In Nevada, it is illegal to fire employees for filing workers’ compensation claims. This does not mean retaliation never happens, especially in high-pressure industries such as casinos, hotels, and restaurants where workplace injuries are common. Employers sometimes try to disguise retaliation as layoffs, performance problems, or policy violations.
If you have been fired for filing a workers’ compensation claim, an attorney can help. Call George Bochanis Injury Law Offices at (702) 388-2005 in Las Vegas.
Can Nevada Employers Fire You for Filing a Workers’ Compensation Claim?
In Nevada, your employer is required to carry workers’ compensation insurance for employees in nearly all industries. At the same time, Nevada is an at-will employment state, and employers generally can fire workers for almost any reason or no reason at all.
However, one exception is retaliation for protected activities, such as filing a workers’ comp claim. Employers cannot legally terminate, demote, harass, or discipline you because you were hurt at work or pursued benefits to which you were entitled. Employers cannot:
- Fire you because you filed a workers’ comp claim
- Fire you because you plan to file a claim
- Threaten you, reduce your hours, or change your schedule as punishment
- Force you to return to work before your doctor clears you
- Retaliate if you are eligible for workers’ compensation and file for benefits
However, employers can terminate workers for legitimate, non-retaliatory reasons, even if the employees have active claims. This is where things get complicated. Employers sometimes claim business downsizing, poor employee performance, violation of company policy, or misconduct unrelated to the injury.
If the timing seems suspicious, such as being fired soon after filing a claim or returning from light duty, it may indicate unlawful workplace retaliation in Nevada.
Why Las Vegas Workers Face Unique Challenges
About 1,237,110 people work in the Las Vegas area. Employees in casinos, hotels, bars, nightclubs, and commercial kitchens often report higher injury rates due to slippery floors, heavy lifting (housekeeping carts, luggage, supplies), repetitive motions (dealers, card shufflers, housekeepers), security-related incidents, and long shifts.
Employers may view these workers as “replaceable,” which sometimes leads to inappropriate retaliation against injured employees. If you suspect your employer used your injury as an excuse to push you out, document everything and consider talking to a workers’ comp attorney quickly.
What Legal Protections Prevent Retaliation Against Injured Nevada Workers?
Several laws protect Nevada workers to ensure they can report injuries and pursue workers’ compensation benefits without fear.
Nevada Revised Statutes 616D.120: Forbids Retaliation
This statute makes it illegal for employers to discharge, coerce, intimidate, or harass employees who file or attempt to file workers’ compensation claims. Employers also cannot discriminate against these employees and cannot retaliate because you testify, assist, or participate in another employee’s claim.
Nevada Revised Statutes 616C.560: Rights of Injured Workers
This law ensures workers have the right to medical treatment, lost wage benefits, and compensation for permanent injuries. If you are eligible for workers’ compensation, you can file a claim without needing permission from your employer.
Employers cannot block you from filing, threaten you, discourage you from reporting an injury, or claim the injury is “not that serious” to avoid filing a report.
Protection for Seeking Light Duty or Modified Work
If your doctor restricts you from certain duties, your employer cannot fire you simply because you cannot return to full duty immediately. Employers may offer light duty, though.
Protection Against Forced Return-to-Work
If a doctor has not cleared you, your employer cannot demand that you return early. Forcing an unsafe return-to-work can be evidence of retaliation.
Americans with Disabilities Act and Nevada Anti-Discrimination Laws
If the injury results in temporary or permanent disability, you may be entitled to reasonable accommodations, schedule adjustments, modified tasks, and assistive equipment. Employers cannot fire you for requesting accommodations related to a workplace injury.
Protection If You Get a Second Job
Some employers try to retaliate by accusing injured workers of fraud if they take a second job while on modified duty or temporary partial disability. However, Nevada law allows you to get a second job under certain conditions. You must respect your medical restrictions, disclose required information to the insurer, and avoid tasks that could worsen your injury.
When Should You Contact a Workers’ Compensation Attorney After Suspected Retaliation?
Timing is one of the most powerful indicators of retaliation. Consider speaking with a workers’ compensation attorney if:
You Were Fired Shortly After Filing a Claim
If your termination happened days, weeks, or even a few months after you filed your Nevada workers’ compensation claim, your attorney can examine whether the employer’s stated reason is legitimate or a false excuse to hide unlawful retaliation.
You Got Sudden Write-Ups or Negative Evaluations
A clean work record pre-injury followed by sudden disciplinary action post-injury is a common retaliation pattern. For example, your employer may accuse you of misconduct based on old policy violations, a violation of safety rules, or dishonesty about your injury. A workers’ compensation attorney can investigate whether these accusations are lies.
Your Employer Refuses to Accommodate Restrictions
If your doctor placed you on light duty, limited lifting, reduced hours, or no standing or repetitive motion, and your employer refuses to honor those restrictions, this may signal unlawful behavior.
Your Employer Demoted or Reassigned You, or Reduced Your Hours
Indirect retaliation may occur by employers cutting hours, changing shifts, assigning undesirable duties, reducing tips, or transferring workers to physically harder tasks. Your workers’ compensation attorney can help determine whether these changes violate Nevada law.
You Were Pressured to Drop or Avoid Filing a Claim
Statements such as these are red flags and are one way employers may pressure you to not file a claim or drop one you already filed.
- “We don’t file claims for injuries like this.”
- “Just use your sick days instead.”
- “Workers’ comp claims look bad for us.”
- “Don’t make this official. Just rest for a bit.”
You Feel Unsafe, Threatened, or Harassed
Retaliation does not always mean being fired for filing a workers’ compensation claim. It can include hostile comments, coworkers being instructed to “watch” you, being treated as a burden, or sudden removal from work groups or communication.
If you feel threatened or harassed, or your termination was unlawful, you may have separate claims for wrongful termination, retaliation, disability discrimination, lost wages and benefits, and compensation for emotional distress.
Being fired for filing a workers’ compensation claim is illegal, yet many Nevada employees deal with this reality. Contact us at George Bochanis Injury Law Offices for help in Las Vegas.
FAQs About Being Fired for Filing a Workers’ Compensation Claim
What Counts as Employer Retaliation After Filing a Workers’ Compensation Claim in Nevada?
Any firing, demotion, reduction in hours, harassment, intimidation, schedule changes, or refusal to accommodate restrictions linked to your injury or claim is likely retaliation.
Can I Sue My Employer if I Was Fired for Filing a Workers’ Comp Claim?
You may have a wrongful termination or retaliation lawsuit in addition to your work injury claim.
What Evidence Helps Prove Wrongful Termination Related to a Workers’ Compensation Case?
Useful evidence includes emails, performance records, witness statements, timing of the termination, policy inconsistencies, and any documentation showing how you were treated differently after filing your claim.
