Can I Sue My Employer?

by Timothy
(Reno, Nevada, USA)

I live in Nevada and have been offered a settlment in a workers comp case. I was told you can't sue an employer in this state, is this true? The offer was a joke, $40,000 for an injury where I lost 30% of my lungs and I'm still sick.

I'd also like to know how someone can fire an attorney and get one who will do a better job? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I Sue My Employer?":


When an Employer is an active participant under the State of Nevada’s Workers Compensation Act, an employee is bound to first file and pursue their claim through the regulations attached to the Act. In that instance and under the circumstances you provide it is true your options may be limited to the provisions of the Act.

If you are not satisfied with your attorney you have the right to terminate her services and seek new counsel. If you do it is highly likely the attorney you are dismissing will maintain a legal interest, or a “lien” in the amount of his legal fees.

If so your actions may result in your having to pay two attorneys out of your settlement proceeds. Doing so may result in a substantially lower net settlement for you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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