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Can You Sue Your Employer Directly for Work Injuries?

Posted on December 27, 2019
Can You Sue Your Employer Directly for Work Injuries?

Injured workers may be able to sue an employer directly for workplace injuries when the employer’s negligence causes injury or when the employer does not carry workers’ compensation insurance. In addition, workers may also pursue lawsuits against product manufacturers or other third parties responsible for causing harm to the employee.

Employer Actions and Lawsuits

Many state statutes prohibit employees from filing lawsuits against their employers for work-related injuries. However, there are exceptions. When the employer intentionally causes the injury to the employee, for instance, by deliberately operating a piece of equipment in a negligent manner that then injures the worker, the employer may be able to be held liable.

Employers can also be sued when they deny a workers’ compensation claim through fraud or in bad faith. For example, if the employer misrepresents facts, destroys evidence, or attempts to hide their liability for causing the injury, the company can be held liable. Similarly, injured workers can file lawsuits for wrongful termination, discrimination, and harassment if their employer retaliates for the filing of a workers’ compensation claim in Nevada.

It may also be possible to pursue a product liability lawsuit or toxic exposures lawsuit against the employer for injuries caused by equipment manufactured by the employer. For instance, an employer can be held liable if an employee within a facility that manufactures power tools is electrocuted or suffers a limb amputation when testing or using the device.

Employees can also pursue personal injury lawsuits against an employer for the actions of contractors and subcontractors hired by the employer. In these circumstances, the business relationship with these individuals makes the employer liable for the injuries their conduct causes to employees.

Third-Party Lawsuits

In addition to lawsuits against an employer, injured workers in Nevada may also have the option to pursue third-party lawsuits against other entities and individuals. Injured workers can pursue product liability claims against a product manufacturer, personal injury claims against a negligent driver, or premises liability claims against a property owner.

A workers’ comp lawyer in Nevada can help injured workers identify the specific actions and duties that were violated that caused the worker injury. The sooner the process starts, the sooner individuals can recover compensation that can help them recover from their injuries.