Workers Compensation Vs. Personal Injury Lawsuits

By Jason Weinstock on November 17, 2022

Workers’ comp vs. personal injury lawsuits – what’s the difference?

Get the facts about these two types of cases.

In Nevada, employers must provide workers’ compensation insurance for employees injured on the job. This coverage provides medical care, disability payments, and other benefits to injured workers.

Workers Comp vs. Personal Injury Lawsuits: What’s The Difference?

Workers compensation claims are filed when an employee gets injured on the job.

This includes things like muscular & skeletal injuries, car accidents while in the course and scope of employment, slip and falls, and other injuries caused by workplace hazards.

Railroad worker hurt on the Job
Photo 137963845 / Hurt Work © Cineberg Ug |
If an employee suffers injuries while at work, he or she has several options for seeking compensation.
    1. The worker can file a claim with his or her employer’s insurer. (In Nevada an injured worker cannot sue their employer for injuries sustained at work as workers’ compensation is an exclusive remedy.) The injured workers’ remedy is to file a claim for workers’ compensation through their employer’s workers’ compensation insurance policy. For more information on Exclusive Remedy and workers compensation, read my blog posts titled ‘Can I Have A Workers Compensation and Personal Injury Claim’ and What Does Workers’ Compensation Being an Exclusive Remedy Mean?’.
    2. The worker can also pursue a third-party lawsuit against another company or individual who caused the accident. For example, if in a car accident while working or a ladder manufacturer if the ladder was defective. Not every workers’ compensation claim will have a third-party option.

How do I know which lawyer I should hire?

Personal injury attorneys often handle car accidents, dog bites, premise liability (slip and falls on another’s property), and injuries that occur because of a faulty product. Some personal Injury attorneys do represent injured workers, however, attorneys who exclusively handle workers compensation law are more experienced in work injury law and devote their entire practice to injured workers.

In cases where you can file two claims, one for workers’ compensation benefits and one against a third-party, it can be very beneficial to have both a personal injury attorney and a workers’ compensation attorney. A knowledgeable workers’ compensation attorney can assess whether you may have an additional claim against a third-party and point you in the right direction to a competent personal injury attorney that can assist with the third-party claim.

Contact Nevada Workers Compensation Attorney, Jason Weinstock

If you do get hurt at work, you will want to contact an experienced Workers’ Compensation Attorney who will walk you through the workman’s’ comp filing process. Contact Attorney Weinstock by email or call (702) 699-5336.


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