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At DiMarco | Araujo | Montevideo in Nevada, our Las Vegas workers’ compensation lawyers are dedicated to helping injured workers get the monetary compensation and benefits they deserve. Workers’ compensation benefits exist to relieve the financial strain of a workplace injury. When an employee suffers any type of injury at work, workers’ compensation can provide coverage for necessary medical expenses and weekly benefit payments for lost wages from time spent out of work and in recovery.
However, the claims process and potential for complications mean that an injured Las Vegas worker should consider hiring an attorney to handle a workers’ compensation case. Contact us today at (702) 466-1492 if you need to file for workers’ compensation or encounter any difficulty filing a legitimate workers’ compensation claim in Las Vegas.
The workers’ compensation claim system can be complex, and missing a filing requirement or deadline could jeopardize a claimant’s ability to secure workers’ compensation benefits. Some employers may also push back against a claim or take negative actions against an employee for filing a legitimate workers’ compensation claim. Some claimants may have grounds for additional legal action for recovery beyond what workers’ compensation offers. An attorney can help navigate these issues, strengthen an injured employee’s initial claim, and help an injured employee navigate any necessary appeals regarding his or her claim.
If you sustain an on-the-job injury, there are various steps that you can take to help ensure that you receive the workers’ compensation benefits you are entitled to. These steps include:
There are specific procedures that you must follow in order to file a Nevada workers’ compensation claim. You are required to complete all forms and follow all procedures within the required deadlines in order to have a valid claim.
In the state of Nevada, workers’ compensation claims commence when the injured employee sends a C-4 Form, Employee’s Compensation Report of Initial Treatment to the employer’s insurance carrier. The injured worker will have to fill out a section of this form when they initially visit a health care provider for treatment for their injury.
The doctor who provides treatment will then finish filling out this form and send it to the employer and the insurance company within three working days after treatment. A completed version of this entire form must be submitted within 90 days from the day the injury occurs or from when an individual first discovered the injury or occupational illness.
After an injured employee has submitted the C-4 form, the workers’ compensation insurance carrier has 30 days to accept or deny the claim. The insurance company will send a letter within this timeframe letting you know their decision and the reasoning behind their decision. The letter will also contain information about how to appeal the decision if you disagree.
If the insurance company denies the claim or only accepts a portion of it, you can turn to a skilled Las Vegas workers’ compensation attorney who can help you file an appeal and recover the benefits you are entitled to.
When we examine information available from the US Bureau of Labor Statistics (BLS), we can see that there were approximately 2.7 million non-fatal workplace injuries or illnesses reported during the latest year of data available. Workplace injuries are not uncommon, and they can occur in any type of work environment. Injuries and illnesses range in severity, and some of the most common workplace incidents that we help clients with include the following:
As a result of these incidents, it is not uncommon for workers to sustain broken in dislocated bones, severe lacerations, crush injuries, amputations, traumatic brain injuries, spinal cord injuries, and more. Additionally, individuals exposed to harmful environments for long periods of time can suffer from a range of occupational illnesses, including respiratory diseases, occupational cancers, and cardiovascular diseases.
The vast majority of employees in the state of Nevada qualify for workers’ compensation benefits if they are injured on the job. Most workers’ comp claims are handled with proper diligence by the employer and the insurance carrier. However, this may not always be the case for employees in more non-traditional workplace settings, including HVAC, plumbing, construction, and other types of manual labor positions. It is not uncommon for employers or insurance carriers to operate in bad faith and challenge a claim by saying they were not responsible for the injury or are not responsible for payment.
The reality is that there are very few exceptions to win an employee is not able to receive workers’ compensation benefits. If you are an independent contractor or a freelancer, this could be a situation where you do not qualify for workers’ compensation benefits, but that does not mean you cannot recover compensation at all. There are times when employers purposely misclassify workers in an effort to get out of paying certain benefits, including workers’ competition.
If you have any questions about whether or not you are eligible for workers’ compensation benefits in Las Vegas, we encourage you to reach out to a skilled attorney who can examine every aspect of your claim and help you proceed forward appropriately.
Nevada law also allows an employee to reopen a workers’ compensation claim at any point for the rest of his or her life. For example, a workplace injury may lead to an employee needing to train for a new job. He or she continues in this position for a few years then realizes the prior injury has caused a serious medical complication that prevents future work. He or she could reopen the prior workers’ compensation claim to secure additional benefits.
Individuals who sustain work injuries in Las Vegas will likely be entitled to a range of compensation types.
Injured workers in Nevada are entitled to coverage for all of the medical treatment related to their work injury. This includes, but is not limited to, the following:
When a work-related injury prevents an individual from performing job-related duties for at least five consecutive days or five total days within a 20-day period, or if the employer is unable to accommodate any restrictions placed on an individual by their doctor, the worker will be entitled to receive temporary total disability benefits (TTD). These benefits will pay workers 66 and two-thirds percent of their average monthly wage. These benefits will continue until:
If an individual is able to return to work in a position that is making less money than they would receive at their old position, they may be entitled to temporary partial disability benefits that make up the difference between the wages.
