Can a Company Retaliate Against a Worker for Filing a Workers Compensation Claim in Nevada?

Q: Is Nevada an at-will employment state?

Yes. This means that employers can terminate you at any time for any reason, but there are exceptions. For example, employers are not allowed to retaliate against you if you filed for workers' compensation insurance benefits.

Q: Can employers fire me if I refuse to do light duty work?

Yes, if you are physically capable of doing light duty work despite your injury. As part of the workers' comp process, a doctor will determine whether you are capable of doing "light duty work." But if you refuse to do this work, then the employer has legal grounds to terminate you. Certainly, light duty jobs may feel like a demotion. But as long as it is temporary, employers are allowed to assign you light duty jobs that are "beneath you." But if you are permanently injured, the light duty work cannot be demeaning to you.

Q: What damages can I get for a wrongful termination case?

If you win a wrongful termination lawsuit after being fired for filing a workers' compensation claim, you may be able to recover the following damages: lost pay and benefits, pain and suffering, punitive damages (if the employer intentionally withheld workers' comp), and/or reinstatement. The judge may also order that the employer pay for your attorneys' fees and court costs.

Posted on September 1, 2022

Can I be fired or demoted for bringing a workers' compensation claim in Nevada?

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Nevada law prohibits employers from retaliating against you for filing for workers’ compensation. If you are demoted or harassed, you can sue your employer for lost wages and pain and suffering. And if you get fired, you can pursue a wrongful termination claim.¹

Is Nevada an at-will employment state?

Yes. This means that employers can terminate you at any time for any reason, but there are exceptions. For example, employers are not allowed to retaliate against you if you filed for workers’ compensation insurance benefits.²

What do I have to prove in wrongful termination lawsuits?

In a wrongful termination claim based on workers’ compensation, you would have to prove that the employer fired you because you filed for workers comp. The employer would then defend itself by claiming there were other, legitimate excuses for firing you. Examples are that you:

were often late,
were unmotivated, or
kept making mistakes

Typical evidence in these cases includes:

communications showing the employer’s intent, such as emails, voicemails, and memos;
eyewitness testimony that heard the employers talk about you;
testimony by you about how the employer’s behavior changed once you filed for workers comp

You need to prove your case by a preponderance of the evidence in order to win at trial.³ Though the majority of cases resolve through a settlement.

Note that you can also sue employers for wrongful constructive termination – which is when the employer makes the job so unbearable that you are driven to resign.⁴

Fired worker clearing desk after being illegally retaliated against for filing workers comp

If you are fired for filing workers comp, you can sue for wrongful termination.

Can employers fire me if I refuse to do light duty work?

Yes, if you are physically capable of doing light duty work despite your injury.

As part of the workers’ comp process, a doctor will determine whether you are capable of doing “light duty work.” But if you refuse to do this work, then the employer has legal grounds to terminate you.

Certainly, light duty jobs may feel like a demotion. But as long as it is temporary, employers are allowed to assign you light duty jobs that are “beneath you.” But if you are permanently injured, the light duty work cannot be demeaning to you.⁵

What damages can I get for a wrongful termination case?

If you win a wrongful termination lawsuit after being fired for filing a workers’ compensation claim, you may be able to recover the following damages:

lost pay and benefits,
pain and suffering,
punitive damages (if the employer intentionally withheld workers’ comp), and/or
reinstatement

The judge may also order that the employer pay for your attorneys’ fees and court costs.

What should I do after getting injured at work?

You should:

notify your boss and request a C-1 form (Notice of Injury or Occupational Disease), and
request from the doctor a C-4 form (Employee’s Claim for Compensation/Report of Initial Treatment).

Note that you usually have to see a medical provider authorized by the employer’s insurer.

You have 90 days after the injury to file for workers’ compensation. The insurance company should accept or reject the claim within 30 days of receiving the C-4 form. Depending on the case, you may receive several disability benefits, including:

Note that you can also appeal if your claim is denied.⁶

Learn more at the State of Nevada Department of Business & Industry Industrial Relations (DIR) website on Workers’ Compensation.

Group of law firm receptionists with headsets

Call our employment law firm for legal advice. Our labor and workers’ compensation lawyers offer free consultations on employment actions. And we appear in state and federal law courts in Las Vegas, NV and throughout the state.

Sustain a non-work-related injury in Nevada? Contact our Nevada personal injury attorneys.

Injured in California? Contact our California workers’ comp claim attorneys.

Legal References

Hansen v. Harrah’s, (1984) 100 Nev. 60, 675 P.2d 394. See NRS 616C.280. Other examples of other grounds for wrongful termination retaliation claims include that the employee was a whistleblower, attended jury duty, or engaged in other protected activity. Another ground of wrongful termination is employment discrimination, such as firing someone based on race or sex.
See note 1.
See Bally’s Employees’ Credit Union v. Wallen, (1989) 105 Nev. 553, 779 P.2d 956.
See Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238.
NRS 616C.475.
NRS 616A – NRS 616D.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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