April 23, 2025 Workers' Comp
When you are injured on the job, the medical bills and lost wages associated with your accident create financial strain at the worst possible time. Workers’ compensation claims can help alleviate these hardships, but many workers hesitate to file claims because they worry their actions contributed to the accident. The good news is that Nevada’s workers’ compensation system provides a safety net even when you bear partial responsibility for your injury. Read on to learn more and contact an experienced Las Vegas workers’ comp lawyer today.
Nevada’s workers’ compensation system operates on a no-fault basis, meaning you can receive benefits regardless of who caused the accident. Unlike personal injury lawsuits where you must prove someone else’s negligence, workers’ compensation only requires you to demonstrate you were injured while performing job duties.
The system provides financial support for medical treatment, temporary disability payments for lost wages, and even permanent disability benefits. The trade-off is that you generally cannot sue your employer for negligence. You will also need to report your injuries quickly and comply with all deadlines, or the insurer could deny your claim.
While the no-fault system covers most workplace injuries, certain behaviors can disqualify you from receiving benefits. If your injury resulted from intoxication (alcohol or drugs), your claim may be denied. Insurance carriers sometimes request drug testing when workers are hurt on the job, and positive results can be used to contest claims.
Similarly, injuries resulting from horseplay, roughhousing, or deliberately violating safety protocols may not qualify for coverage. These activities fall outside the scope of employment, giving insurers grounds to deny your claim.
The key distinction is whether you were performing job duties when injured—not whether you performed them perfectly. Simple carelessness or momentary lapses in judgment typically won’t prevent you from receiving benefits.
While workers’ compensation claims do not consider fault, personal injury lawsuits against third parties operate differently. If someone besides your employer contributed to your injury—like equipment manufacturers, subcontractors, or property owners—you may pursue additional compensation through a civil lawsuit.
In these cases, Nevada’s modified comparative negligence laws apply. The court determines each party’s percentage of fault. If you are found less than 50% responsible, you can recover damages, but your award will be reduced by your percentage of fault. For example, if you are 30% responsible for a $100,000 injury, you would receive $70,000. However, if you are 50% or more at fault, you cannot recover any damages from the third party.
When a workplace injury happens, it can be difficult to know what to do next. Filing a claim while managing your recovery can create unnecessary stress. Additionally, if you were partly to blame for the accident some insurance providers may still attempt to use this fact against you.
You need an advocate on your side who can protect your interests and provide valuable guidance—and a Nevada workers’ compensation attorney can deliver that support. Your lawyer will work to recover maximum benefits while complying with all deadlines and requirements. Contact our firm to schedule a free legal consultation today to protect your rights and secure the compensation needed for your recovery.
