What is NOT Covered By Workers’ Compensation?

If you or somebody you care about has been injured on the job in Las Vegas, you will likely be able to recover specific workers’ compensation benefits. In general, this will include coverage of any medical expenses you incur as a result of the workplace injury, as well as lost wage replacement if you are unable to work while we’re covering. However, there are situations where workers’ compensation benefits will not be available.

These Situations Likely Mean NO Workers’ Compensation Coverage

The following are situations where a person is unlikely to recover workers’ compensation benefits according to Nevada law:

1. Injuries caused by illegal activities. If the employee’s injury is a result of engaging in illegal activities at the workplace, it will not be covered.
2. Injuries due to drug or alcohol use. Injuries sustained while an employee is under the influence of illegal narcotics or alcohol, where intoxication is the cause of the injury, are generally not covered.
3. Intentional self-inflicted injuries. Injuries that an employee intentionally causes to themselves are not eligible for coverage.
4. Violations of company policy. Injuries occurring while an employee is violating company policies, procedures, or protocols are not covered.
5. Injuries sustained during commute. Injuries that happen while commuting to and from work are typically not covered unless the commute is a part of the employee’s contractual job duties.
6. Horseplay or fighting at work. Injuries resulting from horseplay or fighting in the workplace generally do not qualify for workers’ compensation.
7. Injuries outside the scope of employment. This includes injuries sustained during personal time, such as lunch breaks, or while engaging in activities that do not further the employer’s business.
8. First aid treatment only. Minor injuries that are completely remedied by first aid treatment and do not require further medical intervention are usually not covered.
9. Stress and mental health conditions. While some states cover mental health conditions related to work, stress alone, without accompanying physical injury or psychiatric condition, might not be covered.
10. Lack of medical evidence. Claims lacking sufficient medical evidence or documentation supporting the work-related nature of the injury may be denied.
11. Unreported or late-reported injuries. Injuries not reported within the specified time frame set by the state’s workers’ compensation laws are typically not eligible for benefits.
12. Loss of consortium claims by family members. Workers’ compensation does not cover claims made by family members for loss of consortium due to an employee’s work injury.

Pain and Suffering Is Not Covered

Individuals will not receive compensation for physical or emotional pain and suffering damages through a workers’ compensation claim. State law does not mandate payment for this type of injury.

However, in the event that you are able to file a separate personal injury claim against an allegedly negligent party, you may be able to recover pain and suffering damages as a result of the case. 

Do You Need An Attorney for Help?

If you or somebody you love has sustained a workplace injury but have been denied workers’ compensation coverage, we encourage you to reach out to an attorney today. A workers’ compensation lawyer in Las Vegas can examine the facts of your claim and help guide you toward the best path for recovering the compensation you need.