Slip and fall accidents are a major reason people have to miss time from their jobs, especially when wet floors or poorly lit hallways create unsafe walking conditions at a workplace. Many workers assume that their employer’s regular insurance is the only option available to help them pay for their recovery after a bad fall, but the actual laws in our state are much more detailed than that single option. Depending on exactly where you fell and what caused you to lose your footing, you might have the right to file both an insurance claim through your job and a standard personal injury lawsuit at the same time.
Learning the difference between these two types of claims can change how much money you receive to pay your bills and help protect your family from a long-term financial disaster.
When a Slip and Fall Is Covered by Workers’ Compensation
Nevada requires almost every business to carry insurance that pays for medical treatment if an employee gets hurt while they are performing their regular job duties. This coverage applies to most workplace accidents, which means you are likely covered if you stumble over clutter in a storage room or slip on water that leaked from a broken office refrigerator.
Workplace injury benefits typically pay for:
- Payment of all medical bills that are necessary to help you heal from the fall
- A portion of your regular weekly paycheck while you are missing work to recover
- A lump-sum payout if the injury leaves you with a permanent physical disability
You do not have to prove that your boss made a mistake or did something wrong to receive this specific financial help because the system provides benefits regardless of who caused the accident. The trade-off under state law is that this system acts as your only option against your employer, which means you cannot sue the company or your coworkers for making a mistake that led to your injuries.
When a Third-Party Claim May Exist
A completely different legal situation arises if your workplace fall happened because someone who does not work for your company left a dangerous hazard in your path. When an outside person or a separate business causes you to trip and get hurt, you can file a third-party personal injury lawsuit alongside your workplace insurance claim.
Examples of these situations often include:
- Slipping on a wet floor inside a building that your company rents but does not own or clean
- Falling on an icy sidewalk outside an office building where an outside company handles the property care
- Tripping over tools left behind by an outside service worker who was fixing equipment at your job site
Unlike a standard workplace claim, a personal injury lawsuit requires you to prove that the other party was careless and failed to keep the property safe. Winning a personal injury case allows you to demand full payment for your financial losses and gives you the right to collect money for the physical pain and emotional suffering you had to experience.
Our state courts have always protected the rights of workers to go after these outside businesses when someone other than their boss is responsible for creating a dangerous walking surface.
Documenting Proof of Your Slip and Fall
The biggest problem that people run into when trying to win a case involving a workplace slip and fall is that the dangerous condition usually disappears very fast. A puddle of liquid gets wiped up by a janitor, a broken piece of flooring gets fixed the next morning, or ice melts under the afternoon sun before anyone can inspect the area.
Gathering proof of the danger immediately after your fall can make or break your legal claim. If you are physically able to do so without causing yourself more pain, you should protect your rights by taking these steps:
- Taking clear pictures and videos of the exact puddle or object that caused you to fall
- Capturing wide shots of the entire room or hallway to show if there were any warning signs posted
- Writing down the exact hour, date, and names of any coworkers who saw you lose your balance
This evidence helps your legal team prove that the property manager knew about the danger or should have noticed the hazard before you walked into the area.
Overlapping Claims and Subrogation Issues
When you collect money from a workplace insurance policy and also file a lawsuit against an outside business for the same injury, Nevada law requires you to balance both cases carefully. Under our state statutes, the insurance company that paid for your initial medical treatment has a legal right called subrogation, which allows them to ask for some of their money back if you win a settlement from the outside party.
These laws changed significantly under Senate Bill 258, which now places a strict cap on how much money a workplace insurance company can take from your personal injury settlement. Managing these overlapping claims takes a lot of careful planning to ensure that you comply with state regulations while keeping the largest possible share of your settlement money for your recovery.
Speak With Our Slip and Fall Lawyer
Hurting yourself during a shift raises tough legal questions that involve multiple areas of state law. Figuring out whether your case is limited to standard workplace benefits or if you can sue an outside company depends entirely on who owned the property, who cleaned the floors, and what caused the hazard.
Acting quickly to understand your rights and saving proof of the dangerous condition before it gets cleaned up is the best way to protect your financial future.
If you have questions about how our state laws apply to your accident, talking to an attorney who understands both systems can help you see all of your financial options clearly. Blake Friedman is a Las Vegas native who has won over $100 million in settlements for injured people in our community, and our firm has earned more than 400 5-star reviews from families we have helped. Call Friedman Injury Law at (702) 970-4222 or fill out our online form to talk about your workplace fall today.
Nevada legal authorities cited
Nevada statutes
- NRS 616A.020
- NRS 616A.030
- NRS 616A.210
- NRS 616B.636
- NRS 616C.150
- NRS 616C.215
Nevada case law
- Frith v. Harrah S. Shore Corp., 92 Nev. 447, 552 P.2d 337 (1976)
- Conway v. Circus Circus Casinos, Inc., 116 Nev. 870, 8 P.3d 837 (2000)
- Advanced Countertop Design, Inc. v. Second Judicial Dist. Ct., 115 Nev. 268, 984 P.2d 756 (1999)
- Barjesteh v. Faye’s Pub, Inc., 106 Nev. 120, 787 P.2d 405 (1990)
- McGinnis v. Consolidated Casinos Corp., 94 Nev. 640, 584 P.2d 702 (1978)
- Richard Matthews, Jr., Inc. v. Vaughn, 91 Nev. 583, 540 P.2d 1062 (1975)
- Cardenas Vda. De Aragonez v. Taylor Steel Co., 85 Nev. 718, 462 P.2d 754 (1969)
- Tab Constr. Co. v. Dist. Ct., 83 Nev. 364, 432 P.2d 90 (1967)
- Stolte, Inc. v. District Court, 89 Nev. 257, 510 P.2d 870 (1973)
- Meers v. Haughton Elevator, 101 Nev. 283, 701 P.2d 1006 (1985)
- Tucker v. Action Equip. & Scaffold Co., 113 Nev. 1349, 951 P.2d 1027 (1997)
- Lipps v. S. Nev. Paving, 116 Nev. 497, 998 P.2d 1183 (2000)
- D&D Tire, Inc. v. Ouellette, 131 Nev. Adv. Op. 47, 352 P.3d 32 (2015)
- Breen v. Caesars Palace, 102 Nev. 79, 715 P.2d 1070 (1986)
- Poremba v. S. Nev. Paving, 133 Nev. 12, 388 P.3d 232 (2017)
- AmTrust N. Am., Inc. v. Vasquez, 140 Nev. Adv. Op. 61, 555 P.3d 1164 (2024)
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com