If you’ve suffered a work-related injury in Las Vegas, Nevada, you may wonder, “Can I sue my employer for a workplace injury?” In most cases, you can not sue your employer for a work-related injury. Nevada, like many other states, operates on an exclusive remedy system for workplace injuries. Instead, workers are able to recover costs through a workers’ compensation claim.
What Is the Exclusive Remedy System?
Many states, Nevada included, operate under an “exclusive remedy” system for work-related injuries. The exclusive remedy system means if your employer carries workers’ compensation insurance, which most employers in Nevada are required to do, filing a workers’ compensation claim is your primary method of obtaining compensation.
Nevada’s workers’ compensation program is a no-fault system, so the need to prove negligence on the part of your employer is eliminated. As long as your injury arose from the scope of your job, you are entitled to benefits regardless of fault. This process ensures quicker access to benefits compared to a lawsuit. These benefits include:
- Medical Expenses: Hospital bills, doctor visits, medications and physical therapy are often covered under workers’ compensation insurance.
- Lost Wages: A portion of your wages may be covered under workers’ compensation while you are unable to work or unable to work at full capacity due to your injury.
- Disability Benefits: If your injury results in a permanent disability, you may be eligible for ongoing payments.
Workers’ Compensation offers a relatively quick way of receiving benefits, however, it has its limitations. Pain and suffering is typically not covered by workers’ compensation, and lost wages are often based off a percentage of your average earnings, rather than your full salary.
Exceptions to the Exclusive Remedy Rule
Situations may arise where you could sue your employer despite Nevada’s exclusive remedy rule:
Intentional Act
In the event that your employer intentionally caused your injury through assault or battery, you may be able to file a lawsuit
Employer Doesn’t Have Workers’ Compensation
While it’s rare, sometimes employers don’t carry workers’ compensation insurance. In this case, you can sue them directly for negligence.
Retaliation
If you were fired, demoted, or otherwise discriminated against for filing a workers’ compensation claim, you may have grounds for a lawsuit.
Third-Party Liability
If your injury was caused by a third party, such as a faulty equipment manufacturer, or another worker not employed by your company, you can sue them alongside filing a workers’ compensation claim.
Burden of proof in these exceptions is higher than in a workers’ compensation claim. In the event you fall under one of these categories, you should consult a Las Vegas workers’ compensation attorney. Your attorney will help guide you on what to do next.
Steps to Take After a Workplace Injury
There are several steps you should take after being injured on the job in Las Vegas. Taking these steps will help ensure a smoother filing process, and strengthen your claim as well. These steps include:
- Seek Medical Attention: Your health should be your top priority. Even if you feel fine, you should still seek medical attention. Sometimes, serious injuries may not show themselves at first, getting an exam from a medical professional can identify these injuries so you can start the proper treatment plan.
- Report Your Injury: You should inform your supervisor about your accident as soon as possible. Let them know about any injuries you suffered from your accident, and make sure to file a formal incident report following the company’s procedures to ensure a stronger case.
- File a Claim: There are time limits that apply to filing workers’ compensation claims. You can initiate the process by consulting with your employer or their insurance carrier.
- Consider Legal Counsel: It’s always best to consult with an experienced workers’ compensation attorney. He or she can advise you on your rights and options regarding your case. If you find your claim is denied, the benefits offered are inadequate, or you believe your case falls under one of the exceptions to the exclusive remedy rule, contacting an attorney as soon as possible will prove beneficial to you.
Weighing the Pros and Cons of a Lawsuit
If you have a case against your employer that falls outside the scope of the workers’ compensation system, there are a few factors to consider before pursuing a lawsuit. The strength of the case is the first thing you should consider. Can you prove the negligence of your employer directly caused your injury? Is there evidence that supports your claim?
Another thing to consider is the cost of litigation. Lawsuits can be expensive and often time-consuming. Additionally, the case resolution could take months or even years.
There are also damages to consider. This depends on the kind of compensation you’re seeking. Damages such as pain and suffering, lost wages, and future medical costs are all damages you can seek in a lawsuit, but there is no guarantee you will be awarded the full amount you seek.
Alternatives to Workers’ Compensation
Nevada’s exclusive remedy system may limit suing your employer, but there might be other avenues for securing compensation. Negotiating with the insurance carrier is one of them. Sometimes, communication with the insurance company can lead to a more favorable settlement offer within the workers’ compensation framework. Additionally, if your work injury results in long-term disability that prevents you from gainful employment, you may be able to secure social security disability benefits.
Consulting an Attorney
If you’re injured on the job in Las Vegas, Nevada, consult with a qualified workers’ compensation attorney. Your attorney can assess your situation, explain your options, and determine if you have grounds for a lawsuit against a third party or your employer if the nature of your work injury falls under one of the exceptions. Your lawyer can also guide you through the claims process or represent you in court if necessary.
Understanding your right under Nevada’s workers’ compensation system, and the limited exceptions for lawsuits, is crucial in making informed decisions about seeking compensation for your injuries. Remember, you should consult with a qualified attorney if you have doubts or believe you have a case beyond workers’ compensation.