Can I Be Fired For Filing a Personal Injury Case Against My Employer?

June 15, 2020 | Ed Bernstein
Can I Be Fired For Filing a Personal Injury Case Against My Employer? Many types of workers employed across different sectors face risks and dangers every day on the job. Perhaps you’re a construction worker who works with heavy equipment. Maybe you’re a security guard who faces drunk, aggressive people and who occasionally has to break up fights. Perhaps you’re a taxi cab driver, sometimes suffering both mental and physical injuries from people you’re driving, or being involved in a traffic accident If you have suffered a workplace injury, then you may have considered filing a workers compensation or personal injury case against your employer. However, many people put this off and are not sure how to proceed as they believe they may be fired. If you or a loved one has experienced an injury due to negligence at work, our team can help you navigate the situation and give you the help you need. Contact us for a free consultation by calling 702-240-0000. Worker’s Compensation versus Personal Injury There’s a worker’s compensation system in place that should protect both employers and employees. This is so that employers don’t have to face multiple injured employees who want to sue them and the employees can get treatment for their illness and injuries. However, this may not always be the case.  Every business in the State of Nevada that employs one or more individuals is required by law to carry workers’ compensation. Yes, even if every single one of the employees is a family member - this compensation is a requirement. Worker’s compensation is a form of insurance that covers medical expenses and provides wage supplementation and other benefits for those who have suffered injuries on the job.  Though victims injured on the job will usually have a right to worker’s compensation, there are also times when they can also pursue personal injury lawsuits against people or companies other than their employers or coworkers (called civil lawsuits). These lawsuits require victims to prove their damages were caused by another’s negligence or violations of law, such as a general contractor or owner on a construction site.  Civil lawsuits can be helpful because they allow victims to recover compensation for damages otherwise unavailable or insufficient through worker’s compensation. For example, you may be able to receive non-economic damages for pain and suffering and more substantial earnings and benefits losses if your injury has been particularly damaging.  Workers injured in construction accidents, as just one example, can suffer severe injuries which threaten to end their entire career and leave them permanently disabled. The benefits provided through workers’ compensation, as well as money recovered in a civil lawsuit, will help them recover losses and pay for their future needs. Other workers, however, may suffer injuries that leave them with partial and/or temporary disabilities. These workers may wish to return to work when they have recovered or may be able to perform some other type of work in the meantime. Oftentimes, these workers may return to work for their same employers.  Can You Get Fired For Filing A Personal Injury Case?  Nevada, like many other states, is an "employment-at-will" state. This means that employers can fire their workers for any reason. Don’t panic yet, though - there are exceptions to this. An employer may commit ‘wrongful termination’ when they fire an employee against the employee’s legally protected actions, such as refusing to work in an unsafe environment. Wrongful termination laws usually apply to employers who have 15 or more employees, depending on the case.  Wrongfully fired employees may be able to sue for back pay, pain and suffering, attorney’s fees, and more. In general, it is against federal and Nevada law for employers to fire workers for filing a worker’s compensation claim. However, any employee considering this is encouraged to hire an attorney to help them from the start.  Are There Exceptions To This? Just because most employees will be protected from retaliation doesn’t mean that the employer won’t take action. Employers might decide to fire an employee citing another reason, such as poor performance. Employers may also indirectly force workers to quit by creating hostile and intolerable working conditions.  Each case is entirely different, and in many cases, an employer that is shown to be taking these actions will be deemed to be retaliating. If this is the case, employers may be held accountable for penalties and any damages workers suffered as a result of their actions. Working with the best lawyer in Las Vegas ensures that the claim gets off to the right start from the beginning.  Working With A Trusted Attorney It can be difficult to determine when an employer violates the law. This is why making sure you have an attorney you trust is so important. You must protect your rights as an employee and secure fair compensation for your injuries. It’s also extremely important to preserve any documentation and records that may indicate an employer’s basis for termination or adverse actions. These documents will serve as evidence for any kind of claim you make now and in the future. Be vigilant with your documentation and contact the law offices of Edward M. Bernstein & Associates in Las Vegas for quick help and advice.  Contact Edward M. Bernstein & Associates if You Need Help And Advice  If you’re unsure of the next step to take after an injury on the job, the experienced lawyers at Edward M. Bernstein & Associates are here to help. Whether you’re a construction worker, security guard, cab driver, or in another profession, you should get in touch with Edward M. Bernstein & Associates today for your free consultation by calling 702-240-0000.  We look forward to helping you get the fair and full compensation that you deserve! 


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.