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Every year, thousands of employees suffer injuries in the workplace. A work-related injury may give an employee grounds for a workers’ compensation claim, but there are limits to how much workers’ compensation will cover, and an employee’s damages from a work accident may exceed what the workers’ compensation system provides. If you or a loved one suffered a work injury and encountered issues with a workers’ compensation claim or believe you have grounds for additional legal action against your employer, contact DiMarco | Araujo | Montevideo today to schedule a free case evaluation with a Las Vegas work injury lawyer.
Generally, an employee who files for workers’ compensation surrenders the right to sue his or her employer. However, there are a few exceptions that could cause an employer or another party to bear liability for a work injury. An attorney can help navigate these often-complex issues and help a client in various other ways, too.
A work injury claim may require expert witness testimony from a medical professional who can report the plaintiff’s medical condition and future prognosis in a way a jury can understand. A safety expert may testify as to the employer’s workplace safety policies and the physical elements of a work accident. A Las Vegas attorney can coordinate with expert witnesses, handle insurance claim issues, and help an injured employee manage delayed or denied workers’ compensation claims.
If you sustain a work injury in Las Vegas or the surrounding areas, you should be able to recover compensation, but what types of compensation benefits will you receive? In general, individuals will be eligible for coverage of their medical bills and a major portion of their lost wages after an on-the-job injury occurs.
Workers’ compensation benefits are primarily designed to ensure workers receive the medical treatment they need after an on-the-job injury or illness occurs. The good news is that workers’ comp in Nevada does pay all necessary medical bills in these situations. This includes, but is not limited to, the following:
This is not necessarily a complete list of the type of injuries covered by workers’ comp in Nevada. If you have any questions about what payment you should receive, you can speak to your insurance carrier or reach out to a skilled Las Vegas work injury lawyer who has experience handling these accident claims.
There are various types of disability benefits available if an individual is unable to return to work as a result of their injury or illness. If a person cannot work for at least five consecutive days or five days within a 20-day period, or if the employer cannot make reasonable accommodations for the person’s disability, the individual will likely receive temporary total disability benefits (TTD). This will cover two-thirds of a person’s average weekly wage.
Individuals will continue to receive TTD benefits until their doctor says that they are able to return to work, until the employer can make reasonable accommodations for their disability, or until a doctor determines that there has been a permanent disability and a person has reached maximum medical improvement.
In the event an individual has been permanently partially disabled from the accident, the insurance carrier will schedule an appointment with a medical professional to determine the total level of disability. The total compensation the individual receives will have to do with their percentage of disability.
In Las Vegas, individuals can sustain a wide range of workplace injuries. This is a vibrant area filled with workers from all types of occupations. This includes those who work in hotels and entertainment venues, as well as those who handle construction, janitorial workers, office workers, and more. Some of the most common types of injuries that our attorneys help clients with include the following:
It is not uncommon for individuals to think about visible traumatic injuries that occur as a result of on-the-job duties. However, there are times when individuals sustain injuries that are not the result of immediately visible trauma and accidents. Our team also works to recover compensation for those who have sustained the following:
These types of occupational injuries and diseases often occur over longer periods of time, and it can be more difficult to pinpoint the injury or illness in the workplace. However, prolonged exposure to hazardous or repetitive conditions often leads to these types of workplace injuries. If you have any questions about whether or not you should receive workers’ compensation benefits in Las Vegas, we encourage you to reach out to a skilled work injury attorney as soon as possible. A lawyer can investigate every aspect of your claim, help pinpoint the cause of the injury or illness, and work with insurance carriers to recover the compensation you are entitled to after your accident.
Individuals who sustain on-the-job injuries or illnesses can take various steps to help recover the compensation they need. This includes:
There are only certain scenarios that afford an injured worker the opportunity to take legal action beyond workers’ compensation benefits. If an employer committed an intentional tort against the employee, such as an assault or intentional creation of the hazard that caused the employee’s injury, the employee could seek legal action against the employer outside workers’ compensation. If a third party, like a negligent driver, caused the employee’s injury, the employee could pursue a third-party personal injury claim against the at-fault driver.
Some employees must work with potentially dangerous tools and machinery. If a product manufacturer released a dangerous or defective product that caused the employee’s injury, the employee may have grounds for a product liability claim against the manufacturer. There are several possible opportunities for legal action beyond a workers’ compensation claim, and our Las Vegas workers’ compensation attorneys can help a client navigate their grounds for legal recourse.
If you need to file a product liability claim, a personal injury claim for an intentional tort, or a third-party claim regarding your work injury, it is essential to hire an attorney to represent your interests and build a strong case. An attorney can help an injured employee obtain compensation for his or her medical expenses, pain and suffering, and other damages. Contact DiMarco | Araujo | Montevideo today to schedule a free consultation with a Las Vegas work accident lawyer and learn more about your legal options.