Workers’ compensation is insurance coverage for employees injured in the course of employment. These benefits provide employees with financial relief for their work-related injuries.
Who Gets Workers’ Compensation in Nevada?
Workers’ comp law in Nevada requires all private employers with one or more employees to carry workers’ compensation insurance.
Employees injured on the job get benefits through workers’ compensation insurance.
Who Is an Employee?
Workers’ compensation covers employees of a business. Employees include:
- Undocumented workers, and
- Directors of a corporation.
Employees do not include independent contractors. An independent contractor may get their own workers’ compensation insurance. However, workers’ comp law in Nevada will not require the employer to provide this insurance.
What Injuries Are Covered?
Workers’ comp law in Nevada covers only injuries that happen while the employee is working.
This means that employees cannot get workers’ compensation for injuries that occur on a break or before they start work.
Workers’ compensation insurance covers one-time injuries and occupational diseases.
One-time injuries include, for example, injuries following a fall off of company equipment.
Occupational diseases are injuries or illnesses that develop over some time.
For example, an illness caused by continuous exposure to a toxic substance is an occupational disease.
How Can I Get Workers’ Compensation Benefits?
Your employer’s workers’ comp insurance applies to you once you start your first day of work. If your injury happens after that, you can take steps to access your workers’ comp benefits.
However, you must follow a specific set of procedures before you can receive these benefits. To start the claims process, you will need to complete several steps.
1. Give Your Employer a Completed Notice of Injury or Occupational Disease (Form C-1)
Following a workplace injury, you must complete a Notice of Injury or Occupational Disease form. You must complete this form within seven days after the injury. If your injury is an occupational disease, you must complete the form within seven days after discovering the condition. Once you complete the form, give it to your employer. It is crucial that you complete this step and do so on time. Your employer may deny your claim if you do not give this notice.
2. Seek Medical Care If Needed
If your injury or illness requires, seek medical treatment from an approved doctor. Ask your employer to explain which doctors you can visit.
3. Have the Doctor Complete an Employee’s Compensation Report of Initial Treatment (Form C-4)
At your first appointment, tell the doctor that your injury is work-related and that you are seeking workers’ compensation. Ask the doctor to complete the Employee’s Compensation Report of Initial Treatment form (Form C-4).
Note that you do not fill out this form. You must send this completed form to your employer’s insurance carrier within three days of your appointment.
4. Submit Your Form C-4 to the Insurance Carrier
Your filing process begins once you give the insurance administrator the Form C-4. You must file your claim within 90 days of your injury.
Your employer must accept or deny your claim within 30 days of receiving the Notice of Injury or Occupational Disease form. You can take steps to appeal the denial of your claim.
An attorney who knows workers’ comp law in Nevada is essential to make sure you meet the strict filing deadlines discussed above. A seasoned workers’ compensation lawyer can also help you appeal a denial of your claim.
What Types of Workers’ Compensation Benefits Can I Get in Nevada?
Various forms of workers’ comp benefits are available to injured employees.
These benefits include:
- Medical care: Workers’ compensation may pay for reasonable and necessary medical expenses.
- Death benefits: If the employee passes away because of a workplace injury or illness, workers’ comp gives death benefits to surviving spouses, children, parents, or siblings.
- Rehabilitation: Workers’ comp benefits may also pay for physical therapy and other treatments to help allow the employee to return to work.
If an injury affects an employee’s ability to keep working, workers’ comp laws in Nevada also give the employee certain long-term disability benefits. Disability benefits include:
- Temporary total disability (TTD): Temporary total disability benefits are available to an employee who must take over five days off work because of the injury.
- Temporary partial disability (TPD): An employee who can work but for less compensation may get temporary partial disability benefits.
- Permanent total disability (PTD): If a doctor determines that the employee is disabled and can never return to work, the employee will receive permanent total disability benefits.
- Permanent partial disability (PPD): Permanent partial disability benefits are assigned when the employee suffered a permanent injury that only partially impairs their ability to work.
Applying for these benefits is complicated, and the employee can lose these benefits for late or incomplete filing. Consult a workers’ compensation lawyer to ensure you properly apply for your workers’ comp benefits.
Do You Need Help With Workers’ Comp Law? Nevada Attorneys at Henness & Haight Can Help
At Henness & Haight Injury Law, we have over 20 years of experience representing employees in workers’ comp cases. Our case results reflect this. Nevada workers have recovered over a million dollars in benefits with our seasoned workers’ compensation lawyers.
Contact our expert legal team for help with your workers’ compensation claim.