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What is the Time Limit For Filing a Nevada Work Injury Claim?

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Posted By DAM Firm | March 4 2024 | Nevada, Workers' Compensation

Most individuals who sustain workplace injuries or illnesses are able to recover compensation for their losses. Workers’ compensation insurance provides this protection. However, work injuries and illnesses must be reported in a timely manner. There are a few reporting deadlines regarding work injuries in Nevada that you need to be aware of, and we strongly encourage you to speak to an attorney if you have any questions about your particular case.

What is the Time Limit For Filing a Nevada Work Injury Claim

Reporting Your Injury to Your Employer

The first deadline for reporting workplace injuries revolves around letting the employer know what happened. Under Nevada law, employees should notify their employer of the injury or illness within seven days after the incident occurs or within seven days from when the employee knows or should have known about the injury.

We encourage workplace injury victims in Nevada to report the injury to a supervisor or their employer quickly, even the same day the incident occurs, if possible. Reporting the injury helps ensure the short seven-day deadline does not get missed, leading to a claim delay or denial.

Nevada Workers’ Compensation Statute of Limitations

The initial seven-day reporting time frame is different from the actual workers’ compensation statute of limitations in Nevada.

State law requires that injury victims file the workers’ compensation claim within 90 days from when the incident occurs or from when the individual knew or should have known about the injury. Failing to file a workers’ compensation claim within this 90-day time frame will likely result in the claim getting dismissed or, at the very least, significantly delayed.

Even though filing an injury claim within these two separate deadlines may seem entirely reasonable, there are various complications that can arise that affect a person’s ability to promptly report the injury.

How Long Does It Take for a Claim to Get Approved?

After receiving a report of an injury, the process of getting a claim approved does not usually take too long. Insurance carriers have 30 days after receiving notification of an accident to make a determination. Within these 30 days, the insurance carrier must:

  • Accept the claim and notify the claimant of the acceptance
  • Began payment for the claim
  • Deny the claim and notify the claimant of the denial

What if You Need to File a Lawsuit?

Most workers’ compensation claims get resolved through settlements with the insurance carrier. In limited circumstances, a work injury victim may be able to file a personal injury lawsuit against an alleged negligent party. If this is necessary, the injury victim must file their claim in civil court within two years from the day the injury occurs. Failing to file the claim within this time frame will almost certainly result in the injury victim becoming unable to receive compensation.

Should You Call a Work Injury Lawyer?

Not every work injury victim will need assistance from an attorney to receive the compensation they are entitled to. However, if you run into any difficulties with your claim, we strongly encourage you to reach out to a work injury lawyer in Las Vegas who can help you through this process. If you have any concerns about ensuring your claim gets filed on time, you should reach out to an attorney sooner rather than later. Your lawyer will be familiar with the work injury reporting deadlines and help ensure your claim gets filed promptly.

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