100% Free Consultation

Injured at Work: Can I Sue my Employer?

Facebook
Twitter
LinkedIn

This is one of the most common questions asked when people are injured on the job. The question seems basic, but actually has a two-part answer. The first part is belying a myth about workers’ compensation. You do not ever sue anyone! Not the employer, not the insurance company. A workers’ compensation attorney will act as a guide to make sure you receive all benefits you are entitled to, and litigate the issues in court if necessary. Unlike other civil litigation (for example a car accident, slip and fall, or other injury outside of work), workers’ compensation does not include filing a complaint in district court. But see NRS 233B.100.

Next, Nevada has adopted the exclusive remedy rule in regards to whether an injured worker can actually sue their own employer for the injuries they sustained at work. What that means is that injured workers cannot sue their own employers for their injuries or illnesses in addition to collecting workers’ compensation benefits. NRS 616A.010; NRS 616A.020; Conway v. Circus Casinos, 116 Nev. 870 (2000). In laymen’s terms, the injured worker has one bite at the apple in order to recover for their workplace injuries or illnesses, and that is generally through workers’ compensation insurance their employer carries.

As with many areas of law, there are exceptions to the exclusive remedy rule. See GES v. Corbitt, 117 Nev. 265 (2000). For example, if the injured worker is injured at work by a third party other than the employer or a fellow co-employee, the injured worker may have a personal injury case against that person or company. However, again like other areas within workers’ compensation, the law is quite complex on who is considered a co-employee, contractor, sub-contractor, or even employer. See Richards v. Republic Silver State Disposal, 122 Nev. 1213 (2006). An experienced workers compensation attorney will be able to advise you on whether your case would be an exception to the exclusive remedy rule.

This is not an area of law you should tackle yourself, nor is any part of workers’ compensation. Therefore, it is advised you seek an experienced attorney who is able to assist in obtaining all benefits that you are entitled to under Nevada law.

Recent Posts

24% Increase in Las Vegas Traffic Fatalities in 2022

April 26, 2022

With the rise of another wave of COVID-19 and rising inflation. Las Vegas, has become...

What are the qualities of the best car accident lawyer?

April 26, 2022

Searching Las Vegas for the Best Car Accident Lawyers can be a daunting task, there...

The Dark Side of The Fender Bender

April 20, 2022

Las Vegas Strip is known for it’s nightlife, but what happens when the party ends...

What Should I Do After I Am Injured Doing Construction Work?

April 11, 2022

On March 31, 2022, Metro Police responded to a workplace fatality on Kyle Canyon Road. ...

What can I do if My Employer Does Not Have Workers’ Compensation Insurance in Nevada?

February 3, 2022

Nevada employers are mandated to maintain current workers’ compensation insurance by law. Workers’ compensation insurance...