Can I Sue My Employer for My Work Injury?

Find Out Your Legal Rights for Workplace Injuries

Have you been injured on the job? You’re not alone. Each year, 2.3 million workers are subject to work-related injuries.

You may feel scared, alone, and unsure of what steps to take, especially if your employer was at fault for your injuries. If that’s the fact, you may wonder if you can sue your employer or the company for your injuries. The answer is complex.

Read on to find out when you can bring a lawsuit against your employer for your workplace injury, how long you have to file, and what to do after your injury to start building a solid case with your workers’ compensation legal team.

Did I Give Up My Right to Sue My Employer If I Was Injured on the Job?

Generally speaking, if your employer has workers’ compensation insurance, you cannot file a lawsuit against them if you’re injured at work.

This is because workers’ compensation is set up as a no-fault system that provides benefits regardless of who is at fault for the workplace accident. Employees give up their right to sue their employer in exchange for these benefits.

However, there are some circumstances where you may be able to take legal action against your employer.

When Can I Sue an Employer for a Workplace Injury?

Every day, countless people bring lawsuits against their employers for sexual harassment, unsafe work environment, and wrongful termination.

But suing your place of employment for a workplace injury is tricky.

Most employers, especially those in professions with high injury rates like nursing, general labor, and trucking, offer workers’ compensation benefits that make them a protected class.

So, if you’re injured, you can make a workers’ compensation claim to start receiving benefits that will help you recover from your workplace injuries. However, if your employer does not have workers’ compensation insurance, you may be able to build a workplace injury lawsuit that can help you start moving forward.

Can I Sue for a Workplace Injury If My Employer Had Workers’ Compensation Insurance?

Even if your employer has worker’s compensation insurance, there may be scenarios where you can bring a lawsuit to help cover the expenses you’d incurred from your injury. These unique situations include:

• If your injury was caused by a third party, such as a defective product or equipment
• If your employer deliberately caused your injury
• Your employer’s actions directly violated company policy and resulted in your injury
• If your employer violated safety regulations, which led to your injury

The best thing you can do is obtain legal advice to determine whether you can sue your employer for your workplace accident.

Even if you’ve moved on to a new job due to your injury, your former employer may owe you compensation for the medical bills and emotional distress you’ve encountered due to their actions.

Who Can I Sue Other Than My Employer for a Workplace Injury?

You may be able to sue a third party if their negligence or wrongdoing contributed to your workplace injury. Some examples of third parties you might be able to sue include:   

• Manufacturers of Defective Equipment: If you were injured by a defective piece of equipment, you may be able to sue the manufacturer.   
• Other Companies or Individuals: If another company or individual’s negligence caused your injury, you may be able to sue them. For example, if you were injured in a car accident while on the job, you may be able to sue the other driver.   
• Government Entities: In some cases, you may be able to sue a government entity if their negligence caused your injury. For example, if you were injured on a public road, you may be able to sue the government agency responsible for maintaining the road.   

What Are the Benefits of Filing a Third-Party Workplace Injury Claim?

There are multiple benefits to filing a third-party claim. It allows you to recover additional compensation for your injuries. Workers’ compensation benefits are often limited, so a third-party claim can help you recover the full amount of your damages. 

It also holds the responsible party accountable for their actions. This can help to prevent future accidents.   

How Do I File a Third-Party Claim?

If you believe you have a valid third-party claim, you should speak to a workplace injury attorney. A Nevada personal injury attorney can help you understand your rights and options, and they can help you file your claim.

Your third-party workplace injury lawsuit will not be like your workers’ compensation claim. There is no guarantee that you will win. You will have to go through the Nevada civil litigation process, which can be time consuming. That’s why it’s best to speak with an attorney before proceeding.

What To Do After a Workplace Injury

If you get hurt on the job, there are several things you can do to determine if you can sue and how you will present your case.

Here are some steps you can take after a workplace injury to gather important information you can bring to a personal injury attorney for legal advice.

Evaluate Your Workman’s Comp Eligibility 

One of the first things you need to determine before you sue your employer is whether or not you’re eligible for Nevada workers’ comp. If you are, you most likely cannot sue your employer, but you should file a claim immediately. Review your employment contract for details.

Secure A Comprehensive Medical Exam

To build a solid case, you’ll need proof of the cause and severity of your injury. Get an evaluation right away but remember you may need to see an approved doctor to maintain eligibility for worker’s compensation.

