes the parties will have joint physical custody, meaning parents share physical custody of their children. If the parties do not share custody, then the relationship is one where one parent has primary physical custody of the minor children, meaning the custodial parent has more time than the non-custodial parent. Whether the relationship is joint or primary, you may be able to collect child support from the other parent. For more information on how child support is calculated, see below.

How Is Child Support Calculated?

First, the parents’ gross monthly income must be determined. In Nevada, the Court requires each party prepare and file an Affidavit of Financial Condition. The affidavit is a financial statement which tells the Court the income, monthly obligations, debts, and assets of the Parties. Next, the Court will consider whether the parents have joint custody of their minor children or whether one parent has primary physical custody. In a situation where the parents have joint physical custody, the Court will consider each parent’s gross monthly income. Most people think joint custody means a 50/50 split. However, Nevada law provides that if one parent has the child at least 40% of the time, joint custody may apply. In a joint custody situation, the Court will compare the relative income of the parents. The parent having the higher gross monthly income, in most case, will be obligated to pay her proportionate share of child support.