How to file a job injury lawsuit in Las Vegas, Nevada



How to file a job injury claim in Las Vegas depends on the worker's status: Employees would a file workers' compensation claim in Nevada while independent contractors would bring a civil lawsuit.

Either way, workers who became ill or injured while on the job may be able to recover money to cover their medical bills in Nevada, lost wages in Nevada, and other expenses. And if their claims are initially denied, they are free to bring an appeal.

Injured workers are advised to consult with private counsel as soon as possible to strategize how best to pursue Nevada work injury claims. Accident attorneys are experienced in negotiating with insurance companies to achieve the largest possible settlements for their clients.

In this article, our Las Vegas Nevada personal injury attorneys discuss the following topics:

man at computer with injured hand (bringing a job injury lawsuit in Nevada)
Most Nevada employers are required to carry workers' compensation insurance.

1. Workers' comp versus civil lawsuits for workplace injuries in Nevada

Typically when someone gets injured in Las Vegas, the victim can file a lawsuit against the responsible parties. But when an employee sustains a workplace injury in Nevada, that employee usually cannot sue the employer.

Instead, the injured employee's "exclusive remedy" would be to file a workers' comp claim with the employer's insurance company.

In many ways, workers' comp is extremely beneficial for employees. But in other ways, not being able to file an ordinary lawsuit is very restrictive:

Workers' Comp Claims

Personal Injury Civil Lawsuits

Claims are usually decided within 30 days after it is filed.

Lawsuits can take months or years to resolve.

The employee is compensated even if the injury was his or her fault.

The employee needs to prove that the employer was at fault in order to recover damages.

Claims do not cost anything to file.

Civil lawsuits are often expensive.

There is usually a damages cap, and the money received may be insufficient.

There is usually no limit for potential damages.

Virtually every employer in Nevada is required to carry workers' compensation insurance. Check to see if your employer is covered at the Coverage Verification website.

1.1. Independent contractors

Nevada independent contractors are ineligible to file workers' compensation claims in Nevada. Therefore, independent contractors who get injured on the job would need to bring an ordinary personal injury lawsuit: The most common claim is for Nevada negligence.

As discussed above, injured independent contractors can prevail in court only if they were not at fault for the accident. And it takes more time to successfully pursue job injury claims for an independent contractor than for an employee.

However, independent contractors are not limited by workers' comp benefit maximums like employees are. This means that if the contractor's injury was serious or had catastrophic long-term consequences, he or she may be able to recover significantly more compensation as an independent contractor than he or she would be entitled to as an employee.

An increasing number of American employers rely on independent contractors to perform a wide range of duties. If you filled out 1099 paperwork when you started working, it means the person or company you work for considers you an independent contractor. However, this does not mean the employer is right: An attorney may be able to prove that you are in fact an employee and entitled to workers' comp.1

2. Financial damages employees can recover for workplace injuries

Depending on the circumstances of the case and the extent of the injuries, employees may be able to recover the following compensation for:

If an employee dies from a work injury, the employee's family can file a workers' comp claim to receive "death benefits in Nevada." This typically amounts to two-thirds of the employee's monthly wages as well as burial expenses (up to $10,000).2

If an independent contractor dies from a work injury, his or her family can bring a wrongful death claim in Nevada. Similar to death benefits, damages can include funeral expenses and loss of support.

3. When employees are ineligible for workers' comp in Nevada

man at computer drinking (filing a work injury lawsuit in Nevada)
Employees who injure themselves on the job are not eligible for workers' comp benefits in Nevada if they were drunk at the time of the accident.

Employees may not recover workers' comp benefits for injuries they sustained on the job while they were intoxicated or high. Employees also may not collect benefits if they injured themselves on purpose.3

Otherwise, employees who get injured while on duty should be eligible for workers' comp in Nevada even if they were at fault for causing it.

4. Suing a third-party in Nevada for workplace injuries

Under Nevada law, sometimes a party other than the employer could be partially or totally at fault for a work injury.

For example if an employee was hurt by a defective piece of factory equipment, the manufacturer of the equipment could be liable. Or if a motorist crashes into an employee while he or she was on the job, the employee may also be able to pursue a claim against that driver.

Situations like this are called "third-party claims." Third-party claims allow employees injured on the job in Nevada to be compensated at a level higher than is allowed by the workers' compensation system.

Many employees are unaware that their job injuries could actually qualify them for a third-party claim until they discuss their options with a personal injury attorney. And unlike workers' comp claims, third-party civil lawsuits have no limit to the amount of damages the employee can potentially recover.

5. Common workplace injuries and diseases

Every job carries its own hazards. People in desk jobs may be prone to carpal tunnel syndrome, whereas people in warehouses risk having heavy objects dropped on them or sustaining stress fractures from repetitive movements.

