Las Vegas Workers’ Comp Attorneys

How Do I File a Workers’ Compensation Claim in Nevada?

There is a specific procedure that you need to follow when you file a workers’ compensation claim in Nevada. You must complete all forms and procedural rules within the allotted deadlines in order for your claim to be considered by your employer’s insurer.

In Nevada, a workers’ compensation claim begins when you send a C-4 Form, Employee’s Compensation Report of Initial Treatment to your employer’s insurer. You are required to fill out the section of the C-4 form entitled “Employee’s Claim” upon your initial visit to a health care provider for treatment of your work-related injury.

The physician who provides you treatment will then complete his or her intended sections and send this copy to your employer and its insurer within three working days of treating your injury.

You must submit a completed version of this form within 90 days from the date of your injury or the date in which you first discovered your injury or occupational disease.

Once you have completed and submitted the C-4 form, your employer’s workers’ compensation insurer has 30 days to either accept or deny your claim. The insurer will send you a letter within this period informing you of its decision and its reasoning behind this conclusion. This letter will also contain a description of your right to appeal its decision to the Hearing Office and a Request for Hearing form.

If the insurer denied your claim or only accepted a portion of it, our Las Vegas workers’ compensation attorneys will work to help you appeal the decision and recover the benefits you deserve.

Appealing a Denied Claim

If your workers’ compensation claim has been denied, or the benefits approved by your employer’s insurance company provide inadequate coverage for your treatment, you can appeal the decision. However, you must follow the guidelines for requesting an appeals hearing in Nevada, as detailed in NRS § 616C.315

In Nevada, appeals for workers’ compensation claims are handled by the Hearings Division of the Nevada Department of Administration.

Your employer’s insurance company must provide you with a Request for Hearing form that should be completed and submitted with a copy of your denied claim within 70 days after receiving your denial letter.

At the hearing, you can present any evidence showing that you are entitled benefits for your injury. This can include showing when, where and how the injury occurred and a detailed record of the medical treatment you have received since.

We can use your medical records to clarify the extent of your injuries to the Hearing Officer. We will also use a physician’s report to show your limited ability to work and how the injury is directly related to the duties your job requires.

The Hearing Officer will then make a decision within 30 days as to whether or not you are entitled the benefits detailed in your claim. If your claim denial is upheld after this process, you may then request a hearing with an Appeals Officer by submitting a Request for Hearing Before Appeals Officer form within 30 days.

Appealing a denied workers’ compensation claim can become a complex process, which most are unaware of how to navigate. Our Las Vegas workers’ compensation can help you file all necessary forms within the tight deadlines each requires. Our attorneys will also gather evidence and testimonies from medical practitioners that supports your claim and construct a solid defense to use against the insurance company’s decision.

What Benefits Can I Receive Through Workers’ Compensation?

Workers’ Compensation is a valuable asset that provides important financial support at a time when job security and medical care are urgently needed.

Our experienced Las Vegas workers’ compensation lawyers will fight to make sure you are treated fairly and appropriately throughout the entire process. We can help you obtain benefits such as:

Medical Treatment

Injured workers are entitled to full medical treatment for work-related injuries through their employer’s workers’ compensation insurance. Workers who qualify will receive:

• Initial medical treatment
• Corrective surgeries
• Follow-up treatment
• Physical rehabilitation
• Transportation expenses for costs driving to and from appointments

Medical Supplies and Assistance

An employer’s workers’ compensation insurance should provide any necessary supplies or assistance needed during an injured worker’s recovery process. This can include:

• Caregivers if the worker is unable to perform simple tasks independently
• Mobile assistance devices like wheelchairs or crutches
• Health monitoring equipment
• Breathing apparatuses
• Hospital beds
• Medication

Temporary Total Disability Benefits

When a work-related injury prevents you from working for at least five consecutive or five cumulative days within a 20-day period or if your employer is unable to accommodate the restrictions placed on you by your doctor, you may be entitled to temporary total disability benefits (TTD).

TTD pays injured workers 66 and two-thirds percent of the employee’s average monthly wage. These payments will continue until one of the following occurs:

• Your doctor says you are able to work again.
• Your employer offers light-duty employment or modified work that accommodates for the restrictions of your injury.
• Your doctor determines that you have suffered permanent disability and are not expected to improve.
• Your doctor determines you have reached maximum medical improvement (MMI), which means you are not expected to improve within the next year.

Temporary Partial Disability Benefits

If you are able to return to work, but the wage you are making is less than you receive from TTD, you may be entitled to temporary partial disability, which will make up the difference. These benefits can only be paid for a maximum of two years.

Permanent Partial Disability Benefits

If your doctor determines that you have a permanent partial disability, the workers’ compensation insurer has 30 days to schedule an appointment with a rating physician or chiropractor to determine your level of disability and to determine the amount of partial permanent disability benefits you may receive.

The rating physician or chiropractor will perform an evaluation and assign a percentage based on the severity of your condition, ranging from one percent to 100 percent disabled. For every one percent you are assigned, you will receive 0.6 percent of your average monthly wage. You will receive this amount every month for five years or until the age of 70, whichever is later.

Permanent Total Disability Benefits

If you are found to have a permanent total disability, you may be able to receive permanent total disability benefits, which will provide 66 and third-thirds percent of your average monthly wages for the duration of your disability. During this time, you must generally not be able to obtain employment because of the injury.

Death Benefits for Dependents

If you have lost a loved one in a work-related accident, you may be able to file a claim to receive death benefits.

According to NRS 616C.505, death benefits from a workers’ compensation claim are most often dispersed between the deceased’s spouse and children. Each party will divide the amount of benefits provided, which is two-thirds of the deceased’s monthly wages before the incident.

Workers’ compensation death benefits will also provide burial expenses up to $10,000, which includes transportation for the remains of the deceased.

Vocational Rehabilitation

An employer’s workers’ compensation insurance may provide job training in a new field if a worker is unable to return to his or her previous job or a modified position provided by the employer and cannot find other work with his or her current skills because of an injury.

This is referred to as vocational rehabilitation. It is a federal-state program that helps people with physical or mental disabilities find employment and receive on-site training. Nevada’s law for returning an injured employee to work allows an employer’s workers’ compensation insurance to cover vocational rehabilitation for certain circumstances.

At Henness & Haight, we are committed to helping you put your life back together after an unexpected accident and will do everything we can to help make that possible for you and your family. We will work to help you obtain the compensation you deserve for your injury.