A work injury can be quite challenging for employees and independent contractors to deal with since they are left with the burden of medical bills, missing wages, and financial difficulties. However, if it is proved that someone else's negligence caused your injury, employees and independent contractors can file a lawsuit for personal injury to secure full compensation. Workers' compensation could cover some employees, but it usually is inadequate, and independent contractors are rarely insured, making filing a lawsuit necessary to claim damages.

A job injury lawsuit requires you to prove the liability, present strong evidence, and submit certain documents on time. If hazardous conditions, faulty equipment, or a third party's negligence were the reason for your injury, you can hold the at-fault parties liable. The sooner you act, the stronger your case because delays can weaken evidence and restrict recovery. An experienced workplace injury lawyer can shield your rights, assist you in the legal process, and ultimately help you secure the maximum compensation you deserve.

What to Do After a Workplace Injury

When you are injured at work, the steps you take right after the occurrence will determine your health, legal rights, and financial recovery. To start with, seek medical attention. Even if your injury seems slight, seek a specialist's medical examination. This ensures that you receive appropriate care and creates a medical record, which will be important if you later need to submit a workers' compensation claim or take legal action.

After seeking medical treatment, report the injury to your employer. In Nevada, you have 7 days to report an accident that causes injury and 90 days for an occupational disease. Make sure you fill out the C-4 Form, which is also known as the Employee's Classification for Compensation or Report of Initial Treatment. Complete it accurately, have it signed, and retain a copy for your records. You might also be asked to sign the C-3 Form, which acknowledges receipt of workers' compensation rights information. If your employer is part of a managed care organization, you should sign a D-6 Form to confirm that you have understood your rights and obligations set under that system.

Throughout the process, you have to document everything. Maintain a detailed record of all details of the injury. For instance, take pictures of the location, any unsafe conditions, and your injuries. Moreover, keep records of all medical treatments, diagnoses, prescriptions, and interactions with your employer and the insurance company. This information would be vital in support of your claim.

Workers' Compensation Vs. Civil Lawsuits for Workplace Injuries

Should you find yourself injured while working, you will usually have two options for pursuing the claim:

  • Filing a workers' compensation claim and
  • Pursuing a civil lawsuit

They are two legal options offering different remedies and having separate procedures.

  1. Workers' Compensation

Workers' compensation is a no-fault insurance system, which means that this option helps you secure the help you need as soon as possible after you have suffered a work-related injury. This program covers your medical expenses, wage replacement, and vocational rehabilitation without requiring you to prove fault. To qualify for this program, you must report the injury to your employer within 7 days of the accident or 90 days for occupational diseases. After you notify them, you should file a claim with the workers' compensation insurer.

Despite the hassle-free process, workers' compensation benefits carry a price. The system does not pay for:

  • Your emotional pain and suffering
  • Punitive damages, or
  • A full-wage replacement

Workers’ compensation only allows you to receive a percentage of the lost wages, which is calculated using a formula laid down by the state. Furthermore, there could be disputes regarding the eligibility, availability of medical treatment, or the time benefits have been given. If there are such disputes, they will be witnessed during administrative hearings in Nevada.

Disabilities notwithstanding, this program remains the quickest way to secure the financial relief you need after an injury due to work. However, in some situations, the civil suit offers an option to secure more money than what the worker's compensation pays.

Note: Workers' compensation laws generally protect employers from lawsuits, except for gross negligence or intentional harm.

  1. Civil Lawsuits for Workplace Injuries

Civil suits allow you to obtain damages in addition to those available only through workers' compensation. As opposed to workers' compensation not needing to demonstrate fault, a civil lawsuit does need you to show that another party's negligence caused your injury.

You can file a civil lawsuit under specific circumstances, including:

  • Third-party negligence — If your injury was caused by a contractor, equipment manufacturer, or another non-employer entity, you can sue for damages without affecting your workers' compensation.
  • Employer's misconduct — Under Nevada law, you have grounds for your lawsuit if the employer performs intentional acts that put you in danger or negligence by failing to address unsafe conditions.
  • Damages beyond workers' compensation limits — If your losses include pain and suffering, emotional distress, or a full-wage replacement, none of which are covered by workers' compensation, you can pursue a lawsuit to seek full recovery.

While civil suits have a broader spectrum of compensation available, they present challenges. You have to prove somebody was negligent, which can be very costly and time-consuming, as you might need to get witness statements, medical reports, and expert witnesses to prove your claim. The litigation process can be complicated, lengthy, and costly.