Keep in mind that if you are eligible to sue your employer, you do not need to see their doctor. You can consult a Las Vegas workplace injury attorney to find the best physician for your needs.

Consult With Your Doctor and Follow Their Advice

Follow your treatment plan closely during recovery. Be sure to obtain your medical records from each physician and specialist you seek treatment from. If you have concerns, you can seek a second opinion.

Take Detailed Notes About the Accident

Write down as many details as you can remember of the events before, during, and after your workplace injury. Be sure to note if you’ve experienced a hostile work environment following your injury. You can consult a coworker who was present at the accident to ensure you don’t miss any information.

Organize Your Documentation

You’ll need a paper trail to prove the extent of your injury and the timeline of the accident, so take a moment to organize all of your documentation. Include medical records, emails, texts, and specific dates to bring to your consultation.

Get a Free Consultation from a Workplace Injury Lawyer

Once you feel prepared, book a free consultation with an employment lawyer who can offer high-quality legal advice. You may even be entitled to emotional distress or compensation for wrongful termination for events that took place after your workplace injury.

Is There a Statute of Limitations for Suing An Employer?

When it comes to employment law, the statute of limitations varies from state to state. The amount of time you have will depend on the state the injury occurred in, so it’s best to consult an employment attorney for the most accurate information.

In Nevada, you have two years from the date of the injury to file a lawsuit against your employer. This is the same deadline that other personal injury cases have in Nevada. 

Is There a Deadline to File a Workers’ Compensation Claim in Nevada?

You have seven days to report a workplace injury to your employer and 90 days to file a workers’ compensation claim. If you miss this deadline, you may not be able to get the benefit you need. 

What If I’m Injured Outside of Work?

Typically, if you sustain an injury off the clock or away from your place of employment, you cannot sue your employer. However, there are a few instances when this may be possible.

Here are some specific scenarios when your employer could still be responsible for your injuries:

• You were hurt while running an errand for your employer
• An injury occurred while driving a company vehicle that the business did not properly maintain.
• You were traveling for work and were involved in a car crash or accident.
• You were injured on a company retreat, conference, or other mandated event.

If you’ve experienced an injury away from your place of employment, you may still be entitled to compensation for pain, suffering, and emotional distress. 

You could also have the right to unemployment or disability benefits if your employer does not offer worker’s comp. If you’re unsure, it’s best to find an employment lawyer who works with a law firm focusing on personal injury cases.

What Kind of Damages Can I Get in a Workplace Injury Lawsuit?

A workplace injury lawsuit against your employer or a third-party is similar to any other personal injury case. You can get economic and non-economic damages. 

Workplace Injury Economic Damages

Workplace injury economic damages are quantifiable financial losses resulting from an on-the-job injury. These include:

• Medical expenses: Past and future costs of treatment, surgeries, medications, and rehabilitation.
• Lost wages: Income lost due to missed work time, reduced earning capacity, and inability to perform previous job duties.
• Other financial losses: Property damage, travel costs for medical care, and expenses for in-home care.

Workplace Injury Non-Economic Damages

Non-economic damages in workplace injury cases refer to the intangible losses suffered by an injured employee. These include pain and suffering, emotional distress, loss of consortium, disfigurement, and loss of enjoyment of life. 

These damages are subjective and difficult to quantify, often requiring expert testimony and careful legal analysis. However, they often make up a large portion of workplace injury lawsuit settlements and verdicts.

Find Out If You Are Entitled to Compensation For Your Workplace Injuries

If you are unsure whether or not you can file a lawsuit against your employer, the best thing to do is speak with an experienced workers’ compensation attorney in Las Vegas to understand your legal rights and options.

At Shook & Stone Injury Lawyers, our team of workers’ compensation attorneys has more than 85 years of combined experience representing injured workers in Nevada.

We have a proven track record of success and are dedicated to fighting for the maximum possible compensation for our clients. Our legal professionals strive to build an attorney-client relationship that fosters trust, action, and results.

If you have been injured at work, do not hesitate to contact our office for a free consultation. We will review your case and help you understand your legal rights and options.

Resources:
World Statistic . (2022). In International Labour Organization . Retrieved from https://www.ilo.org/moscow/areas-of-work/occupational-safety-and-health/WCMS_249278/lang–en/index.htm