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Pregnancy and Workers’ Compensation Claims

Pregnant women have unique concerns when they are injured. Protecting the health of a developing fetus can limit treatment options, like antibiotics, that might otherwise be available. And some injuries can pose serious risks to the fetus itself. For a pregnant woman who is injured at work and is receiving benefits under a workers’ compensation program, such challenges can raise questions about coverage and employment rights.

Nevada law protects pregnant women in the workplace

The Nevada Pregnant Workers’ Fairness Act (NPWFA), NRS 613.335, limits the ways that employers can restrict a pregnant employee’s job responsibilities. Among other things, the law requires covered Nevada employers to provide pregnant employees with reasonable accommodations to allow them to continue to work during pregnancy and after childbirth. For employees who do manual work, the employer may lawfully offer light duty or a less risky role to protect the health of the employee and her fetus, and to manage the employer’s risk with respect to potential workplace injuries. Although the NPWFA isn’t expressly a workers’ compensation law, it provides an important context for women who are injured at work while they are pregnant. A pregnant woman does not need to accept an employer’s unreasonable job restrictions that are only intended to limit the employer’s potential liability and create an unnecessary burden upon the employee.

Workers’ comp applies to all job-related injuries

Nevada’s workers’ compensation law requires all employers to insure their employees against all injuries and illnesses that arise out of or in the course of employment. The fact that an employee was pregnant at the time of an injury has no bearing on coverage. So long as the injury happened during working hours, or while the employee was performing work-related duties, coverage will apply. This is true regardless of the specific cause of the injury. A pregnant employee whose injuries also cause pregnancy-related complications should expect those complications to be included as a component of coverage. It’s important to bear in mind that coverage may not be approved for conditions that cannot be traced to the job-related injury. Records of the employee’s obstetric treatment will be important to show that a condition did not exist prior to the work injury.

GGRM represents clients in complex workers’ compensation cases

For over 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in workers’ compensation claims disputes. We are happy to help women who are facing challenges involving pregnancy and workers’ comp claims to seek better outcomes for themselves and their children. For a free attorney consultation call us at 702-388-4476 or send us a request through our site.