Can You Sue Your Employer If Workers’ Comp Doesn’t Cover Everything?

Workplace injuries can result in large medical bills, loss of wages, and more. In most cases, Las Vegas employers will have workers’ compensation insurance that can cover these costs for you. In fact, the state of Nevada requires it. However, sometimes this insurance does not cover all of your expenses. What do you do then?

Suing your employer for your injuries may be an option, but only in certain circumstances. Hiring a Las Vegas personal injury lawyer can help you get the compensation you deserve from the start. If you find that your settlement offer was not enough, your lawyer can negotiate on your behalf and help you understand your options moving forward. However, with more information, you can make decisions that will benefit you in your future.

Are Businesses Required To Have Workers’ Compensation In Nevada?

All businesses are required to have workers’ compensation in Nevada if they have one or more employees. This rule applies regardless of whether the employees are full-time or part-time. There are a few exceptions to note of people who are not required to be covered:

• Independent Contractors
• Household/domestic workers employed in private homes
• Certain farm and ranch workers
• Sole proprietors without employees
• Real estate agents who work on commission
• Certain commission-based salespeople

In general, if you are employed by a company, your employer should have workers’ compensation that covers you by Nevada law.

The Damages & Losses You Can Claim From Workers’ Compensation

There are many damages and losses that you will experience after an injury at a workplace. Many if not all of these can be covered by your workers’ compensation claim, especially if you have a lawyer helping you gather the right evidence. The damage and losses you can claim include:

• Doctor visits
• Hospital stays
• Surgery
• Prescription medications
• Physical therapy
• Medical equipment
• Mileage reimbursement for travel to medical appointments
• Lost wages
• Death benefits for dependents of deceased workers

It’s important to note that unlike other personal injury claims, workers’ compensation does not cover pain and suffering, emotional distress, or punitive damages.

Filing a Las Vegas Workers’ Compensation Claim

When you’re injured in a workplace accident, the next steps you take are crucial. To make sure you are meeting the deadlines and taking the right steps for a successful workers’s comp claim, you can reach out to a skilled Las Vegas personal injury lawyer who will guide you through the process.

The very first thing you should do is seek medical attention for your injuries. You must do this by visiting an authorized workers’ compensation doctor. Tell your doctor the accident is work-related and they will complete a C-4 Form, the Employee’s Claim for Compensation. When you send in this form, this will start the official workers’ comp claim.

You will have 7 days from the moment of injury to notify your employer which is another crucial step. Your employer will present you with a C-1 Form, the Notice of Injury, which you will fill out. Once you have completed these steps, you should receive an approval or denial from your employer’s insurance within 30 days. If denied, ask your lawyer about how to go about an appeal.

What Happens If Workers’ Compensation Doesn’t Compensate For All Damages?

While Las Vegas workers’ compensation can be helpful, it may not cover all of your damages. In which case, you might have a couple options:

• Appeal the Decision: If you were denied compensation or underpaid and you have not signed a settlement agreement, you may be able to appeal the decision with the Nevada Department of Administration- Hearings Division. Your lawyer can help argue for a higher settlement.
• Check for Additional Benefits: You may qualify for permanent partial or total disability benefits, vocational rehabilitation, or social security disability.
• Suing Your Employer or a Third-Party: A lawsuit is an option, but only in certain circumstances. Check with your lawyer to see if a lawsuit could benefit you and get you more compensation.

Suing An Employer: When Can You Sue With a Las Vegas Personal Injury

Because the state of Nevada requires all businesses to hold workers’ compensation, employees are unable to sue their employers for workplace injuries, even if the workers’ compensation does not fully cover the expenses. However, this does not mean a lawsuit is completely off the table. Especially if a company does not have workers’ compensation.

There are a few circumstances that allow you to begin a lawsuit. These circumstances include:

• Your employer intentionally caused harm, such as through physical assault, sexual assault, or knowingly exposing you to extreme danger.
• Your employer failed to carry the legally required workers’ compensation insurance.
• Your injury was caused by a third-party. For instance, if the machine that caused the injury was defective, you may be able to sue the machine manufacturer.
• Someone other than your employer contributed to your injury and can be sued.

In most scenarios, a workplace injury will lead to a Las Vegas workers’ compensation claim and you will be unable to begin any other lawsuit against your employer. However, if you believe you might have a case against your employer or other party, reach out to your personal injury lawyer for guidance on how to move forward with the process.

Hire Our Trusted Las Vegas Personal Injury Lawyers To Provide Peace Of Mind In Your Workers’ Compensation Case!

Our staff of attorneys, paralegals, and other team members are dedicated to high-quality client service and aggressive legal representation. We have become a top-rated personal injury law firm in Vegas and want to help you with your Las Vegas workers’ compensation case.

From advice on next steps to negotiations that advocate for your needs, reach out to our law firm at Benson & Bingham—contact us today!