If you’ve sustained a workplace injury in Reno, NV, and are wondering: “Can you sue if you accept workers’ compensation? The short answer is that it depends. Typically, if you already accepted the offer, you cannot sue your employer due to Nevada’s “exclusive remedy” rule. Nonetheless, exceptions exist, such as cases involving third-party negligence, where a lawsuit could still be an option.
At Kidwell & Gallagher, we specialize in workers’ compensation cases, helping affected individuals in the city understand their rights. Contact us today to explore your options or consult with a Reno worker compensation lawyer.
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Accepting the compensation generally prevents you from suing your employer, as Nevada’s no-fault system covers medical expenses and lost wages without needing to prove liability. However, exceptions exist. If a third party (e.g., a subcontractor or equipment manufacturer) contributed to your injury, you may still be able to file a lawsuit against them and seek additional compensation for damages like pain and suffering, which workers’ comp doesn’t cover.
Workers’ compensation provides crucial perks to employees who suffer on-the-job injuries. In the state, this coverage typically includes:
While workers’ comp offers vital financial support, it doesn’t cover non-economic damages like pain and suffering. This is where additional legal actions, such as third-party lawsuits, come into play if another party was negligent in your lesion.
Although Nevada’s workers’ compensation system typically offers protection, there are specific situations where filing a lawsuit may be necessary:
Absolutely, a personal injury lawyer is essential if you are contemplating a third-party lawsuit or appealing a denied workers’ compensation claim. While the workers’ compensation is the standard remedy, a legal team can investigate third-party negligence and assist in recovering additional damages, including:
An attorney experienced in Nevada law can help maximize your compensation and navigate the intricacies of workers’ comp and legal requests.
Kidwell & Gallagher is here to assist with any workplace injury concerns, whether you’re considering workers’ compensation or exploring other legal options. With over 45 years of combined experience in personal injury law, our team can evaluate your case and guide you through the following steps. Contact us today for a free consultation with a Reno personal injury lawyer. We specialize in these cases and provide personalized service and peace of mind while fighting for your deserved compensation.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.