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Nevada Injury and Workers' Comp Law Firm, Henderson Nevada
(702) 360-5000
When Someone Else Caused Your Work Injury

Reno Third-Party Work Injury Lawyer

If a careless driver, another company's crew or a failed machine hurt you on the job, Nevada lets you pursue them for the full harm while your workers' comp keeps paying. Up north that usually means I-80, US-395 and the shared sites out at the TRIC. We look for that second case on the first call.

  • Full lost wages and pain and suffering, beyond what comp pays
  • No fee unless we win your case
  • Free, confidential review, available 24/7
  • The comp claim and the lawsuit handled together

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Workplace Injury Lead

Hurt On The Clock By Someone Who Isn't Your Employer

The pattern is the same every time: hurt while working, so comp applies, and hurt by an outsider, so a negligence case applies too. What changes is who the outsider is. These are the shapes it takes around Reno, Sparks and the TRIC.

The TRIC Dock

A dock worker at the Tahoe Reno Industrial Center is struck by an outside trucking company's rig backing in. Comp from the employer, and a case against the carrier.

Between Client Visits

A sales rep is T-boned on US-395 while driving between appointments. Comp because she was working, and a crash case against the other driver.

The Downtown Scaffold

A casino maintenance tech in downtown Reno is hurt on a scaffold an outside contractor put up badly. Comp, plus a claim against the scaffold company.

The I-80 Work Zone

A road crew worker is clipped by a speeding driver in an I-80 work zone. Comp, plus a serious negligence case against the motorist.

The Sparks Plant

A line worker is hurt when a machine's guard fails. Comp, plus a product case against the company that made the machine.

The Delivery Route

A delivery driver running a route off USA Parkway is hit by another driver. Comp covers the treatment, and the at-fault driver owes the rest.

Comp Covers You, And The Outsider Still Owes You

Nevada's comp system takes away your right to sue your own employer, which is the deal written into NRS 616A.020, but it never protects the outside world. NRS 616C.215 preserves your case against anyone outside your employment who caused the injury, and it's built for doing both at once. Who counts as an outsider on a shared site, and how the comp insurer gets repaid at the end, both have rules of their own, and our statewide third-party claims guide covers them in full.

★★★★★

Erik was extremely professional, knowledgeable and patient. Whether it was by email or phone, he always was there to field my numerous questions and concerns. Thank you.

A driver holding a phone at the wheel

A Crash On I-80 Or US-395 While You're Working Brings A Second Claim

Transportation incidents killed 8 Nevada workers in 2024, nearly a quarter of the state's 33 workplace deaths. In the north the miles add up fast: freight on I-80, the run down US-395 to Carson City, service calls across the Truckee Meadows, and winter roads that turn a routine trip into a pileup.

If you were driving for work, making a delivery, running an errand for your employer or traveling between job sites when someone hit you, comp covers you and the at-fault driver owes a full injury claim on top. The ordinary commute usually falls outside comp, because Nevada follows the going and coming rule, but the crash can still be its own car accident case. When the other driver carries too little insurance, underinsured motorist coverage can fill part of the gap.

Carson City For The Comp Side, District Court For The Lawsuit

The comp claim is an administrative matter. Written notice to your employer goes in within seven days on the C-1 form, the C-4 claim within 90 days, and any dispute runs through the Nevada Department of Administration's hearing system, which serves the north out of Carson City. A Hearing Officer looks at it first and an Appeals Officer after that.

The third-party case is an ordinary civil lawsuit with a longer clock, generally two years from the injury under NRS 11.190. For many Reno and Sparks injuries it's filed in the Second Judicial District Court, the Washoe County court at 75 Court Street in Reno, though the right court depends on the companies you're suing. An injury at the TRIC happened in Storey County, which can change that. Before the lawsuit is filed, NRS 616C.215 requires written notice to the comp insurer, and getting that step wrong can complicate an otherwise clean recovery. Our Carson City workers comp page covers the hearing side in more detail.

What The Comp Insurer Gets Back Under The 2025 Rules

The comp insurer pays your benefits now and then holds a lien on what you recover from the third party. Senate Bill 258, signed May 31, 2025 and effective immediately, capped that lien at one third of your total recovery or the benefits actually paid, whichever is less, and cut it further by half of your verified litigation costs. Your future medical benefits for the accepted injury can't be offset against the recovery, and any offset against future wage checks is capped at a third of each payment.

After a settlement, the insurer receives its share with a full breakdown within 15 days. The rules apply to cases that weren't already final when the law took effect, so a worker with a pending claim may be owed better math than the first lien letter showed. The statewide guide walks through a worked example.

The Proof Starts Disappearing The Day You're Hurt

A third-party case lives or dies on evidence, and most of it belongs to people with no reason to keep it. The machine gets repaired or scrapped. The other company's crew rotates off the job. The truck's camera footage and telematics get overwritten on a schedule nobody tells you about.

So that's the first thing we chase. We move to lock down the equipment before it's altered, along with its maintenance and inspection records. We pull the contracts that show which company controlled the area where you were hurt, request any Nevada OSHA citation, and track down every worker and vendor who was near you. For a serious injury like a traumatic brain injury, we also make sure the medical record ties the harm cleanly to the accident from the first visit. If you want to start with the paperwork you already have, send it to us.

