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Nevadas exclusive remedy law prevents an injured worker from filing a lawsuit against a properly insured employer, except under certain circumstances.
What is exclusive remedy? Exclusive remedy means that an injured employee, generally, cannot sue an employer, for work- related injuries if the employer has purchased workers compensation insurance as required by Nevada law. What benefits are provided under exclusive remedy?
Dual capacity. The dual capacity exception recognizes the fact that employers may have multiple duties towards their employees whether based on common law or statute. Fraudulent concealment. Employer assault or ratification. Power press. Uninsured employer. Conclusion.
Light Duty Work: If your employer offers you a light duty position that is in line with your medical restrictions, then you must take the work and are not eligible for wage replacement benefits. Your employer is not required to offer light duty work.
Exclusive remedy is a workers comp provision that prohibits injured employees from suing their employer if they are receiving workers comp benefits.
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