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.
2 Answers from Attorneys
Re: Suing an employer
Work Comp is your exclusive remedy, which means your employer is immune from civil suit (e.g. negligence action).
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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.