What Happens if a Las Vegas Employer Has No Workers’ Comp?

If you were hurt on the job in Las Vegas and your employer does not carry workers’ compensation insurance, you are not without options. Nevada law requires virtually every private employer to maintain coverage, and when they fail to do so, injured workers may pursue legal remedies beyond the standard workers’ comp process. Understanding your rights in this situation can make the difference between receiving fair compensation and being left with mounting medical bills.

If you were injured at work and believe your employer lacks proper coverage, Shook and Stone can help you understand your next steps. Call 702-570-0000 or reach out online today to discuss your situation.

Nevada Workers Comp Requirements Every Employee Should Know

Nevada requires all private employers with one or more employees to obtain and maintain workers’ compensation insurance, unless a specific statute excludes the employer from this requirement. Whether you work in a casino, on a construction site, at an Amazon warehouse, or for a delivery company, your employer is legally obligated to carry coverage. The requirement applies across industries and covers both full-time and part-time workers. Limited exceptions exist under NRS 616A.110, including certain casual employment, domestic service, agricultural labor, and employees covered by qualifying pre-existing disability plans.

Workers’ compensation in Nevada operates as a no-fault, exclusive remedy system. Injured workers do not need to prove employer negligence to receive benefits. In exchange, employees generally give up the right to sue their employer for negligence related to the workplace injury. Employers who provide coverage are protected from additional damages for on-the-job injuries. This trade-off is the foundation of the workers’ comp system under Nevada’s industrial insurance statutes.

What Workers’ Comp Typically Covers

When an employer carries proper insurance, injured workers may be entitled to several categories of benefits. Financial compensation generally includes lost wages through temporary disability payments, medical bills, and permanent disability payments. Temporary Total Disability (TTD) benefits pay 66⅔% of the injured worker’s average monthly wage, subject to statutory maximums.

• Medical expenses: Treatment coverage related to the workplace injury
• Temporary disability payments: Partial wage replacement during recovery
• Permanent disability payments: Awards for lasting impairment based on impairment rating, average monthly wage, and age
• Claim reopening: Nevada law permits claim reopening if the condition worsens, subject to requirements in NRS 616C.390

💡 Pro Tip: Document everything from the moment you are injured, including photographs, witness names, and written incident reports. This evidence may prove critical whether your claim goes through workers’ comp or a civil lawsuit.

Need Legal Help?

We’re here to guide you and fight for the benefits you deserve. (702) 570-0000

What Happens When a Las Vegas Employer Has No Insurance

If your Las Vegas employer does not carry workers’ compensation insurance, they are likely breaking state law. Almost all employers in Nevada are required to have this coverage, and failure to maintain it exposes both the employer and injured worker to a very different legal landscape.

When an employer is uninsured, the usual exclusive remedy rule no longer shields them from a civil lawsuit. Because the employer failed to hold up their end of the bargain, the injured worker has the right to file a lawsuit in civil court. Instead of being limited to workers’ comp benefits, you may pursue broader damages in a Las Vegas workers compensation lawsuit.

The Uninsured Employers’ Claim Account

Nevada has established a safety net for workers injured while employed by uninsured employers. Under NRS 616A.430, the state maintains an Uninsured Employers’ Claim Account in the State Treasury, within the Fund for Workers’ Compensation and Safety. This account is used for making payments to injured workers in accordance with NRS 616C.220 and NRS 617.401.

All assessments, penalties, bonds, securities, and other properties collected from uninsured employers are delivered to the State Treasurer for this account. If you need guidance on what to do when your employer lacks coverage, understanding the uninsured employer process in Nevada is essential.

💡 Pro Tip: Even if your employer claims they are not required to carry workers’ comp, do not take their word for it. Verify their coverage status through the Nevada Division of Industrial Relations or consult with an attorney.

The Compensation Benefits You Deserve

We’ll help you win the benefits you need to get your life back. (702) 570-0000

Filing a Las Vegas Workers Compensation Lawsuit Against an Uninsured Employer

When your employer lacks workers’ comp, you may have the right to file a civil lawsuit to pursue compensation for your work injury. This path offers advantages over the traditional workers’ comp process. In a civil case, you are not limited to statutory benefit formulas. You may seek full recovery of lost wages, medical expenses, pain and suffering, and other damages that workers’ comp would not typically cover.

However, a civil lawsuit also comes with different burdens and timelines. Unlike the no-fault workers’ comp system, a negligence-based civil claim generally requires you to establish that the employer’s conduct contributed to your injury. Statutes of limitations apply, and courts interpret deadline extensions narrowly.

