The Legal Responsibilities of Employers in Workplace Accidents

September 10, 2023

What Are the Legal Responsibilities of Employers in Workplace Accidents?

Workplace accidents can have devastating consequences for employees, causing physical injuries, emotional trauma, and financial hardships. In such cases, it is crucial to understand the legal responsibilities of employers and the rights of the injured workers.

What Are Some Relevant Laws?

In Nevada, employers have a legal duty to provide a safe working environment for their employees. This duty is established under the Occupational Safety and Health Act (OSHA) and the Nevada Industrial Insurance Act (NIIA). OSHA sets forth specific safety standards that employers must comply with to ensure workplace safety. Violations can result in fines and legal action. The NIIA, on the other hand, establishes the workers' compensation system, which provides benefits to employees who suffer work-related injuries or illnesses. It ensures that injured employees receive benefits such as medical treatment and wage replacement, without needing to prove fault. Under the workers' compensation system, injured employees are entitled to medical treatment, wage replacement, and vocational rehabilitation. Workers' compensation is a no-fault system, meaning that employees are generally entitled to benefits regardless of who caused the accident. However, in exchange for these benefits, employees typically waive their right to sue their employers for negligence.

How Does the Legal Process Work?

When a workplace accident occurs, the injured employee should immediately report the incident to their supervisor or employer. Prompt reporting is crucial to ensure that the accident is properly documented and that the injured worker's rights are protected. The employer should then provide the necessary medical treatment and file a workers' compensation claim on behalf of the employee. If the employer disputes the claim or denies benefits, the injured employee may need to seek legal representation to navigate the complex legal process. An experienced lawyer can help gather evidence, negotiate with insurance companies, and advocate for the injured worker's rights. In some cases, it may be necessary to file a lawsuit against a negligent third party, such as a manufacturer or contractor, to seek additional compensation beyond workers' compensation benefits.

Are There Any Other Legal Considerations?

Nevada has a statute of limitations for filing workers' compensation claims. Compliance with timelines is critical. In most cases, injured employees have 90 days from the date of the accident to report the incident to their employer and one year to file a claim. Failing to meet these deadlines may result in the loss of benefits. Additionally, Nevada follows a comparative negligence system, which means that the injured worker's compensation may be reduced if they are found partially at fault for the accident. For example, if an employee failed to follow safety protocols, their compensation may be reduced proportionally to their degree of fault.

How Much Compensation Can I Win?

The amount of compensation an injured worker can receive depends on various factors, including the severity of the injuries, the extent of the medical treatment required, and the impact on the employee's ability to work. In Nevada, workers' compensation benefits typically cover medical expenses, a portion of lost wages, and vocational rehabilitation services. Let's take a hypothetical case of Sarah, a nurse in a Henderson hospital, who slipped on a wet floor that was not marked. Her back injury required extensive medical treatment and time off work. Through the workers' compensation system, Sarah's medical expenses and part of her lost wages were covered. Her employer's failure to follow safety protocols opened the door for a personal injury claim, resulting in additional compensation for her pain and suffering. However, if a third party's negligence contributed to the accident, the injured worker may be eligible for additional compensation through a personal injury lawsuit. The potential settlement amount in such cases can vary significantly and may include damages for medical expenses, lost wages, pain and suffering, and future medical care.

What is Third-Party Liability?

Third-party liability refers to the legal obligation of a party other than the employer or employee in the context of workplace accidents. While workers' compensation laws usually protect employers from lawsuits by injured employees, third-party liability provides an avenue for injured workers to seek additional compensation from others who may have contributed to their injuries. This can include contractors, manufacturers, property owners, or any other parties whose negligence or wrongful actions have contributed to the accident. For example, if a piece of equipment fails due to a manufacturing defect, the manufacturer could be held liable as a third party. Or, if an independent contractor's negligence leads to an accident, that contractor could be considered a third party and held responsible.

How Can an Experienced Lawyer Help?

Navigating the legal complexities surrounding workplace accidents can be overwhelming, especially when dealing with injuries and recovery. An experienced lawyer can provide invaluable assistance throughout the process. They can help gather evidence, assess the value of your claim, negotiate with insurance companies, and represent your interests in court if necessary. Furthermore, a skilled attorney can guide you through the workers' compensation system, ensuring that you receive the benefits you are entitled to. They can also explore potential third-party liability and pursue additional compensation beyond workers' compensation. If you have been injured in a workplace accident, call High Stakes Injury Law at (702) 444-3228 for a free case evaluation.