Tag Archives: exclusive remedy
In a previous blog, I wrote about how workers’ compensation is the exclusive remedy for employees to recover benefits for an injury that occurred at work. Does workers compensation cover every injury that occurs at work? No, workers’ compensation doesn’t automatically apply to all injuries just because they occurred at work. The injury must arise … Continue reading What Does Workers’ Compensation Cover?
All too often I hear from client’s “I don’t want to sue my employer… I love where I work!” Occasionally, I will also hear, “I hate my employer… this is all their fault, can I sue them?” My response to both of these clients is the same. In Nevada, an injured worker can not sue … Continue reading What Does Workers’ Compensation Being An Exclusive Remedy Mean?
New OSHA regulations go into effect the first of this year that increase the reporting requirements for employers of more than 10 employees of work-related serious injuries. The December 22, 2014 article in theLas Vegas Business Press states that with increased funding and expanded enforcement Nevada employers have noticed increased OHSA investigations. Reportable serious injuries … Continue reading OSHA Regulations on Reporting Fatalities and Serious Injuries in Nevada
The Bellagio blackjack dealer whose face was slashed just before Christmas this past year filed a lawsuit this week against her employer and her jailed attacker, according to theLas Vegas RJ today (2/26/13). The newspaper stated that the legal complaint against the Bellagio by the injured employee alleges that employer Bellagio failed to ensure … Continue reading Employer Bellagio Sued by Blackjack Dealer for Attack
Click here for a short video on how workers’ compensation laws developed in the U.S. Remember that each state has its own laws, and that the idea is to compensation all injured workers to some extent. In order to require that employers purchase workers’ compensation insurance policies, the cost has to be affordable for employers. … Continue reading Origin of Workers’ Comp Laws
According to the U.S. Bureau of Labor Statistics, in 2010, about a fifth of all workplace fatalities in Nevada were caused by a worker falling. Almost every serious fall injury I’ve handled in the Nevada work comp arena in the past fifteen years was caused either by the employer’s obvious failure to follow safe work practices, or the employee’s own unsafe actions. … Continue reading Bad News for Nevada Injured Workers Who Fall At Work?
People who contact me after getting hurt as a result of an unsafe work condition ask about suing their employer. In this lousy economy many employers are trying to save a buck by not following safety procedures to protect employees from foreseeable accidents. The worker who ends up hurt due to an obvious unsafe work condition or practice feels angry toward … Continue reading Why You Can’t Sue Your Employer in Nevada
Q: If I file a workers’ compensation claim, does that mean that I am suing my employer? A: No. When you go to a doctor for your work injury, the doctor should give you a C-4 (Claim for Compensation form) when you tell the doctor that you were hurt at work. Your completion of the upper … Continue reading Is Filing a Claim the Same As Suing My Employer?
I am asked so many questions about whether an injured worker can sue his employer that I have written an explanatory article entitled, “Can I Sue My Employer”. That article is in the Information Center at https://jhwlawoffice.com/can-i-sue-my-employer.php. I have included the citations to the Nevada Supreme Court decisions that discuss the exceptions to the exclusive remedy … Continue reading The Exclusive Remedy Rule
I am surprised that no one is discussing making changes to Nevada’s exclusive remedy law as one of many proposed solutions to the workplace safety problem. The recent U.S. House and Senate Committee hearings on Capitol Hill concerning OSHA’s role in investigating workers’ fatalities prompted a suggestion from Representative Dina Titus this week that criminal … Continue reading Time to Change Exclusive Remedy Law in Nevada