Las Vegas Work Injury Attorney

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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.

Why Hire Our Firm?

DiMarco | Araujo | Montevideo has more than 40 years of experience representing clients in civil claims.
We maintain close and direct communication with our clients and personally provide them with case updates as soon as they arise.
Our law firm offers free consultations so potential clients can determine their legal obligations with a professional with no obligation to hire our firm.
We offer contingency fee billing, which means we only take legal fees when we win a case, and we are transparent with all aspects of our billing practices with every client.

“Most lawyers don’t understand the interplay between workers’ compensation and third party claims, and that’s important to understand, and that’s where we excel.” – Partner John A. Montevideo

DAM firm legal team

How Can a Las Vegas Work Injury Attorney Help?

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 workplace accident attorney can coordinate with expert witnesses, handle insurance claim issues, and help an injured employee manage delayed or denied workers’ comp claims.

Common Workplace Accidents

Workplace injuries can occur due to a wide variety of accident scenarios in the workplace. Of course, every workplace has risks, but some are more dangerous than others. For example, construction workers typically face more obvious risks than those working in traditional office jobs. However, even individuals and seemingly “safe” occupations can still sustain workplace injuries or illnesses.

Some of the most common workplace accidents include:

Transportation incidents. Leading the charts in workplace hazards, transportation incidents encompass a range of accidents including roadway collisions involving motorized land vehicles, non-roadway incidents, and pedestrian vehicular incidents. These incidents are particularly prevalent among occupations that involve significant amounts of travel or the operation of heavy machinery.
Falls, slips, trips. Another significant contributor to workplace injuries, falls can occur on the same level due to slipping or tripping or from a higher level to a lower one. The risk is exacerbated in environments with uneven surfaces, poorly maintained workspaces, or where work at height is prevalent.
Contact with objects and equipment. Workers are at risk of being struck by moving or falling objects, getting caught in or crushed by equipment or other objects, and struck, caught, or crushed in collapsing structures or materials. These types of accidents underscore the importance of proper safety protocols and training in the handling of machinery and equipment.
Violence and other injuries by persons or animals. Incidents involving violence, whether from co-workers, criminals, or animals, can lead to serious injuries. This category includes both physical attacks and fatalities due to violence in the workplace.
Exposure to harmful substances or environments. Workers can also suffer injuries due to exposure to hazardous substances or dangerous environments, including toxic chemicals, extreme temperatures, and loud noises. These hazards necessitate rigorous adherence to health and safety regulations to protect workers’ well-being.

Who is Liable For Workplace Injuries?

Unlike other types of personal injury claims, determining liability is not always as important for a work injury claim. In general, every employee in Las Vegas is covered by workers’ compensation insurance. This is a no-fault insurance system, which means individuals can recover compensation regardless of how their work injury occurred and who caused the injury. It is not necessary to determine liability for a person to recover compensation, per state law.

However, there are some circumstances where fault does matter. Sometimes, individuals are able to file a personal injury lawsuit against a third party who may have caused the injury or a product manufacturer. In these cases, it is essential to have an attorney by your side to handle the claim so they can conduct a full investigation and determine the other party’s negligence.

What Will Workers’ Comp Benefits Cover

What Will Workers’ Compensation Benefits Cover?

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.

Coverage of Your Medical Bills

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:

Coverage of any emergency medical treatment (ER, hospital, emergency clinic)
Compensation for all hospital admittance costs
Coverage of follow-up doctor visits
Physical therapy and rehabilitation expenses
Prescription and over-the-counter medications
Medical devices and any necessary in-home care
The cost of transportation to and from medical visits

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 workplace accident claims.

Payment of Lost Wages

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 work accident, the insurance company 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.

Your Legal Options After a Work Accident

You may have heard that the only possible way to recover compensation after a work injury is through a workers’ compensation claim. Yes, the vast majority of work injury cases will find resolution through a workers’ comp benefit settlement. Typically, this includes coverage of all medical expenses as well as a portion of lost wages if needed. However, there may be other legal options available for individual victims after an injury occurs in the workplace. These other options could open up the possibility of a personal injury lawsuit filed in civil court against one or more parties. Some possibilities include:

Personal injury lawsuits due to employer negligence. When an employer or supervisor is aware of a workplace hazard yet fails to remediate the issue, leading to an injury, they can be held liable for negligence. The burden of proof lies with the injured worker to demonstrate that the employer had prior knowledge of the hazardous condition and neglected to address it in an adequate and timely manner.
Third-party liability claims. In instances where an external party is the cause of a work-related injury, the affected employee may pursue legal options beyond a workers’ compensation claim. For example, if a construction worker on a delivery route is injured in a collision caused by a driver who ignored traffic signals, the worker is entitled to file a workers’ compensation claim due to the incident occurring in the line of duty and may also initiate a lawsuit against the driver responsible for the collision.
Product liability claims for workplace injuries. Employees injured by defective equipment, machinery, or products in the workplace have the right to file product liability claims against the product’s manufacturers. Unlike negligence claims, proving fault in product liability cases does not require demonstrating negligence on the part of the manufacturer; rather, the plaintiff must prove that the product was inherently defective and that this defect directly led to their injuries.
Retaliation lawsuits. It is illegal for employers to retaliate against employees for filing workers’ compensation claims, a protection that includes any form of adverse employment action taken as a result of the claim. Retaliation by an employer constitutes a direct violation of employee rights, subjecting the employer to significant legal penalties. The act of filing for workers’ compensation is safeguarded under the law, thereby prohibiting employer sanctions against claimant employees.

