QUESTION

I got hurt at work and had to have 24 stitches in my hand , Can they fire me for what they called "Grounds of Serious Injury"?

Asked on Jan 16th, 2013 on Labor and Employment - Nevada
More details to this question:
I got hurt at work had to have 24 stiches in my hand, I did not miss a minute of work, I went to ER on my time, and came back to work as normal and they already had my last check made out the next day and said that I was being fired due to disaplary actions, and the reason for me being fire is "Grounds on serios Injury". Can they do that and can I go after them for my Injury? I never heard of such thing.. and is there anything I can do?
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1 ANSWER

R. Christopher Reade
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

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