Workplace settlements
in Nevada.
Nevada applies modified-51 comparative fault with a medical-malpractice non-economic cap rising on a phased schedule from $430k (2024) to $750k (2028) under AB 404. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Nevada's modified comparative — 51% bar and any applicable statutory cap.
Nevada applies modified comparative negligence with a 51% bar. A workplace claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability workplace cases where the comparative-fault split is close to even.
Workplace injuries in Nevada run on a parallel track to general tort recovery: workers' compensation is the primary remedy against the employer, with third-party tort claims (against a contractor, equipment manufacturer, or non-employer driver) layered on top. Nevada's caps (medical malpractice cap) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.