{"id":55,"date":"2009-09-04T06:28:00","date_gmt":"2009-09-04T06:28:00","guid":{"rendered":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/?p=55"},"modified":"2020-02-09T21:46:44","modified_gmt":"2020-02-09T21:46:44","slug":"the-exclusive-remedy-rule","status":"publish","type":"post","link":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/2009\/09\/articles\/workplace-safety\/exclusive-remedy\/the-exclusive-remedy-rule\/","title":{"rendered":"The Exclusive Remedy Rule"},"content":{"rendered":"<p>I am asked so many questions about whether an injured worker can sue his employer that I have written an explanatory article entitled, &#8220;Can I Sue My Employer&#8221;.\u00a0 That article is in the Information Center at <a href=\"https:\/\/jhwlawoffice.com\/can-i-sue-my-employer.php\">https:\/\/jhwlawoffice.com\/can-i-sue-my-employer.php<\/a>.\u00a0 I have included the citations to the\u00a0Nevada Supreme Court\u00a0 decisions that discuss the exceptions to the exclusive remedy rule. The exclusive remedy rule\u00a0is used by employers to defeat lawsuits attempted by injured workers who try\u00a0to sue employers for\u00a0 their work injuries.<\/p>\n<p><a href=\"http:\/\/www.leg.state.nv.us\/NRS\/NRS-616A.html#NRS616ASec010\">\u00a0NRS\u00a0616A.010 <\/a>and<a href=\"http:\/\/www.leg.state.nv.us\/NRS\/NRS-616A.html#NRS616ASec020\">616A.020 <\/a>are the actual laws that contain the language relied on by employers using the exclusive remedy defence.\u00a0 Those laws say that injured workers cannot sue their employers for a\u00a0work-related injury or occupational illness, and that injured workers\u00a0must\u00a0instead be \u00a0compensated\u00a0with the benefits provided by the laws that make up our workers&#8217; compensation system in Nevada.\u00a0 However, if the injury is caused by someone other than the employer or a co-employee, the injured worker may also pursue a personal injury action against the person or entity responsible for causing the injury.\u00a0 The law then becomes very complex in determining who or what is a &#8220;co-employee&#8221;, or an &#8220;employer&#8221; for purposes of determining whether a personal injury lawsuit can be brought.\u00a0 In <u>Richards v. Republic Silver State Disposal<\/u>, 148 P.3d 684 (2006), the Nevada Supreme Court reviews the body of case law on this topic.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I am asked so many questions about whether an injured worker can sue his employer that I have written an explanatory article entitled, &#8220;Can I Sue My Employer&#8221;.\u00a0 That article is in the Information Center at https:\/\/jhwlawoffice.com\/can-i-sue-my-employer.php.\u00a0 I have included the citations to the\u00a0Nevada Supreme Court\u00a0 decisions that discuss the exceptions to the exclusive remedy &hellip; <a href=\"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/2009\/09\/articles\/workplace-safety\/exclusive-remedy\/the-exclusive-remedy-rule\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">The Exclusive Remedy Rule<\/span> <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[48],"tags":[52,53,54],"class_list":["post-55","post","type-post","status-publish","format-standard","hentry","category-exclusive-remedy","tag-exclusive","tag-exclusive-remedy","tag-remedy"],"acf":[],"aioseo_notices":[],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/posts\/55","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/comments?post=55"}],"version-history":[{"count":5,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/posts\/55\/revisions"}],"predecessor-version":[{"id":1676,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/posts\/55\/revisions\/1676"}],"wp:attachment":[{"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/media?parent=55"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/categories?post=55"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/tags?post=55"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}