Nevada’s exclusive remedy law prevents an injured worker from filing a lawsuit against a properly insured employer, except under certain circumstances.
Uninsured Employers can be Sued
Under Nevada insurance laws, any employer who provides workers’ compensation for on-the-job injuries cannot be sued in court for a worker’s injuries. State law upholds this ruling in most work-related injury cases. In Nevada, all employers are required by law to purchase workers’ compensation insurance to cover work-related injuries for their employees. If an employer is properly insured, the law states that the injured worker must file a workers’ compensation claim to recover industrial benefits. Some states allow an exception to the worker’s compensation exclusive remedy doctrine if an employee faces hazardous work conditions, but Nevada does not.
If an employer is not insured, the court will allow an injured worker to file an injury lawsuit against the employer. Nevada law states that an uninsured employer who is violating the law should not benefit from the protection provided under Nevada’s exclusive remedy law. If a worker is allowed to sue, he/she may receive benefits that are unavailable to most workers that allege injury due to negligence. The injured worker may also bring a workers’ compensation claim under the Nevada Uninsured Claims Fund Account.
Filing a Nevada Workers’ Compensation Claim
When a workplace injury occurs, a worker must notify his/her employer of the injury, in writing within 7 days of the accident. And within 90 days of the accident, the injured worker must also see a doctor and execute a “C4” form (claim for compensations). The industrial insurer will then issue a claim acceptance or denial within 30 days of receipt of the executed C4 form. If a workers’ compensation claim is denied, a worker can file an appeal with a Nevada Department of Administration, Hearings & Appeals Division within 70 days of the claim denial.