If a doctor determines that a person has been permanently partially disabled, the insurer will schedule an appointment with a physician to determine the level of disability. The disability rating will assign a percentage based on the severity of the injury, ranging from 1% to 100% disabled. For every 1% a person is assigned, they will receive 0.6% of their average monthly wage. The individual will receive this amount every month for five years or until they reach 70 years of age, whichever is later.
If an individual is found to have a permanent disability, they will likely be able to receive permanent total disability benefits, which are 66 and two-thirds percent of their average monthly wages, for the duration of their disability.
Individuals who recover workers’ compensation benefits may also be able to obtain vocational rehabilitation compensation. These are benefits that offer the injured worker the training or education they need so that they can move into a new type of work or into a new industry. Often, this is a decision made after an individual realizes that their injuries and any disabilities prevent them from returning to the same line of work. In Nevada, individuals can receive vocational rehabilitation compensation if:
Death benefits are offered to dependents of a Nevada employee who loses their life due to an occupational or workplace injury. Their death must have been mainly caused by the workplace incident in order for dependents to receive death benefits. The death benefits claim must be filed within one year from the date of the worker’s death. These benefits can include up to $10,000 for funeral and burial expenses as well as up to two-thirds of the deceased individual’s average monthly wage, payable to the dependents.
The spouse of a deceased worker can receive these benefits for the remainder of their life. Children of a deceased worker can receive these benefits until they reach the age of 18 or the age of 22 if they are a full-time student. There are other relatives who can receive these death benefits, and death benefits are also available to undocumented workers.
If a work injury victim in Nevada receives a denial from the workers’ compensation insurance carrier, they have 70 days to appeal the decision to the Nevada Department of Administration (DOA). A Request for Hearing form should be sent as well as the denial letter to the DOA. There are various options for attending the heading. It can be done in person, by telephone, and through a position statement.
A decision by a Hearing Officer can be appealed to an Appeals Officer within 30 days from the decision. If the Appeals Officer denies the appeal, then individuals can appeal again to the District Court through a petition for Judicial Review. This must be done within 30 days from the Appeal Officer’s decision.
The process of appealing a workers’ compensation to dial in Nevada can be incredibly challenging and time-consuming. There are specific deadlines, and the claim must be filed appropriately in order for a potential reversal. We strongly encourage you to reach out to a skilled Las Vegas work injury lawyer who has experience handling these claims. An attorney can take over every aspect of the claim, including investigating the incident, handling all communication with other parties, and filing the appeals.
Third-party claims for workers’ compensation cases can be understandably confusing. After all, if a person receives coverage through workers’ comp, why would they need to file a lawsuit against another party? The reality is that there are times when an injury on the job occurs due to the negligent actions of a third party. Depending on the situation, this third party could vary widely. This could include contractors or subcontractors working at a job site not related to the employer. This could also include parties such as companies or manufacturers of defective parts or materials.
Regardless of what other party possibly caused an injury, it may be possible to file a third-party lawsuit against these individuals or entities. There are various benefits to filing a third-party claim in these situations, even if you are already eligible for workers’ compensation benefits for the same injury.
When you file a third-party claim, this is essentially a personal injury lawsuit in the civil court system. If this type of lawsuit is successful, individuals will likely be able to recover compensation above and beyond what they typically would receive through workers’ compensation. Not only does this include coverage of medical expenses arising due to the injury, but also complete compensation of lost wages, property damage expenses, and pain and suffering damages.
Filing a successful third-party lawsuit is challenging. In these situations, plaintiffs will have to prove that the other party was negligent in some way. This is not the case with workers’ compensation claims. Determining negligence creates more challenges in order to actually receive compensation, and we strongly encourage any person in these situations to reach out to a skilled Las Vegas work injury attorney as soon as possible.
We understand how challenging it can be to delve through finances after sustaining a work injury, and figuring out how to pay for an attorney is not something you should have to do. Our team handles these claims on a contingency fee basis. This means that work injury victims will not have to pay any upfront or out-of-pocket costs related to the case. Our team handles all of that on their behalf. We will collect absolutely no legal fees until after we are successfully able to recover compensation for our client. In the event we do not win the case, our clients pay absolutely no legal fees.
Businesses begin providing workers’ compensation coverage for their employees from the moment they begin job-related duties. This includes any mandatory orientations, training, or onboarding activities. Workers’ compensation laws require employers to provide this type of coverage to every employee, and there are very few exceptions as to when an employer does not have to provide workers’ comp.
In the state of Nevada, workers’ compensation insurance is considered a “no-fault” type of insurance. This means that individuals can recover compensation through the workers’ comp system regardless of who caused the injury. It does not matter whether or not the employee caused the injury themselves; they should still be able to recover compensation for their losses. There are a few exceptions to this, but these exceptions are few and far between.
Because the Nevada workers’ compensation system is not fault-based, injured workers do not have to prove negligence on the part of another party in order to secure compensation for the medical expenses and lost wages. All the injured worker has to show is that the injury occurred while they were performing a job-related task.
A Las Vegas workers’ compensation attorney can help navigate the workers’ compensation claims process, gather evidence that supports an injured employee’s claim, and help a client explore additional options for recovery. If you or a loved one suffered a workplace injury in Las Vegas, contact DiMarco | Araujo | Montevideo today to schedule a free consultation with an attorney.