Some common employee injuries include:

And death is not uncommon for people with high-risk jobs, such as law enforcement officers, construction workers, and firemen.

cast on hand (bringing work injury lawsuit in Nevada)
Simple slip-and-falls in a workplace can cause serious injuries that require treatment and therapy.

6. Steps to take following a work injury in Nevada

Employees in Nevada are advised to take the following course of action after being injured or acquiring a disease due to their job:

  1. If the injury is serious, seek medical attention right away by going to the ER or calling 911. Have the doctor fill out a C-4 form.
  2. If the injury is not serious, report the injury to the employer by filling out a C-1 form and consult with a personal injury attorney about filing a claim soon (using a D-6 form).4
  3. Seek continuing treatment from a doctor that is preapproved by the employer's workers' comp policy.
  4. Document everything about the accident: What happened, who saw it, what you were wearing, if there is video, etc. All these details can help substantiate your claim.
  5. Follow doctor's orders and never miss an appointment.

Independent contractors who are injured on the job should also take care to document the accident and everything that happens afterward. This information is vital evidence that could help win a personal injury lawsuit.

Whether a worker has to file a workers' comp claim or bring a civil lawsuit, the process requires extensive paperwork and following procedural guidelines. Therefore, it is highly recommended that anyone injured in an accident retain a personal injury attorney to take care of the process for them and fight for the largest possible settlement. Injured workers should be focusing their efforts on getting better and not filing documents.

7. Time limits for filing Nevada job injury claims

To file a workers' comp claim, employees must inform their employer about their work-related injury or disease within seven (7) days of it occurring. And the claim must be filed no later than 90 days after the injury. Meanwhile, independent contractors typically have a two year-statute of limitations in Nevada after the injury to file suit.5

It is extremely important that injured or sick workers meet these deadlines. Otherwise, they may forfeit getting any benefits at all.6An experienced personal injury attorney can help manage the claim and make sure all the forms are filed in time.

8. How employers fight job injury claims

Employers may try to advance the following arguments in order to keep their insurer from paying out damages to their injured workers:

  • the worker was not on duty at the time of the accident
  • the worker was acting outside the scope of employment
  • the worker was impaired by drugs or alcohol at the time
  • the worker purposely injured him or herself
  • the injury is not serious or is inconsistent with the medical records
  • the worker needs no time off to heal from the injury

If the insurer denies a worker's claim, there is still an opportunity to appeal: Employees can appeal to the Hearings Division of the Nevada Department of Administration, and independent contractor can appeal to the Nevada Supreme Court. Several claims that are originally denied are eventually won on appeal, and a good personal injury attorney can greatly increase the odds of success. (Learn more about appealing workers' compensation claim denials in Nevada.)

Note that employers are not allowed to fire employees in retaliation for filing a workers' comp claim. If this happens, the employee may pursue legal action for wrongful termination in Nevada.

Injured on the job in Las Vegas? Nevada law may be in your favor

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Call our Las Vegas personal injury attorneys at 702-DEFENSE for a FREE consultation today.

It may seem that you have few or no options when it comes to getting compensated for an on-the-job injury. But that is not always the case.

At Las Vegas Defense Group, L.L.C., we care about you and want to help you get the compensation you deserve for your workplace injury.

If you have been hurt on the job, we invite you to contact us for a free consultation. You would not pay us a dime unless and until we obtain a settlement or verdict in your favor. For a free consultation with one of our caring Las Vegas workplace injury lawyers, call us at 702-DEFENSE (702-333-3673) or fill out the form on this page.

If your case is in California, please see our article on when you can sue your employer for workplace injuries in California.


Legal References

  1. NRS 616A.255.
  2. NRS 616C.505.
  3. NRS 616C.230.
  4. NRS 616C.025; Barrick Goldstrike Mine v. Peterson, 116 Nev. 541, 546, 2 P.3d 850 (2000) ("Pursuant to the plain language of NRS 616C.025(1), we conclude that an injured employee must file both a notice of injury and a claim for compensation in order to receive benefits.").
  5. NRS 616C.015; NRS 616C.020; NRS 11.190.
  6. Brocas v. Mirage Hotel & Casino, 109 Nev. 579, 854 P.2d 862, 109 Nev. Adv. Rep. 92, (1993) (Lexis: "There was no good reason to dispense with the formal statutory notice and filing requirements where record did not reflect that the employer was given actual notice sufficient to excuse formal statutory notice. Employee did not seek immediate medical treatment, did not fill out an employee accident report, did not miss any work due to an injury, and according to supervisor's testimony, did not report an injury."); Bally's Grand Hotel & Casino v. Reeves, 113 Nev. 926, 948 P.2d 1200, 113 Nev. Adv. Rep. 102 (1997) (Lexis: "Under subsection (6) of former NRS 616.500, an industrial accident insurer may excuse a claimant's failure to comply with the formalities of subsection (1) of this section where there is sufficient reason for doing so, principally in cases in which a claimant has an excuse based upon mistake or ignorance of fact or of law.").

 

 

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