Here is hypothetical #1. You are a black jack dealer, and you are about to go on one of your many
20-minute breaks throughout your shift. You ascend down the escalator
to the employee dining room and your foot gives way for some unknown reason,
and you fall down the stairs. You are injured, including a sprained ankle
and a tear within your knee.
Here is hypothetical #2. You are a poker dealer and you are walking in the hallway at work. While
walking in the hallway, you collapse (which later turns out to be related
to your disease MS). You are injured, including a sprained ankle and a
tear within your knee.
Both injuries have occurred “at work,” both with very different
outcomes. Hypo #1 is compensable as a workplace injury (see Rio v. Phillips), while Hypo #2 is not (see Rio v. Gorsky). Why? Both times you were “at work.” There is a legal definition
about whether an injury arose out of and in the course of your employment
(i.e. “at work”).
See NRS 616C.150.
In other words, the law will likely define whether or not you were “at
work.” Merely being there does not automatically make an injury
at work compensable. There must be some sort of increased risk, created
by the employer, which caused the injury in order to make it compensable.
Simply being at work and suffering an injury may not be enough.
This is a very complicated area of law that requires consultation with
an attorney in order to get the benefits you are entitled to under the
law. If you have been injured “at work,” it is imperative
that you consult with a Las Vegas workers’ compensation attorney
from Shook & Stone as soon as possible.