Most people use their cars or other types of vehicles (bicycles, scooters, etc.) to get to and from work. Many are required to use a car or other types of vehicle to perform their work. Workers required to use a car or other types of vehicle to perform their work are at risk for and may find themselves in a job-related car or other types of vehicle accident.
If a worker is injured in a job-related car or other types of vehicle accident that is the fault of your employer or co-worker, the worker should obtain the services of a workers' compensation attorney, even though a worker generally cannot sue an employer or a co-worker for job-related injuries. If a worker is injured in a job-related car or other types of vehicle accident that is not the fault of your employer or co-worker, the worker will also want a personal injury attorney. Though a successful personal injury award can be considerably more than the compensation received under a workers' compensation claim, workers injured in work-related car or other types of vehicle accidents in Las Vegas or Nevada will want to pursue both types of actions.
Under Nevada's workers' compensation statutes, employers not exempt by statute, provide workers' compensation insurance to their employees for injuries, which include work-related car or vehicle accidents, they sustain in the course and scope of their employment. NRS 616C.150(1). Under NRS 616A.020 exclusive remedy doctrine, in exchange for an entitlement to benefits, an employee cannot sue their employer and an employer cannot deny benefits to an employee for work-related injuries, regardless of whose fault caused the injury. Workers ' compensation covers medical treatment, compensation for lost work time due to temporary total or permanent disability, awards for permanent or total disability, death benefits to dependents, vocational rehabilitation, and other related expenses.
To establish a workers' compensation claim for a work-related car or other types of vehicle accident in Las Vegas or Nevada, a worker must give a written statement of the accident, and injuries, to his employer who will direct him where to go for initial care. An experienced workers' compensation attorney can help the worker then complete a C-4 form - Employee's Claim for Compensation/Report of Initial Treatment, which starts the workers' compensation process, and then find the best and appropriate care and treatment for injuries.
By starting a workers' compensation claim, along with a personal injury lawsuit, the injured worker will have access to immediate medical and compensation benefits not available with a personal injury lawsuit. A personal injury lawsuit can take months or years to be resolved. Furthermore, most liability insurers will not pay out any costs or awards until the full extent of the worker's injuries are known and the worker has completed treatment for his or her's injuries. But note, a worker cannot double dip for costs or awards. An injured worker subrogates his or her personal liability award to the employer's workers' compensation carrier . Once the personal injury award is received, the workers' compensation carrier will reimburse themselves for amounts paid to the injured worker, then pay over to the injured worker the balance left.
The commentary is for educational and commentary purposes only. If you are injured in a work-related car or vehicle accident in Las Vegas or Nevada, get the right attorney experienced in both areas of law. Contact our office for a free confidential case review, and receive a response within hours. Call Toll Free 866-414-0400
The posts appearing in this blog are for informational purposes only, and should not be interpreted as providing legal advice, as each matter requires independent legal analysis. Unless otherwise noted, Parker Scheer Lagomarsino is not involved in the representation of any party in any case or other matter discussed on this blog.