In certain rare instances, a workmans comp lawyer may be able to help an injured employee sue an employer for circumstances related to a work injury or illness claim.
Laws governing basic workers compensation claims allow an injured worker to receive compensation for medical care, permanent injuries, retraining and some wage loss. This is true regardless of who is at fault for the accident that caused the injuries. Because employers are required to carry workmans comp coverage, employees are prohibited from suing them for occupational illness or work-related injuries in most cases.
Nevada law allows for limited exceptions. An injured employee may be able to file a lawsuit against an employer under the following circumstances:
- An employer demotes the employee to a lesser position following an injury, giving the employee no other option but to quit.
- An employer commits assault and battery intentionally injuring the employee.
- An employer fires an employee for refusing to do a job in unsafe conditions.
- An employee files a workmans compensation claim and is fired.
Sometimes an employee believes the employer failed to provide a safe work environment or was grossly negligent in a way that caused the injury. If this is the case, the injured employee’s only recourse is to file a complaint about the unsafe conditions with the regulatory agency under Nevada’s Occupational Safety and Health Act. The employer may receive a fine but the employee does not receive any compensation and cannot sue for damages.
If you are injured at work and need help filing a claim, contact Greenman, Goldberg, Raby, Martinez Law Firm at 702-388-GGRM (4476) to speak to an experienced workmans comp lawyer today.