💡 Pro Tip: Keep in mind that a workers’ compensation award can be reduced if the worker failed to follow safety rules or applicable laws. This principle may also be relevant in civil litigation, so always follow workplace safety protocols.

Employer Penalties for Failing to Carry Workers’ Comp in Nevada

Employers who operate without workers’ compensation insurance face serious financial and legal consequences. Nevada enforces its coverage requirements through multiple mechanisms designed to protect workers and deter non-compliance.

Fines and Administrative Penalties

Employers who fail to timely file required forms, such as the C-3, may face fines of up to $1,000 per occurrence. Employers who fail to obtain or maintain workers’ compensation insurance may face fines up to $15,000, premium penalties, and potentially an order to cease business operations until compliant. In cases involving serious injury or death resulting from lack of coverage, the employer may also face criminal penalties under NRS 616D.200. Separately, Nevada OSHA penalties for workplace safety violations can compound an employer’s exposure, with willful violations carrying penalties up to $165,514 and serious violations up to $16,550 per violation (as of January 15, 2025).

Financial Exposure for the Employer

An uninsured employer loses the protection that the exclusive remedy system provides. This means the employer may be held personally liable in a civil lawsuit for the full extent of the injured worker’s damages. The financial exposure can be significant, particularly in cases involving severe injuries common in construction, warehouse, and hospitality work.

💡 Pro Tip: If you suspect your employer is uninsured, report the situation to the Nevada Division of Industrial Relations. You may be protecting not only yourself but also your coworkers from being left without coverage after a future injury.

Protecting Your Rights as an Injured Worker in Las Vegas

Time is critical after a workplace injury, especially when your employer may not have insurance. Taking prompt action helps preserve your legal options whether your case proceeds through the administrative workers’ comp process or through a civil lawsuit.

Steps to Take After a Work Injury With No Coverage

Report your injury to your employer in writing as soon as possible. Even if your employer does not have insurance, creating a written record of the injury and how it occurred is important. Seek medical treatment right away, and make sure your healthcare provider knows the injury is work-related.

• Report the injury promptly in writing to your employer
• Seek medical care and inform the provider your injury is work-related
• Document everything, including photos, witness information, and your written account
• Contact an attorney experienced in Las Vegas injured worker rights
• Do not sign anything from your employer without legal review

💡 Pro Tip: Nevada law permits injured workers to request reopening of a workers’ compensation claim if they can demonstrate their condition has worsened, subject to the requirements of NRS 616C.390. Even if you settled or closed a claim, this option may still be available.

Frequently Asked Questions

1. Can I sue my employer in Las Vegas if they do not have workers’ comp?

Yes, in many cases you can. If a Nevada employer does not carry workers’ compensation insurance, they lose the exclusive remedy protection that normally prevents employees from filing a lawsuit. The injured worker may have the right to file a civil lawsuit to recover damages for the workplace injury.

2. What benefits does workers’ compensation typically provide in Nevada?

Workers’ comp generally covers medical bills, temporary disability payments, and permanent disability awards. TTD benefits pay 66⅔% of the injured worker’s average monthly wage, subject to statutory maximums. Nevada law also permits claim reopening if the condition has worsened, subject to NRS 616C.390.

3. What penalties does a Las Vegas employer face for not carrying workers’ comp?

Uninsured employers face fines, civil liability, and potential criminal penalties. Fines for failure to file required forms can reach $1,000 per occurrence, and employers who fail to maintain coverage may face penalties up to $15,000 and an order to cease operations. Nevada OSHA penalties for workplace safety violations can reach $165,514 for willful violations and $16,550 for serious violations. The employer also becomes personally exposed to a civil lawsuit from the injured worker.

4. What is the Uninsured Employers’ Claim Account in Nevada?

It is a state fund established under NRS 616A.430 to pay benefits to workers injured by uninsured employers. The account is maintained in the State Treasury and funded through assessments, penalties, and bonds collected from non-compliant employers.

5. Do I need a lawyer if my employer does not have workers’ comp insurance?

While not legally required, working with an attorney experienced in this area can be highly valuable. A work injury lawyer in Las Vegas can help you navigate the differences between a workers’ comp claim and a civil lawsuit, meet critical deadlines, and pursue maximum recovery.

Take Action to Protect Your Rights After a Las Vegas Work Injury

Being injured on the job is stressful enough without discovering that your employer failed to carry the insurance Nevada law requires. Whether you are navigating the uninsured employer process, considering a Las Vegas workers compensation lawsuit, or trying to understand what benefits you may be entitled to, getting the right information early matters.

The team at Shook and Stone is ready to help you understand your options and fight for the compensation you deserve. Call 702-570-0000 or contact us today for a case evaluation.