Injured workers in Nevada often worry about one critical question: Can your employer fire you while you’re on workers’ compensation? After a workplace injury, you might be receiving medical treatment and wage benefits through a workers’ comp claim. The last thing you want is to lose your job on top of dealing with an injury. In this article, we’ll explain Nevada’s laws on termination during a workers’ comp case, your rights and protections as an injured employee, and what to do if you suspect you were fired in retaliation for getting hurt on the job.
At Shook & Stone, our attorneys have extensive experience representing injured workers. We understand how frightening it can be to face job insecurity while recovering from an injury. This guide is designed to be approachable but informative, giving you the knowledge you need about Nevada workers’ compensation rights and job protection.
If you’re facing termination while on workers’ compensation in Nevada, it’s time to take action. Shook & Stone can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (702) 570-0000 to discuss your situation today. Let’s work together to secure your financial future.
Nevada Is an “At-Will” State, But Retaliation Is Illegal
Nevada follows the at-will employment doctrine. This means your employer can generally terminate you at any time, for almost any reason or even no reason at all. Likewise, you are free to quit at any time. However, at-will employment does not give employers a free pass to fire someone for unlawful reasons. One big exception to at-will is retaliation for protected activities, and filing a workers’ compensation claim is a protected activity in Nevada.
👉 In simple terms: Your boss cannot fire you because you were injured at work or because you filed (or plan to file) a workers’ comp claim. In general, Nevada law prohibits employers from firing an employee in retaliation for a workplace injury or for filing or attempting to file a workers’ compensation claim. Terminating an employee solely for filing a workers’ comp claim or taking time off for a work injury is illegal. This is considered retaliatory termination, and Nevada law forbids it. State law and public policy explicitly make it unlawful for an employer to discharge, harass, or discriminate against an employee for filing or attempting to file a workers’ compensation claim.
What counts as retaliation? Any adverse action motivated by your workers’ comp claim or injury can qualify. This includes firing, demotions, pay cuts, unfavorable schedule changes, harassment, or threats tied to your workplace injury. For example, your employer cannot threaten to fire you unless you drop your claim, cannot cut your hours as punishment for getting hurt, and cannot force you back to work before your doctor says you’re ready. Understanding what happens when employers dispute workers’ comp claims can help you recognize these retaliatory tactics.
On the other hand, being on workers’ comp is not a blanket shield against any termination. Employers can still fire or lay off an injured worker for legitimate, non-retaliatory reasons. Nevada employers may cite reasons like company-wide layoffs, performance issues that are unrelated to the injury, violation of workplace policies, or other misconduct as grounds for termination. The key distinction is that the firing cannot be because of your workers’ comp claim or injury.
Watch out for pretext. Sometimes employers try to disguise a retaliatory firing as a “legitimate” termination. They might suddenly claim an injured worker had poor performance or violated a policy when the real motive is the injury claim. One red flag is suspicious timing, for instance, if you were fired very soon after reporting your injury or filing your claim, it may indicate the employer’s reason isn’t genuine. Document any comments or actions that suggest irritation about your claim. Such evidence can help prove retaliation if you need to pursue legal action later.
Legal Protections for Injured Workers in Nevada
Nevada has strong laws to protect employees who are injured on the job. Understanding these Nevada workers’ compensation rights will help you recognize if your employer crosses the line:
- Right to File a Claim Without Reprisal: You have the right to report a workplace injury and file a workers’ compensation claim. Your employer cannot prevent or discourage you from filing an injury report or claim. They also cannot retaliate against you for pursuing the benefits you’re entitled to. Any attempt to coerce, intimidate, or fire you for filing a claim is illegal.
- Right to Medical Treatment and Benefits: If you’re eligible for workers’ comp, you are entitled to have your medical treatment and a portion of lost wages covered according to Nevada law. Your employer cannot interfere with your access to treatment or benefits.
