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Las Nevada
Court Defines Which Las Vegas Workplace Injuries Qualify for Worker's Compensation Claims
After personal injury cases, lawsuits involving Nevada worker's compensation claims are probably civil-law phenomenon most familiar to average Nevadans. We are all immersed to some degree or another in a larger social environment and media culture that gives substantial focus to legal matters where a party is physically injured; maybe it is natural to be intrigued by the physicality and fragility exposed in these incidents. Certainly the media and the entertainment industry contribute substantially to our understanding of these processes and to our ongoing curiosity about them. Yet despite our healthy appetite for the details of these cases, many have only a superficial understanding of what, exactly, would trigger a Nevada worker's compensation case. For instance, not every Las Vegas workplace injury can be purposed to these workplace protections. To understand whether a case is within this protection, you need to consult Las Vegas workplace injury attorney.
The boundaries of the world of worker's comp cases arising out of Las Vegas workplace injuries are defined by Nevada's worker's compensation laws, administrative policies by the government agencies responsible for processing and addressing issues of Las Vegas workplace injuries, and also the interpretive decisions made by Nevada's court system. In Rio All Suite Hotel & Casino v. Phillips, the Nevada Supreme Court clarified an important aspect of Nevada worker's comp law. Let's consider some hypotheticals to help build the basis for the Court's decision.
We will consider Steve, who works for X Corp. X Corp is a large-volume hardware retailer with a large warehouse-store located in Henderson, part of the Las Vegas metropolitan area. Steve's first job at X Corp is as a cashier. If this sounds like a relatively safe position, you're right. Under Nevada worker's compensation law, there are a limited number of situations that would permit Steve's Las Vegas workplace injury to turn into a worker's comp claim. For instance, if Steve tries to use a pair of scissors backward and cuts himself, he is most likely a doofus rather than a worker's comp claimant. However, if Steve's cash register bursts into flames and burns his arm, Steve has a solid claim for redress for his Las Vegas workplace injury.
Let's imagine that Steve takes a promotion to the lumber yard, where his job is to cut lumber to size for customers who need precise lengths. If Steve decides that it is funny to "surf" the platform for the lumber saw and, when his supervisor is away, he does so and sustains a major laceration to his foot, he probably won't receive any compensation for his Las Vegas workplace injury. On the other hand, if Steve was not properly trained to use the saw (or if he followed safety procedures but was injured anyway) he would be in a better position to seek damages.
Finally, let's say that Steve is promoted to the position of sales representative, and his responsibility is to wander the store in a bright apron and ask bewildered customers if he can help them. One day, Steve is walking down the landscaping aisle when a cinder block falls from the warehouse shelf 20 feet above and strikes Steve directly in the head. Is this Las Vegas workplace injury eligible for worker's compensation? Steve was not goofing off or doing anything outside of protocols for his job. But, X Corp could argue, there was nothing about Steve's employment that caused his injury -- the block could just as easily have hit the customer he was going to help. It was a tragic accident, X Corp might claim, but Steve's Las Vegas workplace injury was no more related to his employment than an on-the-job injury from a lightning bolt would have been.
Nevada lawmakers have given thought to this issue. NRS 616C.150(1) specifies that Nevada worker's compensation is only available if the employee can "establish by a preponderance of the evidence that the employee's injury arose out of and in the course of his or her employment." Part of this restriction is intuitive -- most of us would say that Steve should not get worker's compensation from X Corp for an injury he sustained at home or hiking in the mountains. But what about the "preponderance of evidence" standard? Doesn't that seem like a high standard for showing that an employee should be compensated for a Las Vegas workplace injury?
In answering this question, the Court isolated what it called a neutral risk -- "a risk that is not personal to the employee or solely employment-related." In other words, it is a risk that is neither an idiosyncrasy of Steve's -- for example, a predilection for playing with saws or a magnetic skull that attracts neither loose nails -- nor a risk wholly related to the facility and conditions where the Las Vegas workplace injury occurred. In cases of Las Vegas workplace injury the standard to be used is the concept of increased risk, which is considered in light of the employee's elevated risk to injury relative to an average person.
This concept fits our intuitions about the falling cinder block. Yes, the block could have fallen on the head of anyone unfortunate enough to walk by at the wrong moment. But Steve's work led directly to his risk, insofar as he was more frequently and more commonly walking under the hazardous shelf. The Court pointed out that increased risk can be either qualitative or quantitative; in cases like Steve's imagined one, greater iterative exposure to a hazard can equate to an increased risk or "expected harm."
The rewards of being Las Vegas workers compensation attorneys are usually the pleasure of helping a family rebuilds after a devastating accident. However, it is also a privilege to consider novel legal issues like these, and we make an effort to blend these two priorities in service to our clients. If you or a loved one have suffered a Las Vegas workplace injury and want to know more about your options for receiving worker's compensation benefits, contact us today for a free consultation. We have two Southern Nevada offices to serve you and we can help you navigate the technical and sometimes confusing realm of Nevada worker's compensation law.
About the Author
James Blatt, a correspondent in a legal magazine, offers a close look at the way Nevada workers compensation claims work. If you are looking for consultation with Las Vegas workers compensation attorneys, she suggests you to visit http://www.bensonbingham.com/
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