Work Injury Lawyer in Las Vegas, NV

Name: Work Injury
Brand: Cogburn Davidson
Rating: 4.9 (521 reviews)

A work injury lawyer helps injured employees understand the options that may be available after an accident on the job. In Nevada, many workplace injuries fall under the Nevada Industrial Insurance Act, which defines an accident as a sudden, unexpected event, with or without human fault, that produces objective symptoms of injury at the time.

How Nevada Defines a Workplace Injury

The Act generally makes workers' compensation the exclusive remedy against an employer for an injury arising out of and in the course of employment, as NRS 616A.020 provides. Claims against other responsible parties are treated differently, and that distinction shapes many work injury cases in Nevada.

The attorneys at Cogburn Davidson Car Accident & Personal Injury Lawyers have represented injured Nevadans for two decades. Jamie Cogburn is one of only 19 Nevada attorneys certified in personal injury, and the firm approaches every case with the mindset that it may go to trial.

Why Las Vegas Trusts Cogburn Davidson for Work Injury Cases

Cogburn Davidson is a Las Vegas personal injury firm built around trial preparation, which can matter when insurers and corporate defendants evaluate a claim. Partner Hunter Davidson has appeared before the Nevada Supreme Court, resulting in several published decisions, and has handled premises liability cases that have resulted in multiple seven-figure settlements.

The firm's results in related practice areas include a $2.4 million truck accident recovery, a $2.3 million slip-and-fall recovery, and a $2 million slip-and-fall recovery. Those outcomes reflect their own facts and do not predict the result of any other case.

What Counts as a Work Injury Under Nevada Law?

A work injury under Nevada law is generally an injury by accident that arises out of and in the course of employment. NRS 616A.265 describes an injury as a sudden and tangible happening of a traumatic nature that produces an immediate or prompt result established by medical evidence.

Both parts of the "arising out of and in the course of" standard matter. According to the Nevada Supreme Court, the course of employment refers to the time and place of the injury, while arising out of employment requires a causal connection between the injury and the nature of the work or workplace. The court has also said that "merely being at work and suffering an injury" is not enough.

Nevada employers reported a significant volume of these injuries. U.S. Bureau of Labor Statistics states that private employers in Nevada reported 33,800 nonfatal workplace injuries and illnesses in 2024, and 21,700 of those cases involved days away from work, job transfer, or restricted duty.

The following accident types are among those that may support a work injury claim:

Machinery and defective equipment injuries
Forklift, warehouse, and loading-dock accidents
Hotel, casino, and restaurant employee accidents
Falling objects, crush injuries, and amputations
Vehicle accidents while working

Whether a particular accident qualifies depends on the facts, the nature of the work, and how the claim is documented.

Types of Work Injury Cases We Handle in Las Vegas

Machinery and Defective Equipment Injuries

Machinery and defective equipment injuries happen when a worker is:

Caught in;
Struck by; or
Hurt by

Industrial equipment that is:

Unguarded
Poorly maintained
Defective

These accidents can involve:

Presses
Conveyors
Saws
Lifts
Other powered tools

Workers' compensation generally governs claims against the employer. A malfunctioning machine, however, can raise separate questions about the manufacturer, distributor, or a maintenance contractor.

Depending on the facts, a product liability or negligence claim against one of those parties may be possible, as NRS 616C.215 recognizes claims against persons other than the employer.

Forklift, Warehouse, and Loading-Dock Accidents

Forklift, warehouse, and loading-dock accidents often involve:

Tip-overs
Pedestrian strikes
Falling loads
Trailers that shift or separate from the dock

OSHA statistics cited in an agency directive estimate roughly 85 forklift fatalities and 34,900 serious forklift injuries each year, with 42 percent of the fatalities involving operators crushed by a tipping vehicle.

Several parties may be involved in a single incident. Depending on the circumstances, the list could include:

An equipment manufacturer
A maintenance company
A property owner
A driver employed by another business at a shared dock

Hotel, Casino, and Restaurant Employee Accidents

Hotel, casino, and restaurant employees in Las Vegas face hazards such as:

Wet or cluttered floors
Hot kitchen equipment
Heavy lifting
Repetitive physical tasks

A worker hurt by a vendor's equipment, a contractor's negligence, or an unsafe condition created by a separate company may have options beyond workers' compensation, depending on the facts.

Wage calculations can also matter in these industries. Under NRS 616A.065, the definition of wage includes tips reported to the employer, subject to certain exceptions, which may affect the benefits calculation for tipped workers.

