A work injury is bad enough. Whether it was an equipment malfunction or a slip on a wet floor, you’re strapped with unexpected medical complications and time off from work. Unfortunately, this can be compounded by your employer retaliating against you. They could reduce your hours, cut your compensation, or even fire you.
The good news? If you’ve been fired or retaliated against after a work injury in Las Vegas, there are legal protections to help you. In this blog, our hurt at work attorneys in Las Vegas will educate you on your rights and make sure they are protected.
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Your Rights Under Nevada Workers’ Compensation Laws
As an employee in Las Vegas, you are entitled to certain rights if you are injured on the job. These include:
- Right to File a Workers’ Compensation Claim: After a workplace injury, you have the right to file for workers’ compensation to cover medical costs, lost wages, and rehabilitation. Typically, accepting these benefits means you forgo your right to sue your employer for your injuries.
- Right to Not Be Fired for Filing a Workers’ Compensation Claim: It is illegal for employers to retaliate against an employee for filing a workers’ compensation claim, which includes firing or demoting you because of the injury.
- Right to Return to Work: If your injury prevents you from performing your previous job, you have the right to reasonable accommodations to allow you to perform your job or to return to a different position, if available.
What Is Considered Retaliation?
Retaliation means your employer is punishing you for filing a workers’ compensation claim or reporting an injury. This could include actions such as:
- Termination: Firing you after you file a workers’ compensation claim or report a workplace injury.
- Demotion: Lowering your position or job responsibilities because of your injury.
- Disciplinary Action: Issuing unfair reprimands, disciplinary actions, or warnings after you report your injury.
- Harassment or Intimidation: Creating a hostile work environment to make you feel uncomfortable or forced to resign.
Don’t Forget to Document
The most important thing you can do after a workplace injury is to document everything. Keep a detailed record of all interactions with your employer. This includes any emails, texts, or written communication regarding your injury and the termination. Document conversations that allude to any kind of punishment for reporting your injury and note when these conversations occurred.
Why You Need an Attorney
Fighting a wrongful termination claim after a work injury can be difficult without the proper legal expertise. Your employer may be very skilled at intimidating and manipulating you. They may also try to pass their tactics off as “good business.” For example, if they fire you as a retaliatory measure, they may try to come up with reasons for the termination that seem perfectly legal. They may say you were underperforming in some way or that the company was downsizing—anything to hide the evidence that they are punishing you for reporting your injury.
A skilled Las Vegas workers’ compensation attorney will help you organize evidence to prove the truth. They can also communicate with your employer, so you don’t have to engage in these stressful conversations.
They can assist you in filing a complaint with the Nevada Labor Commission, if necessary. This government body enforces labor laws and will investigate your case to determine if your employer violated your rights. If your case advances to a formal hearing, they can represent you.
Am I Allowed to Take Legal Action for a Workers’ Compensation Case?
Above, we mentioned that the catch with workers’ compensation benefits is that they come in exchange for your not suing your employer. In other words, your employer agrees to pay for your medical costs and time off, and you agree not to put up a legal fight.
But remember that these laws only work when both parties are in compliance. If your employer is retaliating against you, they are not complying with workers’ compensation laws. As a result, they are opening themselves up to legal action. You have the right to hold them accountable.
Seeking Compensation for Wrongful Termination
If you have been wrongfully terminated after a workplace injury, you may be entitled to additional compensation. This can include:
- Back Wages: If your firing was unjustified, you could be entitled to the wages you lost due to the termination.
- Legal Fees. If you have incurred legal fees (such as attorney fees) in defending your rights under workers’ compensation, you may be entitled to reimbursement.
- Reinstatement: If appropriate, you may be able to be reinstated to your previous position or a similar role.
- Emotional Support. If your wrongful termination has caused you emotional distress, you may be entitled to compensation.
- Punitive Damages: If your employer’s actions were particularly egregious or malicious, you could be awarded punitive damages to punish the employer and deter future misconduct.
Take Action
If you’ve been fired after a work injury in Las Vegas, contact an experienced workers’ compensation lawyer to defend your rights and hold your employer accountable. Many lawyers work on contingency fees, so you won’t incur any upfront legal fees. Instead, you only pay when you get a favorable resolution to your legal case.
Workers’ compensation exists to protect workers’ rights. Don’t sit by if those rights are being violated. Take action and get the benefits you are entitled to.