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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
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
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:
Typical evidence in these cases includes:
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
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
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:
The judge may also order that the employer pay for your attorneys’ fees and court costs.
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
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, 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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