100% Free Consultation

Injured on the Job: Who do you Sue?

Facebook
Twitter
LinkedIn

By: Kevin D. Kampschror

When you get injured on the job in Nevada, you file a C-4 form within ninety (90) days which is a claim for compensation. The doctor you see will fill out the bottom half, and you will fill out the top half. The doctor who sees you will send the C-4 to the appropriate insurance company of your employer. Without the C-4, there is no claim and you cannot receive any benefits.

One of the biggest questions injured workers have when they file a claim is who are they suing? Are they suing the employer, the insurance company? The answer is neither. In fact, you are not able to sue your employer for work injuries because any injuries that result from work are limited to those benefits outlined by the legislature. See NRS 616A.010; NRS 616A.020. Injured workers have an exclusive remedy to recover for their injuries at work and that is the workers’ compensation system. Conway v. Circus Casinos, 116 Nev. 870 (2000). Therefore, even if your employer was negligent, you cannot sue them.

If you hire an attorney, who will they sue? The attorney is not going to be suing anyone either, not even the insurance company. If the insurer has denied benefits, or there is a dispute about benefits, the attorney will file appeals on your behalf with the hearings division of the department of administration. The attorney will represent you in front of the Hearing Officer and Appeals Officer if applicable. The attorney will also ensure you receive all benefits you are entitled to under the law.

If you do not hire an attorney, there is no guarantee you will receive all of your benefits because insurance companies are not lawyers, and it is not their role to advise you how the law works. Moreover, many if not most people do not understand how the determination letters and appeals process works in workers’ compensation. Because of that, many unrepresented injured workers potentially leave money on the table that they are entitled to.

Workers’ compensation is a very specialized area of law you should not attempt to do on your own. This could literally be very hazardous to your health, and your wealth. 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...