Yes, Reno construction workers can file a third-party claim after a work injury, potentially increasing their total compensation. Nevada law allows injured workers to collect workers’ compensation benefits while pursuing a separate civil lawsuit against a negligent party other than their employer. For construction workers, this dual-path approach is especially important since job sites often involve multiple contractors, equipment manufacturers, property owners, and other parties whose negligence may have contributed to the accident.
If you have been injured on a Reno construction site, the attorneys at Shook and Stone are here to help you understand your rights. Contact us today by calling 702-570-0000 or reaching out through our contact page to discuss your situation.
Nevada’s No-Fault Workers’ Compensation System, Explained
Workers’ compensation in Nevada is a no-fault insurance plan that provides guaranteed financial payments for work-related injuries and illnesses. An injured construction worker generally does not need to prove negligence to receive benefits. In exchange for this protection, the injured worker gives up the right to sue the employer on a theory of negligence. Nevada workers’ comp benefits include lost wages through temporary disability payments, medical bills, and permanent disability payments.
Almost all Nevada employers are required to carry workers’ compensation insurance. If an employer lacks coverage, the injured worker may have the right to file a civil lawsuit against that employer directly. Because workers’ compensation only addresses the employer relationship, injuries caused by other negligent parties may still give rise to separate legal claims.
When Workers’ Comp Is Not Enough: Understanding Third-Party Claims
Nevada law explicitly allows injured workers to pursue third-party claims against parties other than their employer while still receiving workers’ compensation benefits. Under Nevada Revised Statutes (NRS) 616C.215(5), the workers’ compensation insurer has a lien upon the total proceeds of any recovery from a person other than the employer. For more information on situations where workers’ comp coverage alone may fall short, construction accident claims in Nevada can provide important context.
A third-party claim is a separate personal injury lawsuit filed against a negligent party who is not the injured worker’s direct employer. In the construction industry, these claims are common because job sites frequently involve general contractors, subcontractors, property owners, equipment manufacturers, and other entities whose negligence may have caused or contributed to the injury.
đź’ˇ Pro Tip: Document everything at the accident scene, including photographs, witness contact information, and equipment details. This information is critical when pursuing both a workers’ comp claim and a third-party lawsuit.
Who May Qualify as a Third Party in a Construction Injury?
Potential third parties in a Reno construction injury case may include property owners, equipment manufacturers, subcontractors, or negligent drivers involved in job-site vehicle accidents. For example, if a construction worker is injured in a motor vehicle accident while working, both a workers’ compensation claim and a third-party claim against the at-fault driver may be available.
Safety Rule Violations and Their Impact on Your Claim
Under Nevada law, workers’ compensation benefits may be denied or reduced in specific circumstances set forth in NRS 616C.230. Compensation is generally not payable for injuries caused by an employee’s willful intention to injure themselves or another, or when an injury is proximately caused by the employee’s intoxication or unlawful use of a controlled substance. While workers’ compensation is generally no-fault, these statutory exceptions can introduce complications, particularly when third-party negligence claims are also in play.
How Nevada’s Comparative Negligence Rules Affect Your Third-Party Claim
Nevada follows a modified comparative negligence model that can affect how much an injured worker recovers in a third-party lawsuit. Under Nevada Revised Statutes (NRS) 41.141, a plaintiff’s comparative negligence does not bar recovery if their negligence was not greater than the defendant’s negligence. According to the comparative negligence laws 50-state survey, Nevada uses a modified comparative negligence model with a 51% bar. This means a Reno construction worker filing a third-party claim can still recover damages as long as their own fault does not exceed 50%.
If a court or jury finds the injured worker partially at fault, their damages award will be reduced in proportion to their percentage of fault. For example, if a worker is found 20% at fault and total damages are $100,000, they would recover $80,000. If the worker is found 51% or more at fault, they may be barred from recovery entirely.
đź’ˇ Pro Tip: Comparative fault arguments are commonly raised by insurance companies in third-party construction injury cases. A work injury attorney in Reno, Nevada can help counter unfair fault allocations.
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How the Workers’ Comp Lien Works After a Third-Party Settlement
When an injured worker recovers money through a third-party lawsuit or settlement, Nevada law requires that the workers’ compensation insurer be reimbursed for benefits already paid. NRS 616C.215(5) mandates that the insurer collect from the total proceeds of any recovery. However, under NRS 616C.215(7), enacted through Nevada Senate Bill 258 effective May 31, 2025, the insurer’s lien is now capped at the lesser of the full lien amount or one-third of the total recovery. If the one-third cap applies, the lien is further reduced by 50% of the injured worker’s reasonable litigation expenses, as discussed in Nevada appellate court summaries.
This lien requirement means that injured workers should carefully account for the insurer’s interest before finalizing any third-party settlement. Failing to address the lien properly can create legal and financial complications.
