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When can a workplace accident in Las Vegas lead to a lawsuit?

If you are an employee of a company in Nevada, then you should be covered by the business’ workers’ compensation insurance. According to the Nevada Department of Business and Industry, every organization that has at least one employee must carry a policy that will extend benefits to someone who suffers an injury or illness in the workplace.

Generally, an employee at a company with a policy in place will not be able to file a lawsuit against the employer following an injury. Nevada employs an “exclusive remedy” mandate that states that workers’ compensation is the only way for an employee to secure money for his or her injury.

However, the Nevada Supreme Court has issued several rulings that demonstrate situations in which a worker may be able to file a lawsuit against his or her employer following an injury, and those are the following: 

  •        If the worker was fired for filing a claim for workers’ compensation
  •        If the worker was demoted due to his or her work-related injury or illness
  •        If the employer directly harmed the worker through battery or assault

A worker is also able to refuse to work in a place deemed unsafe or hazardous. If that worker is fired for doing so, he or she may seek legal recourse.

Lastly, it is important to point out that a personal injury lawsuit may follow a work-related injury in the event that a third party’s negligence caused the incident. For example, if a worker is driving as part of his or her job and another negligent driver causes an injurious accident, the worker may choose to file a lawsuit against that driver.

Both employees and companies should know what can happen following an incident and the factors that could prompt a lawsuit. While this information may be useful, it should not be taken as legal advice.

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