Workers’ Compensation Lawyers in Las Vegas
Considering the massive fluctuations in the job market in recent years, it’s always good to be employed. Having a job offers a sense of security in our lives — even if going to work isn’t the most exciting endeavor. This is why it can be so disheartening when employees suffer work-related injuries. An injured worker may be unable to perform their typical duties, and in some cases, this can last for years. Fortunately, Nevada’s workers’ compensation system is meant to help “keep the lights on” when an employee injury prevents someone from doing their job. If you’re having trouble with your claim, a workers’ compensation lawyer in Las Vegas may be able to help.
At High Stakes Injury Law, our legal team is ready to help you with your workers’ comp claim. Every business with one or more employees in our state is required to carry workers’ compensation insurance. This ensures that injured workers receive benefits while they’re unable to perform their job duties. If you suffered an on-the-job injury or developed a condition related to your employment, Nevada law says that you’re entitled to benefits. It’s possible that your employer or their insurance company could try to stand in the way, though, and that’s why we’re here to help.
Contact High Stakes Injury Law today at (702) 707-5934 for a free consultation.
Table of Contents
- Are Injured Workers Entitled to Benefits?
- What Compensation Is Available for Workplace Injuries?
- How Do You File a Workers’ Compensation Claim?
- What If You Lose a Loved One to a Workplace Injury?
- Can You File a Lawsuit for Nevada Workplace Injuries?
- What if You’re Denied Benefits for a Workplace Injury?
- Is There a Nevada Workers’ Comp Statute of Limitations?
- Contact Workers’ Compensation Lawyers in Las Vegas Today
Are Injured Workers Entitled to Benefits?
In a majority of cases, injured workers will be entitled to benefits. That’s because Nevada law provides protections in a no-fault system. This means that you do not have to prove that your employer negligently caused your injury — as you would otherwise have to do in a personal injury lawsuit. Even if you were hurt due to your own negligence, you’ll likely still have a valid workers’ compensation case. That’s because a major reason behind offering these benefits is to reduce the strain on state courts. Thanks to this system, there are tens of thousands of workplace injuries every year in Nevada that will never go to trial.
Still, there are some instances when an injured employee may be unable to recover benefits. While the system is meant to protect workers, it will not pay out if an employee was intoxicated or high on narcotics at the time of the accident. Additionally, a person will have to pay for their own medical treatment and other expenses if it’s decided that they intentionally harmed themselves or engaged in fraud. Outside of these rare issues, injured workers will usually have valid workers’ compensation claims. Of course, this doesn’t mean that you might not be wrongfully denied benefits. If this happens, it’s important to speak with a workers’ compensation attorney in Las Vegas. Contact us today.
What Compensation Is Available for Workplace Injuries?
When many people think of workers’ compensation in Nevada, they immediately envision wage replacement and medical care. These are obviously the two big benefits provided by the workers’ comp system in our state. However, it’s important to know that employees injured on the job are often entitled to much more. After all, medical costs and salary are not the only losses a person can experience when they suffer a workplace injury. That’s why insurance companies also offer compensation for the following expenditures:
- Medical bills and expenses
- Lost wages and potential future income
- Vocational rehabilitation
- Death benefits for dependents
- Total disability or permanent disability (even partial)
- Additional expenses (e.g., fuel costs for appointments)
Many of these expenses do not fluctuate between employees. For instance, a class that teaches a certain vocational skill will likely cost the same for anyone who takes it. However, benefit amounts can fluctuate when you delve into lost wages and future lost income. Nevada allows employees to receive the Average Monthly Wage in the state. This number fluctuates by the year, but in 2023, the cap is set to $7,309.80. Of course, many people don’t make this much. When this is the case, injured workers are entitled to 66-2/3% of their monthly wage. While this won’t fully replace your salary, it can go a long way in helping pay your bills.
How Do You File a Workers’ Compensation Claim?
Nevada created a system meant to simplify workers’ compensation cases. To start the process, you need to first alert your employer of your injury or occupational disease. At this point, your employer is supposed to provide Form C-1 to you. This is an incident report referred to as a Notice of Injury or Occupational Disease. This form does not state that you need medical care; it merely documents that an incident has occurred. If you visit a physician, you and the doctor will complete Form C-4. This is known as the Employee’s Claim for Compensation. Keep in mind that your employer’s insurance company will have specific healthcare professionals you should visit. However, visiting the nearest ER is okay if you’re seriously injured.
Keep in mind that these forms should only be submitted if you sought medical treatment for an injury or if you missed time at work due to one. Once the proper forms have been submitted, the workers’ compensation insurance company will have 30 days to either approve or deny your claim. If approved, you will begin receiving benefits. If denied, you’ll be notified along with the Nevada Department of Industrial Relations. If this occurs, it’s time to seek legal representation. Our worker’s compensation lawyers in Nevada understand how scary it can be to suddenly have no income. We’re here to help ensure you get what you’re entitled to.
What If You Lose a Loved One to a Workplace Injury?
Unfortunately, not all workplace accidents result in only injuries. There are around 5,000 worker deaths every year in America. If you lost someone you love in one of these incidents, you may be entitled to death benefits. For a normal workers’ compensation claim, you may only need legal representation if you’ve been wrongfully denied. However, it might be wise to contact a Las Vegas workers’ comp attorney immediately if you’ve lost a loved one. While you can file a claim for benefits on your own with the insurance company, you don’t want to miss out on additional potential compensation.
