Paradise Workers’ Compensation

Workers’ Comp in Nevada

Workers’ comp is a type of employee insurance that provides limited compensation for various economic losses caused by work injuries. All Nevada employers must carry workers’ compensation to cover employee injuries. Most — but not all — work injuries qualify for workers’ comp coverage.

No-Fault Coverage

Workers’ comp is no-fault insurance, which means you as a worker get covered without having to prove negligence, a requirement of personal injury cases. You simply must demonstrate that you were injured while on the job and engaged in your normal work activities. 

Keep in mind, however, that if an employee engages in certain types of behavior and contributes to or causes their own accident, they may be denied workers’ comp coverage. For example, an employee who crashes their car while working due to inebriation will likely be denied workers’ comp. 

Benefits

Workers’ comp in Nevada provides medical coverage for on-the-job injuries and contracted conditions as well as limited compensation for:

• Lost income equal to two-thirds of monthly income up to the state maximum
• Payments to dependents in cases of fatalities
• Other claims-related expenses, such as travel expenses
• Vocational rehabilitation benefits

How much you receive and for how long depends on the seriousness and the nature of your work injury and its effect on your ability to engage in gainful employment. There are four categories of injury classification:

• Temporary partial disability
• Temporary total disability
• Permanent partial disability
• Permanent total disability

Work injury victims with partial disabilities, whether temporary or permanent, are typically able to engage in reduced or substitute work but cannot earn a full salary as before.

Applying for Workers’ Compensation in Paradise, NV

If you are injured on the job, you must take certain specific steps to apply for workers’ compensation. The first involves notifying your employer within seven days of being hurt or seven days of the onset of a work-developed condition. 

You must also receive prompt medical treatment from an authorized healthcare provider chosen by your insurer. If it is an emergency, the nearest emergency room should be chosen as the place of treatment. 

Statute of Limitations 

After receiving initial treatment, you must then file your workers’ compensation claim within 90 days of the injury or a diagnosis for a work-related condition. Waiting to file until after 90 days have passed can result in a claim denial and a loss of valuable benefits. 

If you have been treated already, the report of your injury (C-4 Form Employer’s Claim for Compensation/Report of Initial Treatment) must be filed by the healthcare provider with the insurance company within three working days of the treatment. 

Appeals

The initial decision will be made within 30 days of the insurance company receiving the claim. Workman’s comp decisions can be appealed but must be pursued within 70 days of the insurance company’s decision. 

Third-Party Lawsuit

If your injury is the result of third-party negligence, you may be entitled to full economic damages as well as non-economic damages. A third party is anyone not part of the workplace, such as the following:

• Delivery drivers
• Negligent motorists
• Product makers
• Property owners
• Customers and clients
• General public
• Repair workers
• Construction crews

Non-economic damages, which are unavailable in workers’ comp claims, provide compensation for pain and suffering and other non-pecuniary losses. Your attorney in Paradise, NV, will carefully review your claim for negligent third parties. 

You Need an Experienced Workers’ Comp Lawyer

Sadly, insurance companies and employers fight to protect their profits and regularly reduce or deny workers’ compensation claims. If you are in this situation, an experienced Paradise, Las Vegas lawyer can help.

Sources:

Claim Benefits.

Filing a Workers’ Compensation Claim.

NRS 616C.040.