Suing Over a Work Injury in Nevada

Generally no. The rights and remedies of NRS chapters 616A to 616D for a work injury are exclusive of all other rights and remedies of the employee and family, at common law or otherwise, except as those chapters provide, and the compensation terms are compulsory for covered employers and employees. One statutory exception: if the employer failed to provide and secure compensation, the injured employee may sue the employer for damages as if those chapters did not apply.

Yes. If someone other than the employer is liable, the injured employee may sue that person; compensation is reduced by damages recovered, and the insurer (or the Administrator) is subrogated to the claim and has a lien on the total proceeds of the recovery. Before starting a lawsuit or claim, the employee or the employee's attorney must notify the insurer or Administrator in writing. Within 15 days after receiving the recovery, the employee (or representative) and the third party's insurer must notify the insurer or Administrator and pay the amount due with an itemized statement.

An employee of an employer that failed to provide mandatory coverage may receive compensation from Nevada's Uninsured Employers' Claim Account if the employee was hired or regularly employed in Nevada, was injured on the job in Nevada (or on a temporary out-of-state assignment of up to 12 months), files a claim, and irrevocably assigns subrogation rights. The employer must prove it had coverage or was not required to, and is liable for interest on amounts the Account pays. Separately, the employee may sue the uninsured employer for damages as if the workers' compensation chapters did not apply; the employer cannot use assumption of risk, co-worker negligence or the employee's negligence as defenses, and the injury is presumed to result from the employer's negligence.