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★ Nevada · workplace

Workplace settlements
in Nevada.

By Reviewed by Abd Shanti, Founder9 min read

If you were hurt at work in Nevada and someone other than your employer was to blame, you can sue them, but the workers’ compensation insurer is repaid first. Since 2024 that repayment reaches every part of the recovery, including money for pain and suffering.

Facts that decide a workplace claim in Nevada

The insurer’s lienAn insurer that paid benefits has an interest in the worker’s recovery from a third party.NRS 616C.215(5); AmTrust v. Vasquez (Nev. 2024)
Lien reaches pain and sufferingThe lien applies to the total proceeds, including amounts allocated to noneconomic damages, without deducting the worker’s legal fees and costs. The Supreme Court overruled the older Breen formula and part of Poremba.AmTrust v. Vasquez (Nev. 2024)
No need to join the suitThe insurer does not have to intervene in the worker’s third party case to recover on its lien.AmTrust v. Vasquez (Nev. 2024)
Deadline for the third party suitTwo years from the injury.NRS 11.190(4)(e)
Products claimsA worker hurt by a defective product, including a large installed fixture such as a casino sign, may bring a strict products liability claim against its maker.Schueler v. Ad Art (Nev. App. 2020)
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★ NV · reported workplace outcomes

What Nevada courts have awarded.

Real Nevada decisions and verdicts, each linked to the court record or official report.

  • AmTrust North America v. Vasquez
    Nevada Supreme Court · 2024
    $177,335.59 in benefits; $400,000 third party settlement

    A restaurant worker slipped in a puddle and received $177,335.59 in compensation benefits. He settled his third party claims for $400,000 and allocated $316,422.78 to general damages. The Supreme Court held the insurer’s lien reaches the whole recovery, including the general damages, and reversed.

  • Schueler v. Ad Art
    Nevada Court of Appeals · 2020
    Summary judgment for the sign maker reversed

    A worker was seriously injured while servicing the MGM Grand sign on a 150 foot steel pylon and sued the company that designed and built it. The trial court held the sign was not a product. The Court of Appeals reversed, holding large signs like this can be products for strict liability.

★ NV · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Nevada.

  1. 1

    Count the lien before you settle. After AmTrust, allocating most of a settlement to pain and suffering no longer shields it from the insurer. In Vasquez, $316,422.78 of a $400,000 settlement was labelled general damages, and the insurer’s $177,335.59 lien still reached it.

  2. 2

    Look beyond the employer for a third party. Schueler’s employer was immune, but the company that built the sign he was servicing could be sued in strict products liability, which does not require proof of negligence.

  3. 3

    The third party suit still runs on the ordinary two year deadline, separate from the compensation claim, so start it early.

★ NV · statute of limitations
2 years for personal injury; 3 years for medical malpractice

Nev. Rev. Stat. § 11.190

★ NV · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ NV · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Nevada.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Nevada's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Nevada · you are hereModified comparative, 51% bar2 years for personal injury; 3 years for medical malpractice—
OregonModified comparative, 51% bar2 years from date of injuryOR · workplace →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace →
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
WyomingModified comparative, 51% bar4 years from date of injuryWY · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · workplace →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · workplace →
OhioModified comparative, 51% bar2 years from date of injuryOH · workplace →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · workplace →
New MexicoPure comparative negligence3 years from date of injuryNM · workplace →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · workplace →
★ NV · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in Nevada? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of NV
Nevada overview

Fault rule, statute, caps, and key facts for Nevada as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Nevada. See /methodology, /sources, and /disclaimer.