- Right to Stay Home Until You’re Medically Cleared: If your doctor says you cannot work (temporary total disability) or can only work with restrictions (light duty), your employer cannot force you to return to full duty work that exceeds those medical limitations. Pressuring an injured worker to come back before they are medically cleared is not only harmful, it can be evidence of retaliation.
- Right to Reasonable Accommodations (ADA): Sometimes a work injury results in a lasting impairment or disability. If you can still perform your job with some adjustments, the Americans with Disabilities Act (ADA) and Nevada’s anti-discrimination laws come into play. Your employer may be required to provide reasonable accommodations to help you do your job after injury. They cannot simply fire you because you requested accommodations or have a disability related to a work injury.
These legal protections underscore that your injury should not cost you your job or your livelihood. If an employer retaliates anyway, they can face serious consequences. You may have the right to pursue a wrongful termination or retaliation claim against them.
Can My Employer Fire Me for Other Reasons While I’m on Workers’ Comp?
Many injured employees ask, “If I’m on workers’ comp, can I still be fired for reasons unrelated to my injury?” The answer is generally yes, being on workers’ comp doesn’t make you untouchable to all forms of termination. What the law prohibits is firing because of the injury or claim, but if there are independent grounds for termination, an employer retains the right to act on those.
Some examples of legitimate (non-retaliatory) reasons an employer might lawfully fire someone who has an ongoing workers’ comp claim include:
- Company Layoffs or Closure: If your company is doing layoffs, eliminating your department, or shutting down entirely, your injury status doesn’t exempt you from a layoff.
- Unrelated Performance Issues: If you had a track record of poor job performance or excessive unexcused absences prior to your injury, the employer can terminate you on those grounds with documentation. It’s illegal, however, if they only started criticizing your performance after your injury as a pretext.
- Misconduct or Policy Violations: An employer can fire an injured worker for workplace misconduct that has nothing to do with the injury. However, they cannot fabricate a misconduct claim just to retaliate, they would need a genuine reason and proof.
The bottom line is that your employer can terminate you for legitimate, non-discriminatory, non-retaliatory reasons even while you have a workers’ comp claim open. However, because the situation can be easily abused, any firing that happens during a workers’ comp case will be viewed with some scrutiny.
Tip: If you suspect the reason given for your firing is just a cover, pay attention to the details. Was the policy you allegedly violated enforced consistently with other employees? Were you suddenly written up for trivial issues after your injury? The timing and context matter. Don’t hesitate to consult a Las Vegas work injury attorney if things don’t add up.
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Job Protection During Workers’ Comp Leave
Workers’ compensation laws in Nevada do not guarantee indefinite job protection. Unlike the Family and Medical Leave Act, workers’ comp itself doesn’t force an employer to hold your position open forever.
However, there are important considerations:
- Duration of Leave: If your injury recovery is short-term, most employers will allow you to return to your same job without issue. If your recovery is prolonged and you cannot perform your essential duties during that time, the employer may eventually need to fill your role. Nevada law does not require them to keep your exact position open indefinitely if you cannot work.
- Maximum Medical Improvement (MMI): Often, a key point is when you reach MMI. At that point, if you can’t return to your old job duties even with accommodations, the employer might decide to terminate employment. Prior to MMI, while you are actively treating and expected to recover, employers are generally encouraged to give you time and perhaps light-duty work rather than simply firing you.
- Light Duty and Transitional Work: If your doctor has you on light-duty restrictions, your employer may offer a light-duty position temporarily. Employers should not fire you simply because you’re on light duty or can’t immediately return to 100%. If they truly have no light-duty work available and must terminate, they should document that it’s due to inability to accommodate the restrictions.
In summary, job protection under workers’ comp is a gray area. There’s no absolute right to return to the exact same job in every scenario. But you are protected from being fired for the wrong reasons and you may have protection under disability laws if you can still do the work with adjustments.
Will I Lose My Workers’ Compensation Benefits If I’m Fired?
One comforting fact for injured workers is that your entitlement to workers’ comp benefits typically continues even if your job is terminated. Workers’ compensation is a form of insurance that covers your injury; it does not depend on your continued employment. So, even if you are fired while still injured, you generally still have the right to receive medical treatment and disability payments until you recover.
