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Can injured workers in Nevada ever sue their employer?

In general, employers in Nevada are required to have workers' compensation insurance. When a worker is injured at work, he or she can seek workers' compensation benefits. In exchange for these benefits, the worker then relinquishes his or her right to file a lawsuit against his or her employer for damages.

That being said, there are always exceptions to the rules and this one is no different. Under Nevada law, if an employer is required to provide workers' compensation to an injured employee per law and doesn't, then the employee can pursue a lawsuit against his or her employer.

When this happens, an employer will still be liable even if certain circumstances exist. The employee can still pursue a lawsuit even if her or she assumed certain risks regarding the inherent nature of the job. The employee can also pursue a lawsuit if the employer failed to provide a safe working environment or proper work tools and equipment.

The employer may also be liable even if the employer hired employees with due care or if the worker was injured because of a coworker's negligent act. In fact, the employer may still be liable even if the worker him or herself was negligent, unless the worker willfully and intentionally injured himself or was drunk when the injury occurred. In situations like this, the employer is tasked with rebutting the presumption that the employer was negligent.

It is important for employees to be aware of their rights under Nevada's workers' compensation laws. Usually workers' compensation stands in the place of a lawsuit, but this isn't always the case. Workers in Nevada who are wondering whether they can pursue a lawsuit may want to consult with their attorneys, as this post only provides general information and cannot form the basis of any legal action.

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