According to a January 2025 news release by the U.S. Bureau of Labor Statistics, private-sector employers reported 36,600 non-fatal workplace injuries and illnesses in 2023. Around 12,000 cases resulted in job transfers or restrictions, while 10,400 resulted in days away from work.
If you’ve also sustained work injuries in Las Vegas, NV, you may be wondering whether to file a workers’ compensation claim or pursue litigation. Workers’ comp claims are almost always workers’ first (and usually sole) remedy. However, there are some cases wherein filing a claim for worker’s comp insurance and litigation are possible.
In this guide, the attorneys at Kaplan Law Group will share insights into worker’s compensation vs. litigation. Please read on.
What Is Workers’ Compensation in Nevada?
In Nevada, workers’ compensation is a no-fault insurance plan that provides benefits for workers who are injured in the course and scope of their employment.
The primary workers’ compensation benefits include coverage for:
- Medical treatment
- Wage replacement
- Permanent or partially permanent disability
- Vocational rehabilitation
Laws Governing Workers’ Comp in Nevada
All employers must adhere to Nevada Revised Statutes (NRS) Chapters 616A, to 617 and the Nevada Administrative Code (NAC). They govern workers’ compensation laws in the state and require all employers to carry this type of insurance.
As explained by the Division of Industrial Relations, Workers’ Compensation Section (WCS), employers who fail to obtain workers’ comp will face hefty penalties and fines like:
- Administrative fines of up to $15,000
- Other premium penalties
- Orders to close the business until they’ve acquired appropriate insurance
- Being financially responsible for all work-related injury and illness costs
- Being subject to criminal penalties for claims of death or substantial bodily harm
When Workers Can and Should File a Workers’ Comp Claim
Some of the injuries and illnesses covered by Nevada workers’ comp are:
- Accidental injuries (e.g., broken bones, burns, and lacerations)
- Illnesses (e.g., allergen or harmful substance exposure at work)
- Occupational injuries (e.g., sprains and strains)
- Overexertion injuries (e.g., repetitive lifting or maintaining awkward postures)
- Job-related vision or hearing loss
As detailed below, barring some exceptions, to have a valid workers’ compensation claim, the injury must have occurred in the course and scope of employment, meaning the injury was an inherent risk of the employee’s job duties. Additionally, the injured worker must have timely reported the injury to their employer, and a C-4 Form must be completed by a physician within 90 days of the injury.
The Claims Filing Process
Workers must report any job-related incident or illness in writing to supervisors or employers within seven days. For this, they must use the C-1 Form (Notice of Injury or Occupational Disease – Incident Report).
Workers must also have their attending physician or chiropractor complete the C-4 Form (Employee’s Claim for Compensation/Report of Initial Treatment). The physician or chiropractor must file this with the injured or sick worker’s employer and workers’ comp provider within three working days of treatment.
After receiving the C-4 Form, employers must complete the C-3 Form (Employer’s Report of Industrial Injury or Occupational Disease). Then, they must file it with their insurer within six working days.
Upon receipt of the C-4 Form, insurers have 30 days to:
- Accept the claim and inform the claimant about the acceptance
- Start payment of the claim
- Deny the claim and notify the claimant of the denial
Regardless of the insurer’s decision, they must inform the claimant in writing and send the notice by certified mail.
Litigation Outside of Workers’ Comp
While your workers’ compensation attorney may have to go to Court to battle the workers’ compensation insurance company to fight for your rights, in most cases, a workers’ compensation claim is an exclusive remedy for injured workers in Las Vegas. This means that workers cannot sue their employers for work-related injuries and illness, even if it was the fault of the employer. Still, injured workers can explore other legal compensation options, including litigation, in the following instances:
Violation of Workers’ Comp Laws
Suppose an employer has failed to acquire or maintain workers’ comp insurance. Since the law requires this coverage, their non-adherence allows their workers to sue them.
Workplace Violence
Another scenario wherein a worker can pursue litigation is if workplace violence is behind their injury or illness. According to the Occupational Safety and Health Administration (OSHA), in the U.S., violence is the third-leading cause of fatal work-related injuries. It leads to the loss of thousands of lives and many other non-fatal injuries.
Workers can pursue litigation if their injuries result from the direct violent actions of an employer (e.g., battery or assault).
Employer Retaliation
Litigation is also an option if an employer fires a worker who becomes ill or sustains a job-related injury. Employers cannot fire employees solely because they have filed a workers’ compensation claim or reported a workplace incident. Such action is illegal and constitutes retaliatory termination under NRS 618.445.
Third-Party Negligence
Injured workers may also file lawsuits if their job injury or illness results from a third party’s negligence, such as a car crash.
For instance, say you were driving as part of your job duties. Unfortunately, another motorist who was texting while driving collided with your vehicle. In this case, you can file a workers’ compensation claim and a third-party personal injury claim or lawsuit against the other driver.
Your Next Step
Whether your workers’ comp case is straightforward or complex, consider contacting a highly experienced workers’ comp lawyer as soon as possible. The workers’ compensation system in Las Vegas moves very slow and an attorney can help speed up the process so that you can get the benefits you need and return to work. An attorney can also explain:
- How the process works
- Your rights and responsibilities
- All the benefits you should receive
- The pros and cons of litigation vs. settlement
Consultations are typically free if you contact a reputable workers’ compensation law firm. And if you decide to hire them, they won’t charge you anything unless they win your case.
Partner With a Workers’ Comp and Litigation Lawyer
While filing a workers’ compensation claim is often the first step when you get injured or ill at work, remember that there are instances wherein you can also pursue litigation. For example, if your employer retaliates or fires you or if there’s third-party involvement.
Regardless of the complexity of your case, Kory and Brittany Kaplan, the workers’ compensation and litigation lawyers at Kaplan Law Group, can help. We have many years of experience in personal injury, civil, and business litigation and have successfully handled hundreds of cases. We’ll use our expertise, skills, and knowledge to do the same for you and your case.
Speak with us today so we can get started with your free case consultation!