Steps to Take After an On-The-Job Injury

Steps to Take if You Sustain an On-The-Job Injury

Individuals who sustain on-the-job injuries or illnesses can take various steps to help recover the compensation they need. This includes:

Reporting the injury. It is crucial for individuals to report the injury as soon as possible. In Nevada, the worker must notify their supervisor or employer of the injury or illness within seven days of the accident occurring, and they must file a claim for compensation within 90 days after the injury or illness or a diagnosis.
Seeking medical care. Workplace injury or illness victims must seek medical treatment as soon as they know they have been injured. This is a critical part of the process. Any delayed treatment in medical care could give the insurance carriers or the employer a reason to push back against the claim. Ideally, individuals will go to the doctor as soon as they know about an injury or illness caused by the workplace.
Gathering evidence. There may be various types of evidence that can be gathered related to the injury or illness. This can include taking pictures of any cause of the incident. Additionally, individuals should keep any documentation related to the injury or illness, including medical records, incident reports, and any other relevant information that could help bolster the claim.
Continuing medical care. Workplace injury or illness victims in Las Vegas should continue all medical treatments recommended by their doctor. This is critical. Workers’ compensation doctors will immediately report any individual that is not following their treatment program to the insurance carrier. Let the doctor determine when you have reached maximum medical improvement, which is the point where any further medical care is unlikely to improve the condition.
Follow claim procedures. It is important to follow any Nevada workers’ compensation claim procedures. This includes following all deadlines for filing the claim as well as for filing an appeal in the event your claim is denied or if you do not think you are receiving enough benefits.

Common Workplace Injuries in Las Vegas

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:

Lacerations or puncture wounds
Fractured or dislocated bones
Concussions or traumatic brain injuries
Spinal cord injuries with paralysis
Whiplash or other neck or back injury
Severe sprains or strains
Burn injuries
Internal bleeding or internal organ damage
Electrocution injuries

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:

Repetitive stress injuries
Respiratory illnesses or diseases
Cardiovascular diseases
Hearing and vision loss
Various types of occupational cancers

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 Las Vegas workplace accident.

Time Limits For Your Case

There are various time limits you need to be aware of for a work injury claim in Las Vegas.

The first time limit that is crucial for workplace injury victims to know is seven days. That is how long injury victims in Nevada have to report a workplace injury to their employer or a supervisor. If an individual does not know about an injury right away but later receives a diagnosis, they still have seven days from the date of diagnosis to notify their employer or supervisor. We strongly recommend that injury victims report any incident to their employer as soon as possible, preferably on the same day as the incident or diagnosis.

After reporting the injury or illness, that does not necessarily mean that a workers’ compensation claim has to be filed right then. Individuals officially have 90 days to notify a workers’ compensation insurance carrier of their claim. This 90 days starts from the day the incident occurs or from when the official diagnosis is made. Insurance carriers have 30 days from when they receive a claim to make a determination of acceptance or denial.

Injury victims have 90 days from the date of their injury or illness diagnosis to request a transfer of care to a workers’ compensation doctor of their choosing. However, the doctor chosen must already be on the insurer’s approved list.

There are other deadlines associated with workers’ compensation claims in Nevada. Specifically, if a claim is denied, there are hard deadlines in place for appealing the decision. We strongly recommend working with a skilled work injury lawyer who has a deep understanding of the workers’ compensation process in Las Vegas, Nevada.

There are various timelines in place for how long workers’ compensation benefits last in Nevada. Overall, individuals should be able to receive compensation for all of their medical bills until a physician determines that the injury victim has reached maximum medical improvement or MMI. This is the point at which a doctor determines any further treatment is unlikely to alter the patient’s recovery.

However, there are specific limitations to how long a person can receive disability benefits to assist with their lost wages if their injury prevents them from working. In Nevada, temporary total disability (TTD) is paid to a person who cannot resume normal work activities because of a job-related injury or illness. These benefits are payable for up to 104 weeks or until the condition is resolved. If individuals sustain a permanent disability, they may be entitled to permanent total disability benefits.

Taking Legal Action Beyond Workers’ Compensation

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 in Las Vegas 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 third-party product liability claim against the manufacturer. There are several possible opportunities for legal action beyond a workers’ compensation claim, and a Las Vegas workers’ compensation lawyer from our firm can help you navigate their grounds for legal recourse.

Las Vegas Work Injury Attorneys

Consult With a Work Injury Attorney in Las Vegas Today

If you need to file a product liability claim, a personal injury claim for an intentional tort, or a third-party claim regarding your Las Vegas 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.

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