Workers’ Compensation: Not a Civil Affair

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.

factory workerWhat benefits does a worker’s comp policy offer?

Nevada requires most employers to have worker’s compensation insurance, which protects employees in case of work-related injuries or illnesses. Knowing the benefits is important for proper compensation.

  • Medical Benefits: Worker’s compensation insurance covers the cost of medical treatment, hospitalization, and rehabilitation of employees who are injured or become ill as a result of their job.
  • Disability Benefits: If an employee is unable to work as a result of their injury or illness, worker’s compensation insurance provides temporary or permanent disability benefits to replace lost wages.
  • Death Benefits: If an employee dies as a result of a work-related injury or illness, worker’s compensation insurance provides death benefits to dependents or beneficiaries.
  • Vocational Rehabilitation: If an employee is unable to return to their previous job due to their injury or illness, worker’s compensation insurance may provide vocational rehabilitation services to help them find a new job.
  • Legal Benefits: Worker’s compensation insurance also provides legal benefits, including coverage for legal fees and representation in cases where disputes arise.

When does an employer need a worker’s comp policy?

Under the Nevada Industrial Insurance Act, most employers are required to provide worker’s compensation insurance coverage for their employees. Employers with three or more workers must provide coverage. Employers with fewer than three workers must obtain coverage if they work in hazardous occupations.

The requirements for hazardous occupations vary by state, so employers should check with their state’s labor department for specific requirements.

Workers’ Compensation and Civil Liability Cross-Over Claims

When an employee gets injured or becomes ill while on the job, they are entitled to workers’ compensation benefits from their employer. However, in some cases, the employee may also have a civil liability claim against a third party responsible for their injury or illness, such as a manufacturer of a defective product that caused the injury.

These cross-over claims can be complex and require careful analysis to determine which party is responsible for the damages. It’s important for employers to have proper insurance coverage and for employees to work with experienced attorneys to ensure they receive all the compensation they are entitled to.

What happens when employers fail to carry insurance?

When employers fail to carry workers’ compensation insurance, they can face serious legal and financial consequences. If an employee is injured or becomes ill due to their job, the employer can be held liable for any medical expenses or lost wages resulting from the injury or illness.

In addition, employers can face fines, punitive damages, and even criminal charges if they are found guilty of willfully failing to provide coverage.

Hire an Experienced Workers’ Compensation Law Attorney

Workers’ compensation is an important benefit for employees and employers alike, as it provides essential financial protection in the event of a job-related injury or illness. Employers should provide insurance carrier that covers workers’ compensation benefits, and employees should be aware of their rights and work with experienced attorneys to ensure they receive the full level of compensation they are entitled to if injured.

Don’t suffer in silence! Get in touch with us by calling (702) 570-0000 for a complimentary consultation with an experienced Nevada workers’ compensation lawyer and discover how workers’ compensation can work wonders for you.