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Employers with 15 or more employees are not allowed to fire or otherwise retaliate against employees for filing for workers’ compensation benefits under Nevada state law. Employees who lose their job just for pursuing a workers comp claim can sue the employer for wrongful termination in Nevada.1
Yes. This means that employers can terminate their employees at any time for any reason, but there are exceptions. For example, employers are not allowed to retaliate against workers who filed for workers’ compensation insurance benefits.2
In a wrongful termination claim based on workers’ compensation, the terminated employee would have to prove that the employer fired him/her because he/she filed for workers comp. The employer would then defend itself by claiming there were other, legitimate excuses for firing the employee. Examples are:
Typical evidence in these cases includes:
Terminated employees would need to prove their 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 former employees can also sue employers for wrongful constructive termination – which is when the employer makes the job so unbearable the employee is driven to resign.4
Yes, if the employee is physically capable of doing light duty work despite his/her job injury.
As part of the workers’ comp process, a doctor will determine whether the injured employee is capable of doing “light duty work.” But if the employee refuses to do this work, then the employer has legal grounds to terminate him/her.
Certainly, light duty jobs may feel like a demotion. But as long as it is temporary, employers are allowed to assign injured workers light duty jobs that are “beneath them.” But if the worker is permanently injured, the light duty work cannot be demeaning to the employee.5
Employees who win a wrongful termination lawsuit after being fired for filing a workers’ compensation claim may be able to recover the following damages:
The judge may also order that the employer pay for the plaintiff’s attorneys’ fees and court costs.
Employees injured at work should:
Note that employees usually have to see a medical provider authorized by the employer’s insurer.
Workers 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, employees may receive several disability benefits, including:
Note that injured workers can also appeal if their claim is denied.6
Sustain a non-work-related injury in Nevada? Contact our Nevada personal injury attorneys.
Injured in California? Contact our California workers’ comp claim attorneys.
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, Court TV, 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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What is State Industrial Insurance System in Nevada? SIIS – short for State Industrial Insurance System – was Nevada’s state-run workers’ compensation program. Before 2000, all Nevada businesses bought workers comp coverage through SIIS. But it was beset with management and financial problems. Finally workers’ compensation insurance became privatized, and businesses now buy their coverage ...
Nevada law has several work injury statutes, including NRS 616A through NRS 616C. These laws explain how employees who suffer a work-related injury may file a claim for benefits under Nevada’s workers’ compensation system. What are considered work injuries in Nevada? Work injuries occur when employees get hurt while on the job. Many injuries result ...
The Grant Sawyer building located at 555 E Washington Ave #5100 in Las Vegas has recently undergone repairs in an effort to root out its recurring mold problem. People who have been sickened by the mold may have a Nevada worker’s compensation cause of action against the state of Nevada. Mold at Grant Sawyer building ...