Fatal Workplace Accidents

In most cases, you cannot sue your employer directly because Nevada’s workers’ compensation system provides exclusive remedy, meaning it’s the only avenue for recovering benefits. However, you can file a workers’ compensation death benefits claim, and you may be able to sue third parties whose negligence contributed to the death (equipment manufacturers, contractors, property owners, other companies). If the employer’s conduct was intentionally harmful or grossly negligent, Nevada law may allow a lawsuit outside workers’ compensation, though this is rare and difficult to prove.

Nevada workers’ compensation provides death benefits to surviving dependents including burial expenses (up to $10,000), monthly payments to surviving spouse and/or dependent children (typically two-thirds of the deceased worker’s average monthly wage, subject to state maximums), continuation of benefits until the spouse remarries or children reach age 18 (or 22 if full-time students), and payment of reasonable medical expenses incurred before death. These benefits are paid regardless of fault, but they’re typically much lower than what could be recovered in a wrongful death lawsuit against a third party.

You can file a wrongful death lawsuit (separate from workers’ compensation) when a third party’s negligence caused the death. Common scenarios include defective equipment or machinery (sue the manufacturer), negligence by contractors or subcontractors at the worksite, motor vehicle accidents involving third-party drivers, toxic exposure from products made by third parties, and premises liability when working on another company’s property. These lawsuits can recover full damages including lost future earnings, loss of companionship, pain and suffering, and punitive damages—far exceeding workers’ compensation benefits. An experienced attorney will identify all liable third parties.

After a fatal workplace accident in Nevada, survivors may have multiple legal options: workers’ compensation death benefits provide coverage regardless of fault, wrongful death lawsuits can be filed against negligent third parties such as equipment manufacturers, subcontractors, or property owners, and OSHA complaints can be filed to investigate safety violations. An experienced workplace accident attorney can evaluate which options apply to your situation and pursue maximum compensation for your family.

Families of workers killed in workplace accidents can recover compensation through workers’ compensation death benefits including funeral expenses and survivor benefits, and through wrongful death lawsuits against liable third parties for lost income the worker would have earned, loss of financial support for dependents, loss of companionship and guidance, pain and suffering endured before death, and potentially punitive damages for egregious safety violations. Our fatal workplace accident attorneys pursue all available sources of compensation.

Generally, Nevada’s workers’ compensation system provides the exclusive remedy against employers for workplace injuries and deaths, meaning you typically cannot sue the employer directly. However, there are important exceptions: you can file wrongful death lawsuits against third parties like equipment manufacturers, subcontractors, property owners, or other companies whose negligence contributed to the fatal accident. If the employer engaged in intentional misconduct or lacked required workers’ compensation coverage, direct lawsuits may be possible.