All too often I hear from client\u2019s \u201cI don\u2019t want to sue my employer\u2026 I love where I work!\u201d Occasionally, I will also hear, \u201cI hate my employer\u2026 this is all their fault, can I sue them?\u201d My response to both of these clients is the same. In Nevada, an injured worker can not sue their employer for injuries that occurred in the course and scope of their employment. The injured workers\u2019 remedy is to file a claim for workers\u2019 compensation through their employer\u2019s workers\u2019 compensation insurance policy.<\/p>\n
Workers\u2019 Compensation is an Exclusive Remedy.<\/em><\/p>\n In most states, including Nevada, a workers\u2019 compensation claim is an injured workers\u2019 only\u00a0 remedy for injuries that occurred at work. This means you cannot sue your employer for negligence, even if a co-worker pulled the ladder out from under you or if your employer had you using old busted tools. It is a no fault system. Now, this is not to say that one can go and smash his hand with a hammer in an attempt to get a settlement. The injury must still be unforeseen, sudden, and tangible. However, the injured worker will not need to show that some duty of care was breached or that the injury was caused by someone else.<\/p>\n The negative side effects of an inability to sue an employer for negligence include no punitive damages and no recovery for pain and suffering. A workers\u2019 compensation claim is an insurance claim for medical and monetary benefits for injuries that occurred at work. The purpose of workers\u2019 compensation insurance is to have medical treatment paid for, to receive compensation for any time missed from work, and to receive some compensation for any permanent impairment that may affect future employment.<\/p>\n A positive side effect includes the ability for employers and injured workers to rest easy knowing that this shouldn\u2019t create animosity in the workplace. Although, the reality of it is filing a claim can occasionally cause animosity, it is important for both sides to remember that this is a claim for insurance benefits from the insurance company.<\/p>\n In Nevada, every employer with one or more employees is required to have workers\u2019 compensation insurance. Workers\u2019 compensation insurance not only protects an injured worker, but their employers as well.<\/p>\n Give me a call<\/a> or send an email for a free consultation<\/a> if you if you have questions or concerns about filing a workers’ compensation claim.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" All too often I hear from client\u2019s \u201cI don\u2019t want to sue my employer\u2026 I love where I work!\u201d Occasionally, I will also hear, \u201cI hate my employer\u2026 this is all their fault, can I sue them?\u201d 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?<\/span>