100% Free Consultation

Were You Really “At Work” When You Got Injured?


Here is hypothetical #1. You are a black jack dealer, and you are about to go on one of your many 20-minute breaks throughout your shift. You ascend down the escalator to the employee dining room and your foot gives way for some unknown reason, and you fall down the stairs. You are injured, including a sprained ankle and a tear within your knee.

Here is hypothetical #2. You are a poker dealer and you are walking in the hallway at work. While walking in the hallway, you collapse (which later turns out to be related to your disease MS). You are injured, including a sprained ankle and a tear within your knee.

Both injuries have occurred “at work,” both with very different outcomes. Hypo #1 is compensable as a workplace injury ( see Rio v. Phillips), while Hypo #2 is not ( see Rio v. Gorsky). Why? Both times you were “at work.” There is a legal definition about whether an injury arose out of and in the course of your employment (i.e. “at work”). See NRS 616C.150.

In other words, the law will likely define whether or not you were “at work.” Merely being there does not automatically make an injury at work compensable. There must be some sort of increased risk, created by the employer, which caused the injury in order to make it compensable. Simply being at work and suffering an injury may not be enough.

This is a very complicated area of law that requires consultation with an attorney in order to get the benefits you are entitled to under the law. If you have been injured “at work,” it is imperative that you consult with a Las Vegas workers’ compensation attorney from Shook & Stone as soon as possible.

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...