★★★★★

We were very pleased with the kind and understanding way our problems were addressed and handled by Erik. All process's were clearly explained and then handled in a most professional manner. Erik has followed up and made sure all loose ends were complete.

Third-Party Claim Questions From Northern Nevada

Who Counts As A Third Party On A Northern Nevada Job?
Anyone responsible for your injury who isn't your employer or someone in the same employ as you. That usually means another company's crew, the maker of a machine that failed, a driver who hit you while you were working, or a property owner who left a hazard in place. The trap is that on some shared projects Nevada treats certain contractors as being in the same employ, which can protect them. Our statewide third-party claims guide explains where that line falls.
I Was Rear-Ended On I-80 While Driving For Work. How Many Claims Is That?
Usually at least two, and sometimes three. Comp covers your treatment and part of your wages no matter who caused the crash. The negligence claim runs against the at-fault driver, the same as any Nevada car accident case, and if a big rig was involved our truck accident page covers what changes. When that driver is uninsured or underinsured, the uninsured and underinsured motorist coverage on your own policy, or sometimes your employer's fleet policy, can become a third source.
Does Suing The Other Company Stop My Comp Checks?
It doesn't. Your treatment and wage checks keep coming while the lawsuit moves, and a pending third-party case never pauses them. The two systems only meet at the end, when the comp insurer gets repaid part of what it advanced out of your recovery. Comp keeps you going now, and the lawsuit goes after everything comp won't pay, like pain and suffering and the rest of your lost income.
Where Would My Lawsuit Be Filed Up Here?
Often in the Second Judicial District Court, the Washoe County court at 75 Court Street in Reno, though the right court depends on the companies you're suing. An injury out at the Tahoe Reno Industrial Center happened in Storey County, which can put the case in a different district court. The comp side never goes to that courthouse at all. Northern comp disputes run through the state hearing system in Carson City.
Will I Have To Pay The Comp Insurer Back?
Some of it, but far less than under the old rules. Since Nevada's 2025 reform took effect on May 31, 2025, the comp insurer's lien on your recovery is capped at one third of the total or the benefits it actually paid, whichever is less, and it shrinks further by half of your verified litigation costs. You keep at least two thirds of what you win. The statewide guide works through an example with real numbers.
The Driver Who Hit Me Had Little Or No Insurance. Is There Anything Left?
There often is. Uninsured and underinsured motorist coverage exists for exactly this, and it can sit on your own auto policy or sometimes on your employer's fleet policy. Comp still covers your treatment and part of your wages either way. Bring us the crash report and every policy you can find, and we'll map what's in play before anyone signs anything.
When Does The Two-Year Clock Start?
For most third-party injury lawsuits, generally on the day you were hurt, under NRS 11.190. A product claim over a defective machine can run from when you knew, or reasonably should have known, that a defect caused the injury. Your comp claim has its own much shorter clocks, seven days for written notice to your employer and 90 days for the C-4 claim form, so don't let the longer deadline lull you on the shorter ones.
Can I Still Sue If I Was Partly At Fault?
In most cases you can. Nevada uses modified comparative negligence under NRS 41.141, so you can recover as long as you weren't more than 50 percent at fault, with the award trimmed by your share. Comp doesn't weigh fault at all, apart from narrow exceptions like intoxication. An adjuster saying the accident was your fault is an opening position, not a ruling.
The Other Company's Insurer Wants A Recorded Statement. Should I Give One?
Not before you've talked to a lawyer. The outside company's insurer isn't on your side, and a recorded statement given while you're hurt and on medication tends to get quoted back later. The same goes for any quick release they offer. Tell them you'll have someone get back to them, then call us at (702) 360-5000.
What Does A Third-Party Case Cost Me Up Front?
You pay no fee up front, and no fee at all unless we recover for you. Costs like filing fees and medical records are separate from the fee and can still fall to you, so we go over both in plain language before anything moves. Handling the comp claim and the lawsuit together matters here, because the insurer's lien and the notice rules can quietly cut into what you keep when nobody is watching both. The first conversation is free and confidential. Hablamos Español.

Tell Us Who Else Was Involved

Tell us what happened and which companies or drivers were part of it. We'll tell you whether there's a third-party case next to your comp claim and what both would take. Related reading: our Reno workers comp page, the northern construction accident page, the northern warehouse and forklift page, client reviews, and who we are. Or reach us through the contact page.

Free Case Review

Tell us what happened and we will call you back.

100% Confidential • No Obligation • No Fee Unless We Win

Your information is kept confidential. See our Privacy Policy. Contacting us does not create an attorney-client relationship.

We've Got Your Details

Someone from our team will call you shortly. For immediate help call (702) 360-5000.

Reviewed by

Ida Ybarra, Attorney at Law

The firm's Workplace Injury Lead. Licensed in Nevada since 2008 (State Bar of Nevada #11327), and also licensed in California and Washington. Over 17 years focused on workers' compensation and workplace injury, including multi-state work-injury jurisdiction.

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