If you were injured at work in Nevada, your first instinct may be to file a workers’ compensation claim — and that is usually the right first step. But workers’ compensation is not always your only option, and in many cases it is far from your best one. Understanding the relationship between Nevada workers’ compensation and personal injury lawsuits — and knowing when you can pursue both — can significantly increase your total recovery.
How Nevada Workers’ Compensation Works
Under Nevada Revised Statutes Chapters 616A–616D, Nevada’s workers’ compensation system is a no-fault program: if you are injured on the job, you receive medical treatment and wage replacement benefits without needing to prove your employer was negligent. The trade-off is capped benefits. Workers’ comp covers medical expenses, two-thirds of lost wages while you cannot work, and permanent impairment ratings — but it pays nothing for pain and suffering, full lost wages, or emotional distress.
The exclusive remedy rule means you generally cannot sue your employer in civil court for workplace negligence — workers’ comp is the only remedy against your employer. But this rule has a critical exception.
Third-Party Personal Injury Claims: When You Can File Both
If a party other than your employer caused or contributed to your work injury, you can file a personal injury lawsuit against that third party while simultaneously receiving workers’ comp benefits from your employer’s insurer. This is the most important exception to the exclusive remedy rule — and it applies more often than most injured workers realize.
Common third-party scenarios in Nevada: a delivery driver injured by another motorist while making deliveries (workers’ comp from employer + PI claim against the at-fault driver), a construction worker injured by a subcontractor’s equipment or negligence (workers’ comp + PI claim against the subcontractor), a warehouse worker injured by a defective forklift (workers’ comp + product liability claim against the manufacturer), a nurse or healthcare worker assaulted by a patient or third party (workers’ comp + potential civil claim).
What a Third-Party Claim Adds to Your Recovery
A successful personal injury lawsuit against a third party recovers everything workers’ comp does not: full lost wages (not just two-thirds), pain and suffering, emotional distress, loss of future earning capacity, and in appropriate cases, punitive damages. The difference in total recovery between workers’ comp alone and workers’ comp plus a third-party PI settlement is often substantial — sometimes several times the workers’ comp benefit.
Nevada law requires that your employer’s workers’ comp insurer be reimbursed from your PI settlement for benefits they paid — called a subrogation lien. An attorney negotiates this lien to ensure you keep the maximum net recovery. The Nevada Division of Industrial Relations oversees workers’ compensation claims in the state.
Frequently Asked Questions
My employer pressured me not to file workers’ comp. Is that legal? No. Retaliation against an employee for filing a workers’ comp claim is illegal in Nevada under NRS 616D.120. Document any pressure and consult an attorney immediately.
If I settle my workers’ comp claim, do I lose my PI rights? Not automatically. A workers’ comp settlement typically releases only the employer and their insurer — not independent third parties. Review the settlement documents carefully with an attorney before signing.
What are the deadlines for each type of claim? Workers’ comp: generally 90 days to report the injury to your employer and 70 days to file the claim. Personal injury against third parties: Nevada’s standard 2-year statute of limitations runs simultaneously. Both clocks are running — consult an attorney without delay.
Marathon Law Group handles both workers’ compensation coordination and third-party personal injury claims for Nevada injured workers. Call (702) 522-1808 for a free evaluation.