The Nevada Industrial Insurance Act [“NIIA”] covers injuries that arise out of and in the course of the injured claimant's employment. NRS 616C.150(1). You probably know NIIA by the title "workers compensation." If the nature of the work or the workplace contributes to or increases the risk of injury more than that of the general public, the injury is covered by the NIIA. The NIIA, with few exceptions, provides the exclusive remedy “for an employee on account of an injury by accident sustained arising out of and in the course of the employment.”
It is improper for an employer to terminate an employee for filing a workers compensation claim. In Hansen v. Harrah's, 100 Nev. 60, 675 P.2d 394 (1984), the Nevada Supreme Court recognized that at-will employment is subject to narrow exceptions founded upon strong public policy. While there is no express statutory exception, the Supreme Court determined that it could provide that exception because workmen's compensation laws reflect a clear public policy favoring economic security for employees injured while in the course of their employment and that such laws are to be interpreted to protect injured workers and their families. The Nevada Supreme Court held that not only is firing an employee for filing a workers compensation claim actionable in tort, but if the employee can show that the retaliatory discharge was malicious, oppressive or fraudulent conduct on part of employer, punitive damages can be awarded.
Answered on Jan 16th, 2013 at 1:44 PM