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Workers' Compensation

Workplace injuries place a tremendous burden on employees that can leave you worried about job security and how you will support your loved ones.

Fortunately, Nevada workers are provided benefits for medical treatment and lost wages through workers’ compensation. These benefits, however, are often difficult to get and may not always cover all of your expenses. With the guidance of our accomplished Las Vegas workers’ compensation lawyers, we can help you recover the maximum compensation you are owed after an injury or the loss of a loved one. For more than 20 years, we have fought for the rights of Nevada workers and helped them receive the compensation and benefits they rightfully deserved. Our services are provided for no charge unless we succeed in recovering compensation on your behalf.

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Fighting for the Benefits You Need

Nearly every employer in Nevada that has one or more employees is required to carry workers’ compensation insurance, which provides benefits for most work-related injuries, illnesses, diseases and accidents.

Because Nevada is a no-fault state, employees do not have to prove their employer is liable in order to receive workers’ compensation benefits. You must only file a claim and gain approval to receive financial benefits and medical treatment.

Unfortunately, the process of obtaining benefits can be extremely complicated. Insurance companies may try to claim that your injuries developed outside of work or that they are not as serious as you claim.

Without aggressive representation from an experienced attorney, your claim could be reduced, delayed or denied, causing you to miss out on valuable benefits that are rightfully yours.

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What Should I do if I am Injured on the Job?

If you have been injured in a work-related accident, there are certain steps you must take to ensure you are eligible to receive benefits from your employer’s workers’ compensation insurance.

These steps include:

  • Immediately report the injury: Any injury you receive at your workplace should be reported immediately to your employer. This will establish a timeline to show that your injury is work-related and that it is not a pre-existing condition.
  • Seek medical care as soon as possible: Regardless of the severity of your injury, you should see a doctor as soon as possible. A medical professional can diagnose your injury and provide you with the proper treatment options. This will also begin the documentation process to validate your work-related injury for whatever insurance investigations or procedures may follow.
  • Document everything: You will need to record everything that happened during the event in which you were injured. This includes noting all witnesses to the incident, the time of day it occurred and the cause of the accident. You will also need to document all relevant facts and details that occurred from the time you were injured until you first sought medical treatment.
  • Follow medical directions: It is important that you follow every direction given to you by a medical practitioner in regards to your injury. The insurance company handling your claim will assume that you no longer need medical care and will terminate your benefits if you neglect to follow through with the recommended treatments.
  • Follow all procedures for filing a claim: You must meet every deadline and fill out all necessary paper work to be eligible for workers’ compensation.

Following these steps will significantly increase your chances of receiving the full benefits you deserve. If you have any questions about what to do after receiving a work-place injury, do not hesitate to contact our Las Vegas workers’ compensation lawyers.

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.

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Claim Disputes

Disputes over workers’ compensation claims can occur for many reasons and can severely affect those who depend on the benefits they were denied.

The following are common reasons a workers’ compensation claim could be denied:

  • You did not suffer a serious injury
  • Your injury did not take place at work or within the scope of your job duties
  • Your injury does not require medical treatment
  • Your claim was filed incorrectly
  • Too much time has passed since your injury occurred
  • Your injury does not match the medical records
  • You do not require time off from work to heal your injury

If your workers’ compensation claim is denied, you will need a skilled Las Vegas workers’ compensation lawyer who is experienced in Nevada’s workers’ compensation laws and understands the tactics used by insurance companies.

Our Las Vegas workers’ compensation lawyers can work with you during the claims process to help make sure your claim is filed correctly and promptly. We have helped numerous workers file claims that provided them with the benefits they deserved. Do not hesitate to contact us if your claim is in danger of being denied.

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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 follw 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.

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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.

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Third-Party Claims

Although all Nevada workers are entitled to compensation after a work-related injury, some people may not receive enough compensation to cover their medical costs and expenses.

Nevada’s workers’ compensation laws prohibit workers from filing a personal injury lawsuit against their employer for a work-related injury. However, it may be possible to bring a claim for additional damages if your injuries were caused by a third-party.

A third party is considered anyone other than your employer or coworkers. Examples include:

  • Other drivers in motor vehicle accidents
  • Manufacturers of industrial machines and chemicals
  • Vendors responsible for installing or maintaining equipment
  • Architects or engineers that designed a faulty building
  • Suppliers of dangerous products

Third-party lawsuits are the same as personal injury lawsuits. You will need to establish that another party is liable for your injury because his or her negligence in some way caused you harm.

Our Las Vegas worker’s compensation lawyers are experienced in handling these types of claims and can help you determine if you are entitled to file a third-party claim and seek additional damages.

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Why Hire an Attorney for a Workers’ Compensation Claim?

Workers’ compensation claims can become a difficult process that may have severe effects on your benefits if you do not understand the complexities involved. With the help of an experienced Las Vegas workers’ compensation attorney, you can trust that your claim is complete and accurate.

For more than 20 years, Henness & Haight’s Las Vegas workers’ compensation lawyers have helped injured workers recover the benefits they deserved. We guide each of our clients through the claims process by:

  • Explaining and assisting in each step of the workers’ compensation claims process
  • Evaluating your claim to determine if it truly provides the benefits you need
  • Gathering relevant medical documents to prove your claim
  • Interviewing witnesses to the incident who can help your claim
  • Consulting with medical professionals about the severity of your claim
  • Handling all matters with your employer’s insurance company
  • Filing the claim on your behalf
  • Helping you appeal a denied claim

Our Las Vegas workers’ compensation lawyers will dedicate the entirety of our legal resources to build a strong claim on your behalf that can help you get the benefits you deserve.

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Contact Our Las Vegas Workers’ Compensation Lawyers

Whether you are preparing to file a claim for benefits, have already begun the process or have been denied the benefits you deserve, our Las Vegas workers’ compensation lawyers can help you fight for the payment you rightfully deserve.

We know that insurance companies are solely focused on their best interests and not that of the injured worker. This is why we are committed to representing our clients’ best interests throughout the entire process. We place our clients’ needs first and work to ensure they receive the maximum compensation they deserve.

If you have been injured or lost a loved one in a work-related accident, contact our accomplished Las Vegas workers’ compensation lawyers who can help you recover the benefits you need to put your life back together.

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