Legal Question in Personal Injury in Nevada

Suing an employer

Does workmens compensation replace your employer or become the one at fault after you are injured on the job due to negligence and are receiving Workmens Comp benefits. Can you additionally sue the employer for the negligence.


Asked on 6/26/08, 2:46 pm

2 Answers from Attorneys

David Fischer Fischer Sanders, LLP

Re: Suing an employer

Work Comp is your exclusive remedy, which means your employer is immune from civil suit (e.g. negligence action).

If you would like to discuss your case further feel free to give me a call at 702.385.2220.

You can see a discussion on this subject on my blog at:

http://www.nevadaworkcomplaw.blogspot.com

Take care.

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Answered on 6/26/08, 2:51 pm
James Smith James E. Smith Ltd.

Re: Suing an employer

Workers compensation is in lieu of suing the employer for negligence. That is the whole purpose of the system. However, if there are other third parties who are negligence they may be sued if they are liable. However, you would have to reimburse the workers comp insurer out of any settlement or judgment.

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Answered on 6/26/08, 3:43 pm


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