Our attorneys have been assisting the Clark County
community for over 35 years.
Sustaining a workplace injury can lead to significant setbacks, but individuals are typically able to recover compensation. The workers’ compensation system in Nevada is robust, but there are times when claims get denied. This can lead to significant challenges for an injured worker. Here, we want to discuss how to appeal a denied workers’ compensation claim in Nevada.
The first step in appealing a workers’ compensation claim denial in Nevada is to file a formal appeal with the Nevada Department of Administration’s Hearings Division. This appeal must be filed within 70 days of the denial. You can also file an appeal if the insurance carrier for your employer fails to respond within 30 days to a letter from you or your attorney objecting to an action that the insurance company takes.
Once your appeal is filed, a hearing will be scheduled. This hearing will be conducted by an administrative law judge who will review the evidence and make a decision. The request for a hearing includes information about the claimant, employer, what is being appealed, why the appeal is necessary, as well as information about legal teams and insurance carriers. The hearing will be set within 30 days of receiving the request.
To prepare for the hearing, gather all relevant evidence, including medical records, witness statements, and any other documentation related to your injury and the denial of your claim. We strongly encourage you to work with a skilled Nevada workers’ compensation attorney who has experience handling these cases. Your lawyer can handle the process of gathering evidence. umm
Attend the hearing and present your case to the administrative law judge. You may also have the option to bring witnesses or expert testimony to support your case. This is an informal process, and the injured individual and a representative from the insurance carrier can either attend the hearing in person, attend by phone (there needs to be a one-week notice), or submit a written position statement instead of appearing in person.
The administrative law judge will issue their decision after the hearing. If the decision is in your favor, you will receive benefits as outlined in the decision. If the decision is not in your favor, you may have the option to appeal further.
If the administrative law judge’s decision is not in your favor, you may have the option to appeal further to the Nevada Supreme Court. However, this option should only be considered with the advice of an experienced workers’ compensation attorney in the Las Vegas area.
Understanding the appeals process for a workers’ compensation claim in Nevada can be incredibly challenging. We encourage you to reach out to a skilled Las Vegas work injury lawyer for help as soon as possible if you suspect you will have trouble recovering the compensation you need. These claims can become incredibly challenging, but an attorney will know this process and work to help prove your injury and handle all administrative processes and hearings on your behalf.