When can an employer or third party be sued for a workplace injury?

What is exclusive remedy in worker’s comp?

In accordance with the state laws an injured worker cannot sue an employer for compensation. Personal injury lawsuits are allowed only in exceptional situation when the employer had intentionally caused the employee any harm. Therefore, even when the action of an employer is egregious, the sole remedy for a worker is to seek a worker’s compensation claim. This is why it is known as an ‘exclusive remedy’, say Nevada worker’s compensation lawyers.

This procedure has many advantages for the worker since he will get benefits for loss of income, medical expenses, and rehabilitation. The positive news is that the worker’s compensation package is valid even when the worker was responsible for his or her own injuries. Since the procedures are complicated it is always wise to contact a legal representative.

When can a worker file a personal injury lawsuit?

If a third party’s negligent behavior caused the injuries, then the worker can sue those individuals or agencies. In extremely rare cases the employer can be sued when the worker believes that he or she was injured intentionally by the employer. If this is the case consult a Nevada worker’s compensation lawyer to know how you can sue your employer.

A personal injury lawsuit cannot be filed if the employer has followed all the rules and regulations of the state worker’s compensation laws. But if the employer did not comply with the rules and the worker suffered financially as a result, then the worker can sue for personal injury damages. In a few states the employer and the employee has the choice to opt out of worker’s compensation coverage. If this is the case then a personal injury suit can be brought against the employer. Since state laws vary, consult a Nevada’s worker’s compensation attorney for guidance.

Some of the popular personal injury claims

A product liability lawsuit can be brought by a worker who is injured while handling defective and dangerous equipment. This third party suit is brought against the manufacturer, and/or the installer or distributor of the product for not providing proper instructions or warning on the equipment.

Sometimes a third party present in the premises of the workplace causes injuries. This is when a personal injury claim can be filed against the third party. For instance, an independent contractor drops a tool on a worker below can face a lawsuit. Similarly, if a delivery driver not employed by the company hits a worker with his van, then he can be sued for personal injury.

If a worker is injured while performing a job in a facility not owned by the employer then the company or the individual who owns the premises can be held liable for damages. If a worker is hit by a delivery truck then he/she can claim personal injury compensation from the driver in addition to worker’s compensation if the accident happened in the premises of the worker’s employer.

The worker can sue the employer using a Nevada worker’s compensation lawyer for inflicting an intentional injury. However, an employer cannot be penalized for showing indifference or for maintaining a hazardous work environment.

Nevada used to make money off of silver. When that died away the state officials had to do something or this entire area would be completely unproductive and become a dead state. So they legalized gambling and simplified marriage and divorce rights. Las Vegas grew and is now a world famous city arising out of the desert. Now there are jobs and businesses which means there are worker’s comp issues. If you need legal help in this state, go right here: http://workers-compensation.usattorneys.com/nevada/. The desert may be hot but the Internet operates nonetheless.