The short answer
In Nevada, a slip-and-fall that happens at work is usually handled as a workers’ compensation claim, not a traditional personal injury lawsuit. Nevada’s Industrial Insurance Act is generally the exclusive remedy for an employee who suffers a compensable injury “by accident” that arises out of and in the course of employment. That typically means you cannot sue your employer (or certain co-employees and statutory “co-employees”) for negligence over a workplace fall. See NRS 616A.020(1); Frith v. Harrah S. Shore Corp., 92 Nev. 447, 552 P.2d 337 (1976).
That said, a workplace slip-and-fall can sometimes support a separate personal injury case if a third party (someone other than your employer or a person deemed in the “same employ” under Nevada workers’ comp law) created or controlled the dangerous condition. See NRS 616C.215; Cardenas Vda. De Aragonez v. Taylor Steel Co., 85 Nev. 718, 462 P.2d 754 (1969).
1) Why most workplace slip-and-falls are workers’ comp claims in Nevada
Workers’ compensation is designed to be the primary system for workplace injuries. The core tradeoff is straightforward:
- The worker generally does not have to prove negligence to obtain benefits.
- In exchange, the worker generally gives up the right to sue the employer for negligence over the work injury.
Nevada codifies the “exclusive remedy” concept in the Industrial Insurance Act. See NRS 616A.020(1); Frith v. Harrah S. Shore Corp., 92 Nev. 447, 552 P.2d 337 (1976). In practice, if you slipped on a wet floor in a breakroom, tripped over a cord in a hallway, or fell in a parking area while working, the first legal framework to evaluate is workers’ compensation.
2) “At work” is not always as simple as “inside the building”
A fall can be work-related even if it happens outside the employer’s main premises, depending on the facts. The workers’ comp question is typically whether the injury was an “accident” arising out of and in the course of employment under the Nevada Industrial Insurance Act. See NRS 616A.030; NRS 616C.150; Conway v. Circus Circus Casinos, Inc., 116 Nev. 870, 8 P.3d 837 (2000).
If an injury is covered by workers’ comp, the exclusivity rule generally applies against negligence claims targeting the employer. See NRS 616A.020(1); Frith v. Harrah S. Shore Corp., 92 Nev. 447, 552 P.2d 337 (1976).
3) Can I sue my employer if the fall was their “fault”?
Usually, no, not for negligence.
Even if you believe the employer:
- failed to clean up a spill,
- ignored a known hazard,
- failed to repair flooring,
- violated internal safety rules,
Workers’ comp is still generally the exclusive remedy for workplace accidents. See NRS 616A.020(1); Frith v. Harrah S. Shore Corp., 92 Nev. 447, 552 P.2d 337 (1976).
4) What about suing a coworker?
Nevada law generally limits lawsuits against “a person in the same employ” when the injury is covered by workers’ comp. See NRS 616C.215; Cardenas Vda. De Aragonez v. Taylor Steel Co., 85 Nev. 718, 462 P.2d 754 (1969).
This becomes especially important on multi-employer worksites (construction, maintenance, vendor-heavy properties), because Nevada law can treat certain contractors and subcontractors as statutory employees for immunity purposes. See NRS 616A.210(1); Tucker v. Action Equip. & Scaffold Co., 113 Nev. 1349, 951 P.2d 1027 (1997); Stolte, Inc. v. District Court, 89 Nev. 257, 510 P.2d 870 (1973); Tab Constr. Co. v. Dist. Ct., 83 Nev. 364, 432 P.2d 90 (1967); Meers v. Haughton Elevator, 101 Nev. 283, 701 P.2d 1006 (1985); D&D Tire, Inc. v. Ouellette, 131 Nev. Adv. Op. 47, 352 P.3d 32 (2015); Lipps v. S. Nev. Paving, 116 Nev. 497, 998 P.2d 1183 (2000).
