When an employee is injured in the workplace, one of their first instincts may be to sue their employer for failing to provide a safe workplace. However, Nevada’s workers compensation laws actually prohibit litigation against an employer that provides workers’ compensation coverage.
Who is an Employee?
The term “Employee,” in terms of how it relates to workers’ compensation in Nevada, means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and also include all aliens and minors; all elected and appointed paid public officers; and musicians providing music for hire.
Who is an Employer?:Per Nevada statute, an employer is every person, firm, voluntary association and private corporation, including any public service corporation, which has in service any person under a contract of hire.
Inability to Sue Employers Providing Workers’ Compensation:
Workers’ compensation coverage in Nevada is actually a trade off. An employee can receive benefits relatively quickly but they sacrifice the ability to sue for injury. Because Nevada’s required workers’ compensation program is a no-fault insurance plan, an injured employee’s ability to bring a civil suit for negligence and damages resulting from the injury are extremely limited. While this may seem strange, the trade off is actually in the employee’s favor.
Workers’ compensation provides payments to injured employees for work related injury or disease. The type of compensation can range from lost wages to coverage for medical expenses with the goal being to make the injured employee financially whole in an expedited process that is worlds faster than going through the court system.
A showing that the employer was actually at fault is not needed. All the injured employee needs to show is that the injury took place while engaged in the scope of employment. To protect themselves, an employee should always follow workplace rules and procedures. A finding that an injury occurred while an employee was engaged in the scope of employment, but that the injury reached its severity due to an employee’s failure to follow procedure, will likely have a reducing effect on the total compensation award.
Ability to Sue Employers Not Providing Workers’ Compensation:The inability to sue an employer providing workers’ compensation coverage to employees is not extended to employers who do not follow Nevada’s requirement for providing coverage.
Unless excluded by statute, it is mandatory for an employer who has one or more employees to provide workers’ compensation coverage. Employers who fail to provide coverage will be charged with an administrative fine up to $15,000.00, be subject to certain premium penalties, may be ordered to cease conducting business until coverage is obtained, and will be responsible for all costs arising from a claim for a work-related injury. Employers are also potentially subject to criminal penalty for claims resulting from substantial bodily harm or death.
What to Do if a Claim is Handled Improperly:
If a workers’ compensation claim is being handled improperly by an employer that provides workers’ compensation coverage, contact the claims adjuster for the insurer. If still unsatisfied, seek the help of qualified and experienced legal counsel. 702 Defense has years of experience in the area of workers’ compensation and can be reached at 702-333-3673.