However, workers' compensation laws usually bar employees from suing their employers except where an exceptional circumstance arises. Besides, if you benefit from a lawsuit, it may be subtracted from workers' compensation benefits according to subrogation laws.

What to Do if You are an Injured Independent Contractor

Independent contractors can encounter unique difficulties if they are hurt while working. They are not automatically entitled to workers' compensation benefits, which means they do not have the same safety net as employees regarding work injuries.

Their primary way to recover is through a personal injury lawsuit, where they can secure damages. As a contractor, you can only win the lawsuit if you present evidence proving another party's negligence as a causative factor. This usually involves demonstrating the breach of the duty of care by the responsible party.

Personal injury cases are more complicated than workers' compensation claims, where fault is not a factor. The workers' compensation claims process delivers quicker compensation payments than having to prove negligence.

One huge advantage of a personal injury lawsuit is the broader scope of damages. This could mean compensation for:

  • Payments to the doctor for medical care now and in the future,
  • Lost income
  • Pain and suffering
  • Diminished earning capacity and
  • On rare occasions, punitive damages are incurred if negligence is severe. This is particularly important for those who, as a result, will bear permanent disabilities, will need to change their lifestyle, and will need long-term, ongoing healthcare.

Another key point for independent contractors is the classification of the work status. Although you may believe the 1099 form given to you by your employer proves your status as an independent contractor for tax purposes, that is not the case. The courts use the working relationship between the employer and the worker to assess this. They look at the following:

  • The level of control the employer has over the worker
  • The financial arrangement and
  • Whether the services provided are essential to the business — Misclassification of workers as independent contractors can lead to considerable losses, which the employees can claim, including back pay and other employee rights.

What are the Potential Remedies for Injuries Sustained on the Job?

Workers' compensation and personal injury claims have separate advantages and disadvantages, determined by your case's specifics.

  1. Workers' Compensation

By claiming workers' compensation, you are entitled to receive benefits including:

Medical Expenses

Workers' compensation covers all medical treatments regarded as necessary for your injury or even for additional future medical care if needed. However, it is limited to injuries that happen at the workplace.

Disability Benefits

  • Temporary total disability (TTD) — If you become completely incapacitated and unable to work, you are entitled to receive 66 2/3% of your average monthly wage, subject to a maximum limit.
  • Temporary partial disability (TPD) — If you return to work but with reduced hours, you will receive compensation to make up the difference in wages.
  • Permanent partial disability (PPD) — If your injury results in a permanent disability that does not entirely hinder you from doing your work, you will receive the benefits based on a schedule or impairment rating.
  • Permanent total disability (PTD) — If your injury makes you permanently unable to work, you can receive lifetime benefits at the TTD rate, subject to the same maximum weekly cap.

Vocational Rehabilitation

If you need help securing a new job or training for one, vocational rehabilitation is a program that can help you.

Death Benefits

If the injury leads to death, workers' compensation is liable to pay up to $10,000 for the funeral and burial costs. The dependents you leave behind, like a spouse or children, will be eligible to receive a percentage of your average monthly earnings as weekly benefits. The weekly benefits will depend on the rules prescribed to the surviving family member.

  1. Personal Injury Claim

If you suffered injuries because of a third party's negligence or intentional harm or due to gross negligence by your employer, you can demand damages through a personal injury claim. This path allows you to seek:

Compensatory Damages

These damages fall into two categories, namely:

  • Economic damages — This category contains the amount of money you will spend on medical treatments (both immediate and future), the amount of lost wages, and reduced income. The list also includes property damage.
  • Non-economic damages — You can claim damages caused by pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

Punitive Damages

If the negligent act was particularly severe, you could secure some punitive damages as a punishment against that party, which is a compensation type not available through workers' compensation.

Note: You will receive a significantly higher award in wrongful death lawsuits than in judgment awards through workers’ compensation. This is because there is no statutory cap on wrongful death damages.