Practical takeaway: The fact that the person who created the hazard “works for a different company” does not automatically mean they are a suable third party. Nevada’s statutory employee and immunity rules can be decisive. See 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); D&D Tire, Inc. v. Ouellette, 131 Nev. Adv. Op. 47, 352 P.3d 32 (2015); Lipps v. S. Nev. Paving, 116 Nev. 497, 998 P.2d 1183 (2000).
5) When a workplace slip-and-fall can also be a personal injury case
A workplace fall can support a separate third-party negligence claim when a negligent actor is not the employer and not a person deemed in the same employ.
Common examples include:
- A property owner/landlord that controlled a common area (depending on immunity issues and control).
- A separate business operating on the premises (for example, a neighboring tenant that created the hazard).
- A maintenance or cleaning vendor whose negligence caused the dangerous condition (again, subject to statutory employee analysis).
- A product manufacturer (defective flooring material, defective ladder, defective footwear requirements, etc.).
Nevada’s third-party action framework in the workers’ comp context is addressed by statute. See NRS 616C.215.
6) Narrow exceptions where the employer might be sued
There are limited, high-bar situations where an employer may not be protected by workers’ comp exclusivity.
A) Intentional torts by the employer (high standard)
Nevada recognizes that workers’ comp exclusivity does not necessarily shield an employer from liability where the employer acted with deliberate and specific intent to injure the employee. See 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).
For most slip-and-falls, the facts do not approach this intent threshold, but the exception is part of Nevada law.
B) Employer failure to provide and secure workers’ compensation
Nevada law contains provisions addressing circumstances where an employer fails to provide and secure required industrial insurance coverage. See NRS 616B.636; Richard Matthews, Jr., Inc. v. Vaughn, 91 Nev. 583, 540 P.2d 1062 (1975).
There are also pleading and procedural issues that can matter when a plaintiff attempts to proceed outside the Industrial Insurance Act. See McGinnis v. Consolidated Casinos Corp., 94 Nev. 640, 584 P.2d 702 (1978).
7) Can I have both a workers’ comp claim and a third-party personal injury claim?
Yes, in the right scenario. Many injured workers legitimately have:
- a workers’ comp claim for medical care and wage benefits, and
- a third-party personal injury case against a negligent non-employer.
But you must understand the lien/subrogation side of the equation. Nevada law gives the workers’ compensation insurer a lien against a third-party recovery for the same injuries. See NRS 616C.215(5).
And Nevada’s Supreme Court has recently clarified how those liens are analyzed, abandoning prior judge-made approaches that conflicted with the statute. See AmTrust N. Am., Inc. v. Vasquez, 140 Nev. Adv. Op. 61, 555 P.3d 1164 (2024) (addressing NRS 616C.215(5), abandoning the “Breen formula,” and analyzing lien rights based on the statutory text); Breen v. Caesars Palace, 102 Nev. 79, 715 P.2d 1070 (1986) (historical approach later abandoned in relevant part); Poremba v. S. Nev. Paving, 133 Nev. 12, 388 P.3d 232 (2017) (addressed by later authority in Vasquez).
Practical takeaway: A third-party settlement may be reduced by valid workers’ comp lien repayment obligations, and those issues should be evaluated before the settlement is finalized. See NRS 616C.215(5); AmTrust N. Am., Inc. v. Vasquez, 140 Nev. Adv. Op. 61, 555 P.3d 1164 (2024).
8) What should you do after a slip-and-fall at work in Nevada?
A few steps matter in almost every case:
- Report the injury promptly and request that an incident report be completed.
- Get medical care and be honest and consistent about what happened.
- Photograph the hazard (spill, uneven flooring, poor lighting, missing mats) if possible.
- Identify witnesses and request preservation of any video.
- Do not assume it is “only workers’ comp” if a third party may be responsible. Third-party evidence can disappear quickly.
- Be careful with recorded statements if third parties or insurers get involved.
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