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Situations That Qualify You for Workers’
Compensation in Nevada
Exploring Workers’ Compensation Eligibility:
Independent
Contractors, Undocumented Workers, and Third-Party Negligence

People injured on company property can usually receive workers’ compensation without much
dispute. Still, this isn’t guaranteed in every field, and added complexities may arise for
independent contractors, undocumented workers, or others in unique roles.

In certain situations, injuries may occur because of third-party negligence. This often raises
questions about an employee’s rights and eligibility for workers’ compensation in Nevada.
Employers may not always provide clear answers, and insurance companies sometimes attempt
to deny claims. This article outlines examples of complex situations that may still fall under
workers’ compensation coverage.
Navigating Workplace Injuries Linked to Third-Party Negligence
When a workplace injury is caused by third-party negligence, the next steps can seem
uncertain. Workers’ compensation claims may still be filed in these situations, providing
coverage for medical expenses, disability benefits, and lost wages (subject to statutory limits).
Beyond workers’ compensation, injured workers may also pursue a third-party liability claim. A
successful case can provide compensation for losses not included under workers’
compensation, such as pain and suffering.
It should be noted that if a third-party claim is successful, the workers’ compensation insurer
may seek reimbursement for benefits already paid. However, the worker retains the right to
keep any additional compensation, including damages for pain and suffering.
When
Independent Contractors May Receive Workers’
Compensation in Nevada
Independent contractors are generally not eligible for workers’ compensation because they are
not classified as employees. However, there are exceptions to this rule.
In some cases, workers who function as employees may be misclassified as independent
contractors. When reviewing claims, workers’ compensation typically evaluates the actual
nature of the working relationship rather than the job title. This means that even if an employer

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labels someone as an independent contractor, benefits may still apply if the facts support an
employee relationship.
In industries like construction, general contractors often carry workers’ compensation insurance
that also covers the independent contractors working under them. If you are an independent
contractor injured on the job in construction or a similar field, consulting with a Las Vegas
personal injury lawyer can help determine whether you qualify for coverage under the
contractor’s policy.
What Temporary Employees Should Know About Workers’
Compensation Claims in Las Vegas
Temporary workers are eligible for workers’ compensation if injured at work, but the party
responsible for providing it differs from that of permanent employees. When a staffing agency
employs the worker, the agency typically provides coverage. If the worker is directly hired by a
company, the company assumes responsibility.
Like other employees, temp workers may receive benefits for medical care, lost income, and
disability. Complications can arise when multiple parties are connected to the claim. In some
cases, staffing agencies require workers to file claims with both the agency and the host
employer. If a third party’s negligence contributed to the injury, the situation can become even
more complex.
Workers’ Compensation Eligibility When Employers Call an
Accident a “Near Miss”
After a workplace accident, seeking medical attention right away is crucial, both for your health
and for properly documenting a workers’ compensation claim. If medical care is delayed, some
employers may try to classify the incident as a “near miss” rather than an actual injury. This is
often done to:
● Avoid OSHA reporting and possible fines.
● Keep insurance premiums from increasing.
● Maintain a strong safety record and company reputation.

If you feel pressured to report an accident as a “near miss” instead of an injury, take steps to
protect yourself. Collect photos, witness accounts, and any other evidence related to the
incident. Get medical treatment and keep all records. Report the event in writing to your
supervisor or HR. These actions help ensure the injury is properly documented and your rights
to compensation are preserved.

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Undocumented Workers and Filing for Workers’ Compensation
Undocumented workers in Nevada are generally entitled to the same workers’ compensation
benefits as other employees, though some exceptions may apply. Still, the process can feel
uncertain, especially if an employer tries to discourage or deny a claim. Employers may attempt
to intimidate workers by threatening to report immigration status, disputing eligibility, or
retaliating after an injury.
It is important to remember that undocumented workers have the right to file for workers’
compensation, and it is unlawful for employers to use immigration status as leverage against a
claim. Seeking legal guidance can help ensure those rights are protected.
The Role of Legal Guidance in Workplace Claims
Filing for workers’ compensation can be stressful, particularly if an employer pressures you not
to file or challenges your claim. Understanding your rights is key to ensuring you receive the
benefits you’re entitled to. A Las Vegas personal injury lawyer can guide you through the
process, help gather the necessary evidence, and protect your interests so you can focus on
recovery.

Benson & Bingham Car Accident & Personal Injury Lawyers
626 S 10th St
Las Vegas, NV 89101
Phone: (702) 382-9797
Website: https://www.bensonbingham.com/