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Can a worker sue when workers' compensation is not enough?

When a person in Nevada is injured on the job, that person may be compensated for the costs associated with the injury through the workers' compensation system. Most employers in Nevada are required to provide workers' compensation insurance to cover the costs their workers may incur if they are injured or made ill on-the-job. However, sometimes a worker may feel like the workers' compensation benefits they are receiving are not enough to cover all their losses. They may wonder if they can pursue a lawsuit against their employer.

In general, workers are not permitted to sue their employer when they are injured on-the-job. This is because they are already being compensated through the workers' compensation insurance their employer provides. However, there are exceptions in which a lawsuit based on a workplace injury may be possible.

One exception is if the injury was caused by a third party. For example, if a worker was injured due to faulty machinery, it may be possible to pursue a lawsuit against the manufacturer of the machinery. Also, if a worker's employer committed an intentional tort that lead to the worker's injuries, then the worker may be able to pursue a lawsuit against the employer. Some examples of intentional torts include battery, assault, false imprisonment, intentional infliction of emotional distress and fraud, amongst others.

There are some limited instances in which an injured worker can pursue a lawsuit based on the on-the-job injuries they suffered when workers' compensation benefits are not enough. However, these types of actions are complicated. A tort claim has certain elements that must be proven by a preponderance of the evidence if the worker wishes to prevail. The same thing can be said when it comes to a third-party lawsuit. Employers and third parties will make every effort to avoid being sued, so those who wish to pursue a lawsuit against their employer or a third party will want to make sure they develop a strong case in their favor.

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