Reopening a Workers’ Comp Claim After a Third-Party Settlement
After receiving a third-party settlement and reimbursing the insurer, a worker in Nevada may later request that the insurer reopen the workers’ compensation claim. However, insurers have sometimes denied such requests on the basis that the worker must first exhaust the third-party settlement proceeds. This is a contested area of Nevada workers’ compensation law, and the outcome may depend on the specific facts.
đź’ˇ Pro Tip: If you receive a third-party settlement, do not assume your workers’ compensation case is permanently closed. You may still be able to seek additional benefits if your medical condition changes.
Nevada’s Statute of Limitations: Act Before Your Deadline
Construction workers in Reno considering a third-party personal injury lawsuit must be aware of Nevada’s statute of limitations. Nevada imposes a 2-year statute of limitations for personal injury claims (NRS 11.190(4)(e)) and a 3-year statute of limitations for property damage claims (NRS 11.190(3)(c)). An injured worker typically has two years from the date of the injury to file a third-party civil lawsuit for personal injuries, and missing this deadline can permanently bar the right to seek compensation for those injuries.
The workers’ compensation claims process operates under separate administrative deadlines that are distinct from the civil statute of limitations. Workers should not assume that filing a workers’ comp claim pauses or tolls the deadline for a third-party lawsuit.
đź’ˇ Pro Tip: The 2-year period may begin from different dates depending on the specific facts. Do not delay in seeking legal guidance.
Why Reno Construction Workers Should Consult a Reno Workers Compensation Attorney
Navigating both a workers’ compensation claim and a third-party lawsuit simultaneously involves complex legal issues that can significantly affect total recovery. An experienced Reno workers compensation attorney can help injured construction workers understand their rights, properly manage the insurer’s lien, and pursue maximum compensation across both legal avenues.
Nevada workers’ compensation and third-party personal injury law involve overlapping timelines, lien obligations, and comparative fault rules. The following summary outlines key legal elements construction workers in Reno should understand:
| Legal Issue | Key Rule | Governing Authority |
|---|---|---|
| Third-Party Claim Eligibility | Workers can sue non-employer third parties | NRS 616C.215(5) |
| Workers’ Comp Lien | Capped at lesser of full lien or one-third of total recovery; further reduced by 50% of litigation costs if cap applies | NRS 616C.215(5) and (7) |
| Comparative Negligence Bar | Recovery barred if worker is 51%+ at fault | NRS 41.141 |
| Statute of Limitations | Generally 2 years for personal injury claims (3 years for property damage) | Nevada state law |
| Exclusive Remedy Doctrine | Workers’ comp is the only remedy against the employer | Nevada workers’ comp law |
Frequently Asked Questions
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Can I file a third-party claim and still receive workers’ compensation in Nevada?
Yes. Nevada law under NRS 616C.215(5) allows an injured worker to pursue a third-party claim against a negligent non-employer party while continuing to receive workers’ compensation benefits. However, any recovery from the third-party claim will be subject to the insurer’s lien for benefits already paid, subject to the cap and cost-reduction provisions under NRS 616C.215(7).
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What types of construction injuries commonly give rise to third-party claims in Reno?
Third-party claims may arise from motor vehicle accidents involving a negligent driver, defective equipment manufactured by a third party, dangerous property conditions created by a property owner, or negligent acts of a subcontractor or general contractor who is not the injured worker’s direct employer.
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How does Nevada’s 51% comparative negligence rule affect my construction injury claim?
Under NRS 41.141, if you are found to be 51% or more at fault for the accident, you may be barred from recovering damages in a third-party lawsuit. If your fault is 50% or less, your recovery will be reduced in proportion to your percentage of fault.
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What happens to my workers’ compensation benefits if I settle a third-party claim?
After settling a third-party claim, you must reimburse the workers’ compensation insurer for benefits already paid. Under NRS 616C.215(5) and (7), the lien is capped at the lesser of the full lien amount or one-third of the total recovery, with a further reduction for litigation costs if the cap applies. You may later be eligible to reopen your workers’ compensation claim if your condition changes.
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How long do I have to file a third-party claim after a Reno construction accident?
Nevada generally applies a 2-year statute of limitations to personal injury claims, meaning you typically have two years from the date of the injury to file a third-party civil lawsuit. Administrative workers’ compensation deadlines are separate. Consult an attorney as soon as possible after a construction accident.
Protecting Your Right to Full Compensation After a Construction Injury
Reno construction workers who suffer on-the-job injuries may have access to more than one avenue for compensation. Nevada’s workers’ compensation system provides important no-fault protections, but third-party claims against negligent non-employers can offer additional recovery, including compensation for noneconomic damages like pain and suffering that workers’ comp does not cover. Managing both simultaneously requires understanding NRS 616C.215(5) and (7), NRS 41.141, the insurer’s lien rights, and Nevada’s statute of limitations.
At Shook and Stone, our team is committed to helping injured Reno workers pursue the full compensation they may be entitled to. If you or a loved one has been injured on a construction site, call us today at 702-570-0000 or contact us online to get started.
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