Important Exception: Under Nevada law, temporary total disability benefits may be suspended if an employee is terminated for misconduct that is found to be the true cause of the wage loss, rather than the work injury itself. The insurer must demonstrate that misconduct was the sole reason for discharge and that the firing is the true cause you can’t return to work. The burden is on the insurer/employer to prove misconduct. This rule typically applies to wage loss payments; you should still receive medical coverage for your injury regardless.
For most injured workers who are fired, if you were not fired for serious misconduct, your benefits should remain intact. Always inform the workers’ comp adjuster if you are fired or laid off. If an insurer tries to cut off your benefits claiming misconduct, get a workers’ comp attorney immediately.
What to Do if You Suspect Retaliation
If you believe you were fired or penalized at work because of your workplace injury or workers’ comp claim, take action promptly:
- Document Everything: Write down key events and conversations. Save any relevant emails, write-ups, or texts. If your performance reviews went from good to bad right after the injury, those documents are important. This record will help demonstrate the pattern of retaliation.
- Consult an Experienced Attorney: Retaliation and wrongful termination cases can be legally complex. Speak with a Nevada workers’ compensation attorney who has experience with workers’ comp retaliation. You may have grounds to file a lawsuit for wrongful termination in violation of public policy. An attorney can help you gather evidence and negotiate or litigate for damages such as lost wages, benefits, and emotional distress. Remember: you can pursue a retaliation lawsuit in addition to your workers’ comp claim.
- Don’t Sign Away Your Rights: If the employer offers you a severance or asks you to sign something after your termination, be cautious. Do not sign any release regarding your firing without legal advice. You could be waiving your right to sue.
- Continue Your Workers’ Comp Claim: Being fired does not mean you should drop your workers’ comp case. Continue getting medical treatment and follow the claims process.
Facing a retaliatory firing is stressful, and it’s precisely the kind of treatment Nevada law aims to prevent. If you find yourself in this situation, know that you have rights and you don’t have to fight alone.
FAQ: Fired While on Workers’ Comp in Nevada
Q: Can my employer really fire me while I’m out on a workers’ comp claim?
A: They can, but not because of your claim. In Nevada, you can be terminated for legitimate reasons unrelated to your injury at any time. However, it is illegal for an employer to fire you simply for filing a workers’ compensation claim or for being injured at work.
Q: Do I still get workers’ comp benefits if I was fired?
A: In most cases, yes. You are entitled to continue receiving authorized medical care and wage loss benefits even if your employer terminates you during the claim. An important exception applies if you were fired for proven gross misconduct unrelated to the injury.
Q: My boss fired me one week after I got hurt and filed my claim. They said it was for “poor performance.” I never had bad reviews before. What can I do?
A: This raises red flags for retaliation. Sudden accusations of poor performance post-injury suggest the reason might be pretextual. You should consult a workers’ comp retaliation lawyer in Nevada as soon as possible. The quick firing after filing is often not a coincidence, and the law is on your side.
Q: Does my employer have to give me my job back once I’m healed?
A: Not necessarily. If you recover quickly and can return to full duty, most employers will return you to the same position. If you were on an extended leave, your position might have been filled or eliminated. However, under the ADA, if you can perform essential job functions with reasonable accommodation, your employer should consider bringing you back.
Facing an injury at work is challenging enough; you shouldn’t have to fear for your job on top of it. Remember that Nevada law protects workers from retaliation for getting hurt and claiming the benefits you deserve. While an employer might have valid reasons for a termination, they cannot use your workers’ comp claim as a reason to fire you. If you believe that happened to you, know your rights and seek guidance.
Protecting injured workers is a core part of what we do at Shook & Stone. With the right information and support, you can focus on your recovery without losing the job protections and benefits you’re entitled to under the law.
If you’re facing termination while on workers’ compensation in Nevada, it’s time to take action. Shook & Stone can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (702) 570-0000 to discuss your situation today. Let’s work together to secure your financial future.
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