Additional compensation may be available in certain situations — which we’ll discuss further in the next section. However, you can file a claim with the workers’ compensation insurance company even if no additional financial restitution is possible. Contact your loved one’s employer to get their insurer’s information. When navigating the claims process, you’ll need to submit proof of death, proof of your relationship to the decedent, any attending physician certificates, and Form C-4. It’s typically only spouses and children who can apply for benefits, but there are exceptions for others who were supported by the worker. Contact our law firm for more information.
Can You File a Lawsuit for Nevada Workplace Injuries?
Workers’ compensation is known as an “exclusive remedy” for injured employees in Nevada. This means that — in most cases — you won’t be able to file a lawsuit. In many instances, this works out great for both employees and employers. After all, no one has to go to court to get the benefits they deserve — and employers don’t have to worry about paying general damages (e.g., pain and suffering). However, there are a few instances in which filing a lawsuit may be appropriate. In these situations, it’s vital that you seek the assistance of workers’ compensation lawyers in Las Vegas.
One of the most common times when a legal claim is appropriate is when the employer doesn’t carry workers’ comp insurance. In such cases, you can work with your boss to get your expenses covered. The money you receive could cover anything from lost wages to vocational rehabilitation — and much more. However, there’s no guarantee they’ll provide you with the compensation you deserve. That’s why it may be in your best interest to simply file a lawsuit. This will increase your chance of receiving just compensation, and since your employer didn’t have state-required insurance, you may even be eligible for additional damages.
There are also instances involving third parties that can warrant a lawsuit for a work-related injury. For instance, construction site injuries often occur while multiple contractors are on site. Not all of these workers will be linked to your company. If someone other than a coworker causes an accident that harms you, you can take them to court for damages suffered. You may also sue the employer you work for if you’re not technically an employee. This situation arises when freelancers and other independent contractors are harmed during the course of their duties. Lawsuits are also an option if your employer intentionally caused you harm.
What if You’re Denied Benefits for a Workplace Injury?
The entire Nevada workers’ comp system aims to ensure that injured workers are treated fairly. Unfortunately, this doesn’t always happen. Your employer may try to prevent you from seeking benefits. This is often due to a belief that they’ll see increased insurance rates if an accident is reported. It’s also possible that the insurance company itself could be the one hindering your attempt to garner benefits. In either of these situations, a workers’ compensation attorney in Las Vegas may be able to assist. In addition to spotting potential errors in your claim, they can hold bad-faith parties accountable for their actions.
If you’re classified as an employee, the Hearings Division of the Nevada Department of Administration will hear your appeal. Independent contractors who are unable to secure compensation can take their case to the Nevada Supreme Court. In either of these situations, a Las Vegas workers’ compensation attorney can help you navigate the complex legal landscape. And since injured workers can get a free consultation at High Stakes Injury Law, there’s nothing to lose by reaching out for advice. You’ve no doubt got growing medical expenses or — at the very least — bills piling up while you’re out of work. Let an experienced legal professional take the wheel.
Is There a Nevada Workers’ Comp Statute of Limitations?
Similar to most legal issues in our state, there are deadlines to file a workers’ compensation claim in Nevada. To start, any injuries or vocational diseases should be reported immediately. You only have seven days to do this from when you were harmed, or your injury was discovered. Your claim for compensation (Form C-4) must then be filed within 90 days. If you’ve been denied benefits, you’ll have only 70 days to appeal this decision. A hearings officer will consider your case. If you are not satisfied with the decision of the hearings officer, you can go a step further to an appeals officer.
While this process is going on, it’s imperative that you continue to follow medical directions. Failure to do so could worsen your injury and make it more difficult to secure the compensation you deserve. At High Stakes Injury Law, our injured clients are always advised to follow physician instructions from the moment they seek medical attention until they’ve reached Maximum Medical Improvement. Of course, this isn’t something the family of a deceased worker goes through. Unfortunately, there are also deadlines for these individuals.
The Nevada workers’ compensation statute of limitations is different in cases involving death. If you lost a loved one due to a workplace accident, you have up to one year to submit a claim for death benefits. An experienced attorney can help you through this process. The important thing to remember is that you have all the same rights your loved one would’ve had if they’d survived. You’ll be entitled to benefits in all the same instances, and if denied, you have appeal rights as well. You don’t have to take this lying down. Contact our law firm to schedule a free case review.
Contact Workers’ Compensation Lawyers in Las Vegas Today
No one takes enjoyment in sitting out of work with a serious injury. Workers’ compensation benefits are not a windfall or an attempt to take advantage of the system. They’re merely meant to reimburse you for the losses you’ve suffered. Even if your employer tries to make you feel bad about receiving workers’ comp, the law entitles you to benefits when an on-the-job injury occurs. It’s the entire reason companies are required to carry insurance! If you’re having issues seeking recovery, you need a legal advocate on your side who can represent you and fight to protect your rights. Our law firm can help.
At High Stakes Injury Law, our legal team has spent four decades serving Las Vegas and the surrounding area. During that time, we have consistently helped injured employees receive the workers’ compensation benefits they’re entitled to. You shouldn’t have to bend over backward to access this legally-mandated support, but there are times when your employer or their insurance company may make things difficult. During those times, you need a workers’ compensation lawyer in Las Vegas who can help.
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I Was Injured In An Accident.
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By Scott L. Poisson
Do I Have A Case?
Dealing With The Insurance Company
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