What Is My Employer’s Duty Regarding Injured Workers?

June 4, 2025 Firm News

Nevada employers are required by law to provide workers’ compensation coverage, but many try to avoid their responsibilities. When you get hurt at work, you shouldn’t have to worry about whether your employer will step up and provide the benefits you deserve. Unfortunately, some employers cut corners, leaving injured workers scrambling to cover medical bills and lost wages. If your employer fails to uphold their duty regarding injured workers, you may be entitled to legal action. 

Employer Obligations under Nevada Workers’ Compensation Laws

Workers’ compensation is a mandatory insurance system designed to protect employees who suffer job-related injuries or illnesses. In Nevada, virtually every employer with one or more employees must carry this coverage, regardless of whether workers are full-time, part-time, or temporary. This requirement extends to minors, undocumented immigrants, elected officials, board members, and even musicians hired to perform.

However, there are a few exceptions:

• Interstate commerce workers already covered by federal programs
• Employees with pre-existing disability plans that meet or exceed state requirements
• Workers temporarily in Nevada who maintain out-of-state coverage
• Household domestic workers and agricultural laborers

Your Rights When You Are Injured on the Job

If you are injured at work or develop an occupational illness, you have the right to file a workers’ compensation claim in Nevada. You do not need to prove your employer was negligent or at fault. You simply need to demonstrate that your injury or illness more likely than not resulted from your job duties.

When you are hurt on the job, you will need to take the following steps to initiate your workers’ compensation claim:

• Report your injury to a supervisor within seven days using the Notice of Injury or Occupational Disease form. 
• Seek treatment from an authorized medical provider.
• Complete the Employee’s Claim for Compensation form within three days of treatment and 90 days of the injury.
• Your employer’s insurance company has 30 days to accept or deny your claim. If denied, you can appeal within 70 days. 

Workers’ compensation benefits in Nevada include coverage for medical treatment, temporary wage replacement, vocational rehabilitation, and long-term disability. If you lost a loved one due to a work injury or illness, you may be eligible for death benefits.

What to Do If Your Employer Doesn’t Have Workers’ Comp Coverage

If your employer doesn’t hold workers’ comp coverage despite being required to under the law, you still have options for compensation. Depending on your situation, you can:

• File a workers’ compensation claim directly with Nevada’s Division of Industrial Relations
• Negotiate directly with your employer for compensation to cover your medical treatment and other entitled benefits
• Pursue a civil lawsuit against your uninsured employer

However, dealing with an uninsured employer involves complex legal procedures and carries significant risks if not handled properly. Working with an experienced Vegas injury attorney becomes essential to navigate these challenging circumstances and protect your interests. 

A lawyer can evaluate all available options, handle negotiations with your employer, file necessary claims with state agencies, and pursue civil remedies to maximize your recovery. Don’t let an employer’s failure to meet their legal duties leave you struggling with medical bills and lost income—contact a Las Vegas workers’ compensation attorney today to explore your options.