The Common Reasons That Disqualify Workers' Compensation

Experiencing injuries while at work does not automatically guarantee that you will receive the workers' compensation benefits. There are numerous cases where workers' compensation benefits can be denied, including:

  • Independent contractor status — When you are an independent contractor instead of an employee, you will not usually be covered under workers' compensation. Independent contractors must have their accident work insurance.
  • Self-inflicted injuries —If you do any injury to yourself on purpose, like through self-inflicted wounds or suicide attempts, your claim is quite likely to be denied. Workers' compensation benefits do not cover self-inflicted injuries.
  • Intoxication — If you have ended up injured while you are high on alcohol or drugs, whether they are prescribed or illegal, your claim could be invalidated. Employers and insurers could argue that the intoxication was the cause of the accident, hence the denial.
  • Horseplay and non-work-related activities — Cases of injuries during horseplay or taking part in activities outside your work descriptions are not reimbursed under workers' compensation. Moreover, the claim could be denied if you fail to report the injury within 7 days of an accident and 90 days of a disease with no valid reasons for delay.
  • Willful misconduct — Deliberate actions that ignore safety protocols or violate workplace rules can disqualify you from workers' compensation.
  • Injuries outside of work— Accidents outside of work shifts or those beyond the scope of your employment typically would not qualify for workers' compensation. Nonetheless, you might still secure benefits if you are injured while doing work-related duties.
  • Fighting and criminal activities — If your injury occurs when engaging in criminal activities or when you are involved in a fight, the chances are you will not receive any benefits. Workers' compensation does not cover injuries that took place during illegal acts or aggressive acts.
  • Misrepresentation — Giving untrue details related to your injury or employment status could lead to the disapproval of your claim. You should be honest and open when submitting a workers' compensation claim.
  • Pre-existing conditions —  If your injury directly results from a pre-existing condition and was not agitated by work, it may not be covered. However, if work activities worsened or exacerbated a pre-existing condition, you could still be eligible for compensation related to the aggravation.
  • Employment status and statutory exclusions — Your employment status is critical in determining eligibility. Volunteers, interns without employee status, and those engaging in non-employment activities may not qualify for workers' compensation. Moreover, some jobs, like domestic workers in private homes, may not be covered unless the employer opts in.

What Happens When a Third Party is Responsible for Your Workplace Injury?

When you are working, and you are injured, your employer might not always be the one responsible. There are several situations where others besides your employer and coworkers can be responsible for your injury. Thus, you can pursue a third-party claim. You can sue the following:

  • Contractors or subcontractors — When a contractor or subcontractor does not adhere to proper safety regulations, and you sustain injuries due to their negligence, you can file a third-party claim.
  • Property owners — In instances where your employer does not own the property where the accident occurred, the property owner can be held liable if unsafe conditions on his/her premises lead to the injury.
  • Product liability — If any product introduced in your work, including gear, tools, or equipment, is found to be defective and cause harm, you have a right to seek a third-party product liability claim against the manufacturer or supplier of that product.
  • Motor vehicle accidents — If you are in an accident due to another driver's negligence in a work-related vehicle accident, you have the right to file a third-party claim against that driver or their employer as long as they acted within the scope of employment when the accident occurred.
  • Security or safety services — If security or safety personnel are negligent by not responding to an emergency or paying attention to safety on the job, you can pursue a third-party claim against them.
  • Medical providers — You can pursue a third-party medical malpractice claim if you receive negligent medical treatment from a medical provider not employed by your company.
  • Maintenance companies — If you are injured due to improper maintenance or repair work done by an outside company, causing unsafe conditions that led to your injury, you can seek compensation through a third-party claim against the maintenance provider.

You can file a worker compensation claim for immediate benefits even after initiating the third-party claim. If you are successful in the third-party lawsuit, your workers' comp insurance company may seek subrogation for the benefits they will pay you out of the settlement amount you receive for your third-party lawsuit.

In some instances, more than one party is involved in your injury. For example, a subcontractor and a property owner could be both liable. In this case, you could pursue multiple third-party claims to seek compensation from all the responsible parties.

Find a Personal Injury Attorney Near Me

Injuries at the workplace can leave you not only in physical pain but also in financial and emotional difficulty. Knowing your legal options and the steps to file an injury at work lawsuit is the first step to securing the compensation you deserve. You should take swift and informed action if you want to file a workers' compensation claim or sue a third party. Collecting evidence, reporting the injury to the legal authorities, and seeking legal advice are some of the essential steps you could take to influence the outcome of your case.

If you were injured in a workplace accident and want to know the procedures to take in the case, do not do it alone. Contact Las Vegas Personal Injury Attorney Law Firm today for experienced legal guidance. Our attorneys are here to guide you on your rights, protect your interests, and fight for the compensation you deserve. Call us today at 702-996-1224 to schedule a consultation.