On October 1, 2017, the Las Vegas community changed forever. This was a
dark day for Las Vegas, our country, and the world. This senseless act
impacted us personally, and will impact countless lives far beyond Las
Vegas. Our thoughts and prayers are with the families and friends of those
affected by the attack. We are particularly grateful to those professionals
and volunteers who responded to help those in need and prevent further loss.
Those that were working the event may find themselves in a workers’
compensation claim through their employer. For example, victims of the
tragic event may suffer permanent impairments such as post traumatic stress
disorder (“PTSD”) due to the traumatic nature of this event
while working. This type of injury is covered under Nevada law and is
considered a job-related stress injury. NRS 616C.180;
see also McGrath v. State Dept. of Public Safety, 123 Nev. 120, 159 P.3d 239 (2007).
Specifically, Nev. Rev. Stat. § 616C.180 provides in relevant part
that an injury or disease caused by stress shall be deemed to arise out
of and in the course of employment only if the employee proves by clear
and convincing medical or psychiatric evidence that: (a) they have a mental
injury caused by extreme stress in time of danger; (b) the primary cause
of the injury was an event that arose out of and during the course of
their employment; and (c) the stress was not caused by their layoff, the
termination of their employment or any disciplinary action taken against them.
These types of cases are heavily litigated. Although one may assume that
the facts of an event like what happened on October 1, 2017 are not in
dispute, the surrounding circumstances and how and what effect it has
on your work are frequently disputed.
Victims are vulnerable and need help, and needing help with their workers’
compensation claim is no exception. Victims should seek an experienced
attorney regarding this tragic event who will not only be able to give
guidance on this process, but also all other laws associated with tragic
However, most importantly, the Las Vegas community will heal from the pain
and tragedy, and rise up stronger than ever before. Las Vegas will not
falter or fail, as no challenge is too great or insurmountable. After
all, the show must go on.