THE DIFFERENCE BETWEEN WORKER'S COMPENSATION AND PERSONAL INJURY IN NEVADA

Workplace injuries can have long-term consequences, including medical costs, lost earnings, and uncertainty. In Nevada, injured workers have two basic legal options: workers’ compensation claims and personal injury lawsuits. While both seek to provide financial relief, they differ significantly in terms of eligibility, processing, and provable damages. Understanding these differences is critical to pursuing the correct claim and obtaining the compensation you deserve.

What is a Workers’ Compensation Claim?

What is a Workers' Compensation Claim?

A workers’ compensation claim is an insurance claim. Employers in Nevada must carry workers’ compensation insurance if they have one or more employees. When an employee gets hurt on the job, the insurance company pays for the damages while safeguarding the employer from further legal action.

Key Features of Workers’ Compensation in Nevada

  • No-fault system: Nevada has a no-fault workers’ compensation system. You are eligible for benefits if the injury occurred at work, regardless of who was at fault.
  • Quick Access to Benefits: Workers’ compensation offers prompt payment of medical bills and interim wage replacement.
  • Limited Benefits: Unlike personal injury claims, workers’ compensation does not cover non-economic losses like pain and suffering.

This method safeguards both employees and employers by avoiding lengthy legal battles. Understanding the limitations of workers’ compensation is crucial, particularly if your accident was caused by third-party negligence.

Recoverable Damages

If you are granted damages in a worker’s compensation claim, they will differ from those in a personal injury claim. The insurance company will assess damages based on the type of benefit requested. The benefits include:

  • Temporary Total Disability: for lost pay while you are unable to work.
  • Permanent Partial Disability: For a permanent injury affecting your future earning capacity.
  • Vocational Rehabilitation: for vocational retraining if you can no longer do your original job.
  • Mileage reimbursement: for travel of more than 20 miles to a medical professional.
  • Death Benefits: For Spouses and Dependents of a Dead Employee.

Unlike in personal injury claims, you cannot seek punitive or non-economic damages, such as pain and suffering.

What is a Personal Injury Lawsuit?

What is a Personal Injury Lawsuit?

In a personal injury case, the injured party seeks compensation from the negligent party. These cases can be handled outside of court or taken to trial. Unlike workers’ compensation, personal injury claims require proof of fault. Your personal injury attorney will assist you in proving that the defendant’s negligence was the cause of your injuries. Then, they’ll strive to obtain the proof required to negotiate or fight your claim.

Procedure for Filing 

Depending on the circumstances, you may be able to file a personal injury claim against the at-fault party in court as a lawsuit. In some cases, such as following a car accident, you may submit a claim against the at-fault driver’s insurance company. 

In most situations, you have two years from the accident date to submit a claim or lawsuit (exceptions apply). Your attorney will file a complaint with the court to initiate the litigation. This will make the other party aware of the claims and the reason for the lawsuit.

Recoverable Damages

In a personal injury case, you can seek economic, noneconomic, and punitive damages. 

You can collect non-monetary damages such as:

  • Pain and Suffering
  • Decreased appreciation of life
  • Emotional anguish
  • Disfigurement
  • Physical impairment

Furthermore, you may seek punitive damages in Nevada if you can prove that the defendant behaved deliberately or fraudulently.

Fault Legal Standard

Nevada courts use a negligence standard in most personal injury cases, but not all of them. That implies you have to prove fault. Nevadans have a duty of care to others, including acting reasonably to avoid injury. To win your case, you’ll need to prove:

  • The defendant owed a duty of reasonable care.
  • The defendant breached that responsibility.
  • The breach resulted in your injury. 
  • You have sustained damage. 

You will win the lawsuit and receive damages if you can prove this.

What distinguishes personal injury lawsuits from workers’ compensation claims?

Unlike workers’ compensation, personal injury claims are fault-based, requiring proof that someone else’s negligence caused the harm. These cases frequently involve other parties, such as contractors or manufacturers, rather than the employer.

Key differences between personal injury lawsuits and workers’ compensation claims.

Key differences between personal injury lawsuits and workers' compensation claims.

  • Personal injury cases require evidence that the defendant caused the harm negligently, recklessly, or intentionally, but workers’ compensation does not require proof of responsibility.
  • Personal injury cases seek damages for both economic losses, such as medical expenses and lost income, and noneconomic damages, such as pain and suffering and emotional anguish. Workers’ compensation is only for economic losses.

Examples of Workplace Personal Injury Cases.

  • If an employee is harmed in a car accident caused by another driver, they can bring a personal injury claim against the at-fault driver.
  • A worker injured by defective machinery may sue the manufacturer for product liability.

Filing a personal injury lawsuit enables affected parties to seek full compensation, including non-economic damages, for the extent of their suffering.

Comparing Benefits: Workers’ Compensation and Personal Injury Lawsuits in Nevada

While both workers’ compensation claims and personal injury lawsuits seek financial compensation following an injury, the sorts of benefits available differ dramatically. Understanding these distinctions is critical to choosing the best legal solution.

Benefits of Workers’ Compensation

  • Covers medical expenses like treatment, medications, and rehabilitation.
  • Offers pay replacement through temporary total disability or permanent partial disability benefits.

Benefits of Personal Injury Lawsuits

  • Covers all economic losses, including medical bills, missed wages, and future earnings.
  • Allows for non-economic damages such as pain and suffering, emotional distress, and a lower quality of life.

Contact our Experienced Personal Injury Attorneys at Nevada Today!

Navigating the complexities of Nevada workers’ compensation and personal injury claims can be challenging. Understanding your rights, whether you were injured on the job or due to someone else’s negligence, is critical. At Lach Injury Law, we advise clients on the best course of action for their circumstances.

Contact us today for a free consultation. Our skilled staff will walk you through the legal process, fight for your rights, and ensure you get the compensation you deserve.

Contact our Experienced Personal Injury Attorneys at Nevada Today!

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