Being injured on the job can be a traumatic experience. The pain and suffering from your injury and the medical treatments can be overwhelming. A workplace injury can also result in a financial crisis when you are out of work to recover from your injury.
Workers’ compensation benefits can help but do not pay for all your losses. Depending on the cause of your injury, you might have a third party personal injury claim. This article explains third party claims in Nevada and how they differ from workers’ compensation claims.
Overview of a Nevada Workers’ Compensation Claim
Most workers in Nevada are covered by workers’ compensation insurance. Workers’ comp is no-fault insurance coverage. You do not need to prove fault to receive worker’s comp benefits. You can be partially to blame for your injury and still receive full benefits.
Workers’ compensation benefits include:
- Medical Benefits – The company pays for necessary and reasonable medical bills until the employee reaches maximum medical improvement.
- Lost Wages – If you are out of work because of your injury, you can receive wage replacement benefits equal to about 2/3 of your average weekly wages before you were injured. The amount you receive is capped by state law.
- Vocational Rehabilitation – These services help workers with serious injuries learn skills to transition into a new job, if possible.
- Death Benefits – Workers’ compensation pays death benefits to surviving dependents if a worker dies because of a work-related injury.
A trade-off for no-fault coverage is that employees are generally prohibited from suing their employers for work-related injuries. Therefore, the injured worker never receives full compensation for all their lost wages and other out-of-pocket expenses. Workers’ compensation does not compensate the worker for pain and suffering damages.
However, a worker may sue a third party for damages if the third party caused their injuries. Third party claims can result in substantial compensation in addition to worker’s comp benefits.
Third Party Claims and Workplace Accidents in Nevada
A third party in a work-related personal injury case is an entity or person not directly involved in your workers’ compensation case. Yet, the third party’s conduct may have contributed to the cause of your work injury. If so, the third party could be liable for your damages.
Identifying a third party claim can be tricky. An experienced Nevada personal injury lawyer can determine if you may have a third party claim based on the facts of your case. Third party claims related to a job-related injury include, but are not limited to:
Manufacturers
A manufacturer may be liable if a defective tool or machine causes a worker to be injured. The defect in the machinery or tool may have occurred during the product’s design or manufacture. A product liability claim could result if the company failed to provide adequate warnings of risks and dangers.
Property Owners
A property owner has a duty to maintain their premises in a safe condition. If you are performing work on a customer’s property and slip and fall, the property owner may be responsible for your damages.
Contractors
A contractor could be liable if a worker is injured on a job site because of a lack of safety equipment or the use of unsafe practices. Contractors could be responsible for their negligence that led to a worker’s injury.
Employers
You may not be able to sue your employer for a work injury. However, another employer could be liable if their employee negligently caused your injury. For example, a truck driver causes an accident while you are making deliveries for work. The truck driver and the trucking company may also be responsible for damages.
Co-Workers and Other Parties
If a co-worker or other party intentionally causes a worker to be injured, they could be liable under tort law. Workers’ compensation does not give people a pass for their intentional torts.
Can I File a Workers’ Compensation Claim and a Third Party Claim?
You can file a workers’ comp and a third party claim for the same work-related injury. The claims are separate and handled by two different courts. However, these claims have different rules and deadlines, so keeping these matters straight could be difficult. An experienced injury lawyer can handle both matters to get you the money you need as you recover from a work injury.
What Types of Damages Can I Receive for a Third-Party Claim?
A third party claim can include full compensation for all damages. Economic damages for a third party claim can include:
- Past and future medical bills
- Long-term care
- Rehabilitation and therapy
- Diminished earning capacity
- Out-of-pocket expenses
Third-party claims may also include compensation for non-economic damages not covered by workers’ compensation. Examples of non-economic damages for a third-party claim include:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish and emotional suffering
- Scarring and disfigurement
- Impairments and disability
- Reduced quality of life
The value of your damages depends on the facts of your case. The insurance company for the at-fault party may challenge your claim. An attorney can help you by investigating your claim, gathering evidence, and preparing a compelling case to prove causation and liability.
What Do I Need to Prove for a Third-Party Claim in Nevada?
You only need to prove your work injury occurred while you were on the job during the ordinary course of business. You do not need to prove your employer caused your injury to recover compensation.
However, you have the burden of proving negligence, product liability, or another ground to establish liability for a third-party claim. Most claims are based on negligence. Proving negligence requires you to establish the following:
- Legal Duty of Care – The party who caused your injury had a legal duty to use reasonable care to avoid causing you harm.
- Breach of Duty – The party’s conduct resulted in a breach of duty because they failed to use reasonable care.
- Causation – The party’s conduct was the direct and proximate cause of your job-related injury.
- Damages – You sustained injuries and incurred damages because of the party’s breach of duty.
The amount you receive for a third party claim is based on the strength of your evidence, your injuries, and other factors. In a third party claim, your fault could be an issue.
In workers’ comp, your fault does not prevent you from receiving benefits unless you intentionally caused your injuries. In a third party claim, Nevada’s comparative fault statute bans victims from receiving damages if they are more than 51% responsible for causing their accident. If they are less than 51% to blame, they can receive damages, but their damages are reduced by their percentage of blame.
Insurance companies and at-fault parties in third-party claims use contributory fault to undervalue and deny claims. Be cautious what you say to an insurance adjuster. A statement you make could be used to imply you admitted fault.
Learn About Third Party Personal Injury Claims in Nevada
A third-party claim may provide substantial compensation you can use as you continue to heal and get back on your feet. Call our Nevada personal injury lawyers at Cogburn Davidson Car Accident & Personal Injury Lawyers for a free consultation at 702-996-4786. Our legal team is available to speak with you about your case 24/7.
