Ask a Lawyer: Top Questions Regarding Workers' Compensation Claims in Nevada
Wednesday, July 2, 2025 | 500 | 0
Nevada workers' compensation statutes are of interest to business owners and employees alike. Knowing the legislation on workers' compensation can help you know the nitty-gritty of on-the-job injuries and claims, compliance with the law, and safeguarding your business at the same time. Below are some of the most sought-after questions regarding workers' compensation in Nevada covered by experts.
1) What is Nevada's Comparative Fault Law, and How Does It Affect Workers' Compensation?
Comparative fault in Nevada means if the employee has been guilty of their injury to some degree, then their compensation would be reduced according to the extent of their fault. For example, if the injury happens because of the negligence of the employee, that will be taken into account when determining the final compensation amount.
Tip: Have effective safety protocols and regular training in order to reduce risk and minimize the chances of joint liability.
2) What is Workers' Compensation Compared to Personal Injury Claims?
Even though workers' compensation covers most occupational injuries, workers can make a claim for personal injury if there is a third-party factor or if the injury arose out of employer negligence or wilful injury. Workers can pursue both claims in certain circumstances.
Tip: Check your workers' compensation policy regularly and consult with a personal injury lawyer if third-party action is indicated.
3) Can Employers Be Held Liable for Workplace Injuries?
Employers in Nevada are liable for work injuries that are caused by intentional actions or grossly negligent actions. Although workers' compensation covers most types of injuries, workers are entitled to bring personal injury claims when they can prove the employer's intentional actions caused the injury.
Tip: Maintain and go through safety procedures in your workplace to minimize liability and protect your business against future suits.
4) How Long Do Employees Have to File Workers' Compensation Claims in Nevada?
In Nevada, employees must report their on-the-job injury to their employer within 7 days and file a workers' compensation claim within 90 days from the date of injury or diagnosis. The claims are submitted through the C-1 (Notice of Injury) and C-4 (Employee's Claim for Compensation) forms. The employer’s workers’ compensation insurance carrier then has 30 days to accept or deny the claim.
Tip: Encourage early reporting of injuries to get timely claims and prevent late payment of compensation.
5) How Does Personal Injury and Workers' Compensation Claims Affect the Reputation of My Business?
Even after closing a workers' compensation claim, it will have an impact on how your business is perceived by the public. Negligence claims will make your reputation worse and can also impact morale among employees.
Tip: Be honest and sympathetic when handling claims so that there is a good reputation and trust between employees and your business.
6) What Insurance Does a Nevada Business Need for Work Injuries?
Nevada businesses must carry workers' compensation insurance for their employees. However, this does not cover injuries caused by third parties or accidents that arise out of and in the course of employment but occur outside the workplace. For personal injury lawsuits in such scenarios, general liability insurance might prove useful.
Tip: Have your business carry both workers' compensation and general liability insurance to protect against varied personal injury lawsuits.
7) How Do Workers' Compensation Lawyers Help Employees?
Workers' compensation attorneys are greatly valuable in the representation of employees during claim filing procedures. They assist employees in medical expenses, lost wages, and potential permanent injuries, thereby receiving their rightful benefits.
Tip: Get a Las Vegas workers' compensation attorney to help deal with the claims correctly and help injured employees.
8) How Can Mediation Help Settle Personal Injury Claims?
Mediation is a quicker and less expensive alternative to court for the resolution of workers' comp and personal injury claims. It involves an impartial third-party mediator who sits down both parties to help them reach an agreement that's beneficial to both.
Tip: Mediation can be used as a starting point in workers' comp controversies to avoid lengthy court battles.
About the Author
With five convenient offices across Nevada, Benson & Bingham Accident Injury Lawyers has spent more than 25 years standing up for the rights of injury victims. The firm offers experienced, results-driven legal representation, helping clients pursue the full compensation they’re entitled to. Learn more by visiting Benson & Bingham Accident Injury Lawyers.
Benson & Bingham Accident Injury Lawyers, LLC
Downtown Location
626 S 10th St., Las Vegas, NV 89101
Phone: 702-382-9797
Fax: 702-382-9798
Email: info@bensonbingham.com
Summerlin Location
11441 Allerton Park Dr #100, Las Vegas, NV 89135
Phone: 702-684-6900
Fax: 702-382-9798
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9230 S Eastern Ave #155, Las Vegas, NV 89123
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1320 E Plumb Lane Ste A, Reno, NV 89502
Phone: 775-600-6000
Fax: 775-432-1632
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4530 S Carson Street Ste #4, Carson City, NV 89701
Phone: 775-297-3392
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