Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different, the law in this area is highly nuanced, and your situation should be evaluated individually by an attorney.
If you were injured in a car accident while working, Nevada law generally allows you to collect workers' compensation benefits through your employer's insurer while also filing a separate lawsuit against the driver who caused the crash.
Under NRS 616A.020, workers' compensation is generally the exclusive remedy against your own employer, meaning you typically cannot sue your employer directly for a workplace injury. But NRS 616C.215 specifically preserves your right to bring a claim against a negligent third party, such as the other driver, even while your workers' comp claim is open.
Battle Born Injury Lawyers has recovered more than $100 million for injured clients, drawing on 85+ years of combined legal experience, and much of that experience comes from attorneys who once defended insurance companies before shifting to representing injured people. In this blog, we'll break down how these two claims work together, what each one covers, and what steps to take if you're navigating both at once.
Two Separate Claims, Two Separate Purposes
Workers' compensation and a third-party lawsuit serve different purposes, and understanding that distinction is key to this issue.
Workers' compensation is a no-fault system. Under NRS 616A.010, Nevada renounced common law fault-based defenses in exchange for a guaranteed set of benefits. In practice, this means:
- You generally don't need to prove that anyone was negligent to receive medical treatment and partial wage replacement
- In exchange for that certainty, you generally give up the right to sue your employer directly
- You also generally give up the right to recover damages like pain and suffering through that claim
A third-party lawsuit is a standard negligence claim against whoever caused the crash, and it requires proving fault, just like any other car accident case. Because the workers' comp system doesn't limit it, it can reach categories of damages that workers' comp doesn't cover.
Why the Distinction Matters
| Feature | Workers' Compensation | Third-Party Lawsuit |
|---|---|---|
| Fault required? | No, generally no-fault | Yes, must prove negligence |
| Who you file against | Your employer's insurer | The at-fault driver or other negligent party |
| Medical expenses | Generally covered | Recoverable |
| Lost wages | Partial wage replacement | Full lost wages and diminished earning capacity |
| Pain and suffering | Not available | Available |
| Punitive damages | Not available | Available in cases of especially reckless conduct |
| Deadline to act | Report within 7 days; file claim within 90 days | Generally 2 years under NRS 11.190 |
Who Counts as a Third Party?
The other driver isn't always the only potentially liable party. Depending on the facts of your case, a third-party claim could reach:
- The other driver, if negligence such as distraction, speeding, or impairment caused the crash
- That driver's employer, if the driver was acting within the scope of their own job at the time, under the doctrine of respondeat superior
- A vehicle manufacturer or repair shop, if a defective part or a negligent repair contributed to the crash
- A government entity, if a road defect or a malfunctioning traffic signal played a role
- Your own employer, only in narrow situations, such as failing to carry required workers' compensation coverage in the first place
Walking Through Both Claims
- Get medical treatment immediately. This protects your health and both potential claims.
- Report the accident to your employer in writing, generally within 7 days, since prompt notice is required to preserve a workers' comp claim.
- File your workers' comp claim (Form C-4) with a treating provider, generally within 90 days of the accident.
- Preserve evidence for the separate third-party claim, including photos, witness contact information, and the other driver's insurance details, since the workers' comp insurer generally won't gather this for you.
- Let your attorney evaluate and pursue the third-party claim while your workers' comp benefits continue, rather than waiting for one to resolve before starting the other.
- Understand the lien before settling. If the third-party claim is resolved, the workers' comp insurer generally holds a lien under NRS 616C.215 to recoup benefits already paid, so any settlement must account for that offset.
Does Pursuing Both Mean Getting Paid Twice?
No, Nevada's system is designed to prevent double recovery, not to facilitate it. The workers' compensation insurer's lien exists specifically to ensure that medical bills and wage benefits already paid through workers' compensation are reimbursed from a third-party settlement or verdict, rather than being collected from both sources.
Pursuing both claims allows individuals to obtain compensation for categories such as pain and suffering or full lost earning capacity, which workers' compensation was never intended to cover in the first place.
What If You Were Partially at Fault?
Nevada follows a comparative negligence rule under NRS 41.141. Generally, if you're found 50 percent or less at fault for the crash, your third-party recovery is reduced by your share of fault. If you're found 51 percent or more at fault, you're generally barred from recovering in that lawsuit.
This only affects the third-party claim, since workers' compensation is no-fault and isn't affected by comparative negligence in the same way. How fault gets allocated depends heavily on the specific facts of the crash.
Talk to Battle Born Injury Lawyers
Coordinating a workers' comp claim and a third-party lawsuit at the same time involves lien calculations, filing deadlines, and evidence preservation that are easy to get wrong without guidance.
Battle Born Injury Lawyers has played a direct role in shaping Nevada's injury laws through service in the state legislature, and clients across our Las Vegas, Henderson, and Reno offices work directly with their attorney from the first call through resolution. We handle these cases on a contingency basis, so there's no upfront cost, and you owe us nothing unless we recover compensation for you.
If you were hurt in a car accident while working anywhere in Nevada, contact Battle Born Injury Lawyers today.
Additional Disclaimer: This content is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes.
