Is It Possible to Sue Your Employer if Workers’
Compensation Falls Short?

Workplace injuries can lead to significant medical expenses, lost income, and other financial
challenges. While most Las Vegas employers carry workers’ compensation insurance—as
required by Nevada law—these benefits don’t always cover all the costs. So what happens
when they fall short?

Taking legal action against your employer may be possible, but only under specific
circumstances. Consulting with a Las Vegas personal injury attorney can help you pursue fair
compensation from the outset. If the settlement offered falls short, your lawyer can advocate for
better terms and guide you through your available options. Being informed empowers you to
make choices that support your long-term recovery and financial stability.

Is Workers’ Compensation Coverage a Requirement for Nevada
Businesses?
In Nevada, any business with one or more employees is required to carry workers’
compensation insurance. This mandate applies to both full-time and part-time workers.
However, there are certain exceptions for individuals who are not required to be covered:
●
Individuals working as independent contractors

● Domestic workers employed within private households

● Specific farm and ranch laborers

● Sole proprietors who do not employ others

● Real estate professionals earning solely through commission

● Select commission-only sales representatives
Generally, if you are employed by a company in Nevada, your employer is legally required to
provide workers’ compensation coverage for you.
What You Can Recover Through Workers’ Compensation

A workplace injury can result in a range of damages and financial burdens. Fortunately, many of
these losses may be covered through a workers’ compensation claim, particularly with the
guidance of an attorney who can help gather the necessary documentation. Eligible
compensation may include costs for medical appointments, hospital stays, surgeries,
prescription medications, rehabilitation or physical therapy, and medical equipment. You may
also receive reimbursement for travel to medical visits, coverage for lost wages due to time
away from work, and death benefits for qualifying dependents in the event of a fatal injury.
However, it’s important to understand that, unlike other types of personal injury claims, workers’
compensation does not provide compensation for pain and suffering, emotional distress, or
punitive damages.

Las Vegas Workers’ Compensation Claims: How to Begin the
Process

After a workplace accident, the actions you take next are critical. To ensure you meet important
deadlines and follow the proper steps for a successful workers’ compensation claim, consider
consulting an experienced Las Vegas personal injury attorney who can guide you through the
process.

The first priority after a workplace injury should be to seek medical attention from an authorized
workers’ compensation provider. Be sure to
inform the doctor that your injury is
work-related—they will complete a C-4 Form, known as the Employee’s Claim for
Compensation. Submitting this form officially begins your workers’ compensation claim. Keep in
mind that you have only 90 days from the date of the injury to file it.

Within seven days of the injury, you are required to notify your employer in writing—an essential
step in the claims process. Your employer is obligated to provide you with a C-1 Form, known as
the Notice of Injury, which you must complete and submit. After these steps are taken, the
employer’s workers’ compensation insurance carrier has up to 90 days to investigate the claim
and determine whether it will be accepted or denied. If your claim is denied, consult with your
attorney regarding the appropriate steps to file an appeal.

What to Do When Workers’ Compensation Fails to Cover All
Losses
Although workers’ compensation in Las Vegas can provide important financial support, it may
not fully cover all of your losses. In such cases, you may have several options to consider:
● File an Appeal: If you disagree with the outcome of your permanent partial disability
(PPD) rating or were not assigned one—and have not yet signed a settlement
agreement—you may appeal the decision through the Nevada Department of
Administration, Hearings Division. With legal representation, a different outcome may be
possible.

● Explore Additional Benefits: You might be eligible for further support, such as
permanent partial or total disability benefits, vocational rehabilitation, or Social Security
Disability benefits.

● Consider Legal Action: Filing a lawsuit against your employer or a third party may be
an option under specific circumstances. An attorney can help determine whether
pursuing legal action could result in additional compensation.
Circumstances That Allow You to Sue an Employer for Personal
Injury in Las Vegas

Under Nevada law, all employers are required to carry workers’ compensation insurance. As a
result, employees generally cannot file a lawsuit against their employer for workplace injuries,
even if the benefits provided do not fully cover their losses. However, legal action may still be
possible in certain situations—particularly if the employer failed to maintain the required
workers’ compensation coverage.

● The employer intentionally caused harm—such as through physical or sexual assault, or
by knowingly placing the employee in a dangerous situation.

● The employer failed to maintain the legally required workers’ compensation insurance.

● The injury resulted from the actions or negligence of a third party—for example, if a
defective machine caused the injury, the manufacturer may be held liable.

● Another individual or entity, separate from the employer, contributed to the injury and
may be subject to legal action.

In most cases, workers’ compensation is the exclusive remedy for workplace injuries. However,
if you believe your situation qualifies for legal action beyond workers’ comp, consult a personal
injury attorney for guidance on your rights and possible next steps.
Trusted Legal Guidance for Las Vegas Workers’ Compensation
Claims
Managing a workers’ compensation claim can be complex, particularly while recovering from an
injury and facing financial uncertainty. Experienced legal professionals, including attorneys and
their support teams, provide essential assistance by helping injured employees understand their
rights, compile the required documentation, and pursue the full benefits available under Nevada
law. With informed legal support, claimants can navigate the process more effectively and with
greater confidence.

https://www.bensonbingham.com/summerlin/

Benson & Bingham Accident Injury Lawyers, LLC
11441 Allerton Park Dr Ste. # 100
Las Vegas, NV 89135
Office: (702) 684-6900
Website: https://www.bensonbingham.com/summerlin/