Workers’ Compensation: Not a Civil Affair

The workers’ compensation act was passed in response to perceived inefficiencies and inequities of the law in providing remedies for injuries in the workplace. Previously, an employee’s only recourse for on-the-job injuries was to sue his or her employer. The employee was required to prove that the employer was negligent and that this negligence caused the worker’s injury and that he himself was not negligent. The system was regarded as slow, costly and unfair to many workers.

In response, the Nevada Legislature passed the Nevada Industrial Insurance Act. It was designed to ensure the “quick and efficient payment of compensation to injured and disabled employees at a reasonable cost to the employers.” Nevada Revised Statutes (NRS) 616A.010.

This “no fault” system is the exclusive remedy for work-related injuries in Nevada. Under this system, in exchange for limited liability, the employer pays some claims for which it would not have been liable previously. Employees, on the other hand, gave up the right to pursue many remedies, like compensation for pain and suffering, in exchange for sure and certain relief.

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