In most cases, workers’ compensation is an exclusive remedy. That means, if you’re hurt during the course of your employment, you can only recover workers’ compensation payments. You can’t have both workers’ compensation and personal injury, and you can’t opt for an injury case instead of workers’ comp.
Instead, your only remedy is to go through the workers’ compensation system to recover the damages that are available through the insurance program. Nevada law 616A.020 states workers’ compensation is your exclusive remedy when you’re hurt at work, although there’s one important exception to this rule.
If you’re hurt at work because of the negligence of a third party, you can still bring a case against the third party. That is, if a customer, contractor or other person acts in a way that causes your injuries, the workers’ compensation system doesn’t stop you from bringing a claim against this person. Sometimes, this can create an interesting question as to whether a person is your employer, a coworker or a third party. This question can sometimes become the crux of the negligence case.