If you were injured on the job, you cannot sue your employer directly for the losses you have, but you can file a workers’ compensation claim to recover your medical losses and a portion of your lost wages in many cases.
In some cases, you can file a lawsuit against a third party that contributed to your accident and injuries, if applicable, to seek compensation.
These can be complex cases that require careful understanding of the laws and the details of the incident. As always, speak with a Las Vegas work injury lawyer about your case.
You Cannot Sue Your Employer
In Nevada, most employers must maintain workers’ compensation coverage, a type of insurance policy that pays for the medical costs and some of the lost wages for injuries that happen on the job. You do not have to prove that your employer was negligent to receive these benefits, but instead must show that the accident or injuries resulted while working.
The law does not allow workers to sue their employers because of this protection through workers’ compensation. This is called the exclusive remedy rule, which protects employers from claims made against them due to hurt workers. Because employers must carry workers’ compensation, this rule applies.
You can file a workers’ compensation claim for the medical expenses you have related to your work injury. In addition, if you are unable to work for a period of time that is long enough, you may qualify for workers’ compensation that is equal to two-thirds of your average earnings.
In some situations, such as when you cannot go back to work, you may be able to seek disability benefits due to your injuries and ongoing losses. Talk to a Las Vegas workers’ compensation lawyer today.
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You Can Sue a Third Party That Caused Your Accident
In some situations, your employer may not be responsible for the accident, but a third party could be. If you can demonstrate that a third party is at fault, you can file a lawsuit against them or seek a claim through their liability insurance for your losses, including medical expenses, lost wages, and pain and suffering.
Consider some examples of third parties that may be responsible for your work injury:
- Other drivers. If you are working and in a car accident caused by another driver, you may be able to file a claim against that driver’s insurance to hold them accountable for your losses. You will need to substantiate that the other party caused your accident and resulting injuries.
- A subcontractor. If you are working and suffer an injury due to the negligence of a subcontractor, such as an electrician or plumber who provided services at your place of employment, they could be responsible for your injuries. You must prove that their actions were the direct cause of your accident and injuries.
- A manufacturer of a product. In some situations, a worker may suffer injuries from a defective product or piece of equipment. In these situations, if you can prove that the manufacturer was at fault, such as due to defective design, manufacturing, or a lack of safety guidance, you may file a lawsuit against those parties.
- A property owner on a jobsite. If you are working at a person’s home or a business location not affiliated with your employer, and suffer an injury because of the unsafe conditions there, you may be able to file a lawsuit against that party. You must demonstrate that the party knew or should have known of the risk and failed to warn you.
- Maintenance or service companies. If a maintenance company failed to do its job or a service company’s technician caused an unsafe condition, you can file a lawsuit against that party for your losses if they were the direct cause of your injuries. This is common in situations where employers have certified contractors come to the location to maintain equipment.
In each of these situations, the burden of proof is on your shoulders. That means you must demonstrate that the other party owed you a duty of care, violated that duty of care in some way, and caused the accident that ultimately led to your injuries.
These can be complex cases, but with the help of a local attorney, you increase your chances of pursuing a lawsuit after being hurt on the job.
Suing Your Employer for Lack of Workers’ Compensation Coverage
Nevada’s workers’ compensation laws (Employee Guide to Workers’ Compensation) clearly require most employers to obtain coverage. This applies to almost all employers that have at least one employee. It is applicable to private companies, public organizations, and others. One limitation arises when the company has a casual employment relationship, meaning it lasts less than 20 days and has a total labor cost of under $500.
Employers must provide workers’ compensation for all employees. That includes both part-time employees and full-time employees. This also includes all minors and undocumented workers. It does not apply to independent contractors or subcontractors, though employers must verify that these parties, if hired, have their own coverage; if they do not, employers may be liable for providing it.
In most situations, employers must maintain workers’ compensation coverage. When they fail to do so, you may file a lawsuit against your employer if they do not have that mandatory coverage.
Intentional Harm by Employers
In addition to this, you can sometimes seek a lawsuit against your employer if you can clearly demonstrate that the employer intentionally caused your injury. One example of this is instances of assault, when your employer causes physical injury to you at the job.
Let a Workers’ Compensation Attorney Help You Navigate Your Rights
Workers hurt on the job have the right to pursue compensation through workers’ comp, but doing so means you cannot file a lawsuit against your employer.
However, there are other strategies, and we can help you. Turn to Shook & Stone Injury Lawyers for a consultation to discuss what legal steps may be available to you to recover damages owed.
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