Falling Objects, Crush Injuries, and Amputations

Falling objects, crush injuries, and amputations are among the most serious workplace injuries and can result in permanent impairment. Nevada law recognizes the severity of these outcomes. The statutory definition of catastrophic injury includes several results that commonly follow these accidents:

The loss by separation of any arm or leg
The mangling, crushing, or amputation of a major portion of an extremity
A head or spine injury that results in paralysis

When a falling object or collapsing load was caused by a contractor, an equipment supplier, or another company at the site, that party may be liable separately from the employer.

Vehicle Accidents While Working

Vehicle accidents while working involve:

Delivery drivers
Service technicians
Truck drivers
Employees who travel for their jobs

If the crash arises out of and in the course of employment, workers' compensation may apply, and a claim against an at-fault driver may also be possible.

Nevada law addresses an additional source of recovery. Under NRS 616C.215, an injured employee may be able to pursue proceeds under the employer's uninsured or underinsured vehicle coverage. However, the insurer is not subrogated to rights under coverage the employee purchased personally.

Workers' Comp vs. Third-Party Claims: How Do They Differ?

Workers' compensation and third-party claims differ in who is responsible, whether fault matters, and what an injured worker may recover.

	Workers' Compensation	Third-Party Claim
Who is responsible	The employer's industrial insurer or a self-insured employer	A person or company other than the employer or a coworker
Fault	Available with or without human fault	Generally requires proof that negligence or a defective product caused the injury
What may be recovered	Accident benefits such as medical treatment, compensation for covered losses, and vocational rehabilitation	Damages, which Nevada law distinguishes from compensation
Claims against the employer	Generally barred by the exclusive remedy rule	Brought against parties other than the employer
Reimbursement	Insurer may hold a lien on the total proceeds of a third-party recovery	Recovery is subject to the insurer's lien
Key deadlines	Written notice to the employer within 7 days and a claim within 90 days	Generally two years for personal injury, though other deadlines may apply

The two paths are not mutually exclusive:

Under NRS 616C.215, an injured employee may pursue damages from a liable person other than the employer
However, the compensation the employee is entitled to receive may be reduced by the damages recovered
The insurer that paid benefits also has a lien on the total proceeds of a third-party recovery
Additionally, the employee or the employee's attorney must notify the insurer in writing before starting a proceeding

Because these provisions interact, the timing and sequence of claims can affect the outcome, and each case needs individual evaluation.

Who Can Be Held Liable After a Las Vegas Work Injury?

Liability after a work injury depends on who caused or contributed to the accident and how that party is related to the employer. Depending on the facts, responsible parties may include the following:

Manufacturers and distributors of defective equipment
Maintenance and repair contractors
Property owners or managers who are not the employer
Other contractors or subcontractors working at a shared site
Negligent drivers

The employer is generally protected by the exclusive remedy provision, which also extends in certain construction settings, as NRS 616A.020 explains. Whether a particular party is protected can turn on contractual and statutory relationships, so these questions call for careful review of the facts.

Steps to Take After a Work Injury in Nevada

Acting promptly after a work injury can protect both a workers' compensation claim and any potential third-party claim. The following steps reflect Nevada's statutory timelines and general best practices:

Seek medical attention as soon as possible and describe how the injury happened.
Give written notice to the employer as soon as practicable, and within 7 days of the accident.
Make sure a compensation claim is filed with the insurer within 90 days of the accident, as outlined in the State of Nevada's statutory timelines.
Preserve evidence, including photographs, the equipment involved, incident reports, and witness names.
Keep records of medical care, missed work, and communication with the employer and insurer.
Speak with an attorney before giving recorded statements or settling if a party other than the employer may be responsible.

Deadlines continue after the claim is filed. The same State of Nevada timeline notes that insurers generally have 30 days to make a claim determination and that appeals must be filed within 70 days. A personal injury claim against a third party is generally subject to a two-year limitation period, although limited exceptions and other deadlines may apply.

We’re Here to Help You Understand Your Options After a Work Injury in Las Vegas

Work injury claims can involve workers' compensation, third-party liability, or both, and the right approach depends on the facts of each accident. Cogburn Davidson brings nearly two decades of trial-focused experience to these questions. Jamie Cogburn is a member of the Multi-Million Dollar Advocates Forum, and the firm holds a 4.9-star rating across 519 client reviews.

Injured workers can speak with the Las Vegas work injury attorneys at Cogburn Davidson to schedule a case evaluation. The firm has offices at 2300 W Sahara Ave, Suite 800-816, Las Vegas, NV 89102, and 2580 St Rose Pkwy, Suite 330, Henderson, NV 89074. Call (702) 805-0652 to get started.