It is unlawful for a Nevada employer to fire or punish you for filing a workers’ compensation claim. The Nevada Supreme Court recognized this in Hansen v. Harrah’s, which lets fired workers sue for wrongful termination. A Las Vegas workers’ compensation lawyer at Shook & Stone can pursue both your benefits and your damages.
What Counts as Retaliation
Retaliation is any adverse action your employer takes because you exercised your workers’ compensation rights. Firing is the clearest example, but cutting your hours, demoting you, blocking your injury report, harassing you back to work before a doctor releases you, or threatening your job for staying on leave can all support a claim.
- Termination or forced resignation after you report an injury or file a claim
- Reduced hours, lost shifts, or reassignment to worse duties
- Demotion, pay cuts, or sudden negative write-ups with no history behind them
- Refusing to accept or process your injury report
- Pressuring you to return before your doctor releases you
- Harassment, threats, or intimidation tied to your claim or your leave
One of these events alone does not automatically prove retaliation, but a pattern that starts right after your injury report usually tells the story.
Your Legal Protections in Nevada
Nevada protects injured workers in two main ways. Hansen v. Harrah’s, a 1984 Nevada Supreme Court decision, allows an employee fired for filing a workers’ compensation claim to sue the employer for wrongful termination. Separately, NRS 618.445 prohibits discharging or discriminating against workers who raise workplace safety complaints.
Wrongful termination under Hansen v. Harrah’s
Nevada employment is at-will, but the Nevada Supreme Court carved out an exception for workers’ compensation retaliation in Hansen v. Harrah’s, 100 Nev. 60 (1984). Firing an employee for filing a claim violates Nevada public policy, and the fired worker can bring a civil lawsuit for damages. That lawsuit is separate from the workers’ compensation claim itself, and it can seek losses the comp system does not pay, including lost wages and benefits caused by the firing.
Safety complaint retaliation under NRS 618.445
If the retaliation followed a workplace safety complaint, NRS 618.445 applies. The statute bars employers from discharging or discriminating against an employee for filing a safety complaint, participating in a safety proceeding, or exercising rights under Nevada’s occupational safety laws. An aggrieved worker must file a complaint with the Division within 30 days after the violation, and the Administrator can investigate and pursue reinstatement and reimbursement for lost compensation. That 30-day window is short, so move fast.
You Keep Your Benefits Even if You Are Fired
Losing your job does not end your workers’ compensation claim. Your right to medical treatment and disability checks comes from the injury, not from staying employed. If your employer fires you while your claim is open, keep treating, keep your appointments, and talk to a lawyer about both the claim and the firing.
Proving Retaliation
Retaliation cases are built on timing, paper, and witnesses. A clean work history that turns into write-ups the week after an injury report, a schedule that shrinks after a claim is filed, or a supervisor’s comments about your claim can all be evidence. Start preserving proof the day something feels wrong.
- Save schedules, pay stubs, and hour records from before and after your injury report
- Keep texts, emails, and app messages from supervisors and HR
- Write down dates, times, and exact words of any comments about your claim, injury, or leave
- Note coworkers who saw or heard what happened
- Keep copies of your C-1 injury report, C-4 claim form, and every insurer letter
What You Can Recover
The remedies depend on which protection applies. A wrongful termination lawsuit can seek damages such as the wages and benefits you lost because of the firing. The safety complaint process under NRS 618.445 can lead to reinstatement and reimbursement. In every case, your underlying workers’ compensation benefits continue on their own track. No lawyer can promise an outcome, but we can tell you honestly what your facts support.
Free Consultation We’ll help you win the benefits you need to get your life back.
How Shook & Stone Handles Retaliation Cases
We handle the workers’ compensation claim and the retaliation problem together, so nothing falls through the gap between them. If the insurer has also denied part of your claim, our Las Vegas workers’ compensation denial lawyer team takes that fight to a hearing, and our workers’ compensation appeals lawyer in Las Vegas team escalates it as far as it needs to go. Shook & Stone has represented Nevada workers since 1997 and has recovered over $1 billion for more than 30,000 clients. Consultations are free and confidential. Call (702) 570-0000, open 24/7.
Frequently Asked Questions
Can I be fired while on workers’ comp in Nevada?
Nevada is an at-will state, so an employer can end employment for lawful reasons. What an employer cannot do is fire you because you filed a workers’ compensation claim. The Nevada Supreme Court held in Hansen v. Harrah’s that firing a worker in retaliation for filing a claim supports a wrongful termination lawsuit.
What is the deadline for a safety retaliation complaint in Nevada?
A complaint under NRS 618.445, which protects workers who raise workplace safety complaints, must be filed with the Division within 30 days after the violation. Wrongful termination lawsuits for workers’ comp retaliation have their own time limits, so act quickly either way.
My hours were cut right after I reported my injury. Is that retaliation?
It can be. Retaliation is not limited to firing. Cutting hours, demotions, undesirable reassignments, harassment, and blocked injury reports can all be adverse actions when they happen because you exercised your workers’ compensation rights. Timing and documentation are usually the keys to proving it.
My employer told me to run my injury through my own health insurance instead of filing a claim. Is that legal?
Discouraging or blocking a workers’ compensation claim is a serious problem. You have the right to file, and treatment for a work injury belongs on the workers’ comp system, not your private insurance. Put your injury report in writing, keep a copy, and talk to a lawyer if anyone interferes.
Does retaliation affect my workers’ comp benefits?
No. Your comp claim and a retaliation case run on separate tracks. Your right to medical care and disability checks comes from the injury, so keep treating and keep your appointments even if your employment ends.
What can I recover in a workers’ comp retaliation case?
A wrongful termination case can seek damages such as lost wages and benefits, and the safety complaint process under NRS 618.445 can lead to reinstatement and reimbursement for lost compensation. What applies depends on the facts, which is what a free consultation is for.
What does it cost to talk to a retaliation lawyer?
Nothing. Shook & Stone offers free, confidential consultations and works on contingency, so there is no fee unless we recover for you. Call (702) 570-0000 any time. We are open 24/7.
| Talk to a Las Vegas workers’ compensation lawyer for free. Shook & Stone has represented injured Nevada workers since 1997, has served more than 30,000 clients, and has recovered over $1 billion in compensation and benefits. There is no fee unless we recover for you. Call (702) 570-0000, open 24/7, or request a free consultation online. |
Shook & Stone Injury Lawyers
710 S. 4th Street, Las Vegas, NV 89101
Phone: (702) 996-5740 | Open 24 hours, 7 days a week
Free consultations. No fee unless we win.
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