Workers’ Compensation Attorney in Summerlin

Eligibility for Workers’ Compensation in Nevada After an Injury

Any employee injured on the job in Nevada can receive workers’ compensation. For example, if you develop carpal tunnel syndrome from typing or lose a body part due to an accident at work, you may be able to file a workers’ compensation claim.

Eight Examples of Injuries That Can Be Compensated

Here are eight examples of injuries that are eligible for benefits:

1. Lifting Injuries

Employees who lift objects repetitively are at high risk of lifting injuries, such as sprains and strains. Even lifting low-weight objects can result in such injuries in the long run. 

2. Repetitive Stress Injuries

When an employee performs a task repeatedly, they put a strain on particular muscles, tendons, soft tissues, or nerves. The repeated use of a body party can lead to an injury.

3. Burn Injuries

If you sustain burns from stoves, hot liquids, or flames (thermal), from a source of electricity (electrical), or from coming into contact with a corrosive/harsh substance (chemical) in your line of duty, you may be eligible for workers’ compensation benefits. 

4. Vision or Hearing Loss

Some elements at work may make an employee lose a function of their body part. A chemical eye burn can cause you to lose sight, and long-term exposure to loud noises can result in hearing loss.

5. Falling Injuries

Several factors contribute to falling injuries at work, including working at heights, inadequate lighting, wet or slippery surfaces, being struck by an object, or lack of safety equipment. Falling injuries can lead to fractures/broken bones, back injuries, sprains and strains, and head injuries.

6. Heavy Machinery Accidents

Employees who operate or work around heavy machines like excavators, bulldozers, forklifts, loaders, and cranes can sustain injuries if an accident occurs. Inadequate training, lack of safety equipment, fatigue, and poorly maintained machines are some of the factors that contribute to heavy machinery accidents in the workplace.

7. Overexertion Injuries

Employers with unrealistic expectations of employees, giving them huge workloads with limited breaks, contribute to overexertion injuries, which can result in sprains.

Overexertion can encourage mistakes that lead to injuries. For instance, a fatigued employee is likely to take shortcuts that may not necessarily be safe. Or one may fall asleep when operating heavy machinery.

8. Motor Vehicle Accidents

If you are injured in a motor vehicle accident while working, perhaps when delivering a product to a client, you may be covered for workers’ compensation. Truck drivers are a good example of employees covered by workers’ compensation after a motor vehicle accident.

Requirements One Should Meet To Be Covered

Anyone injured at work must meet certain requirements to be eligible for workers’ compensation. These include:

1. Be an Employee

One needs to have an employee status to receive workers’ compensation. This means independent contractors are not generally eligible for this type of insurance.

2. Have a Work-Related Injury

An injury should be work-related to be covered by workers’ compensation. Employees are encouraged to report injuries as soon as possible and gather adequate evidence, such as witness statements, photos, and video footage.

3. Have an Injury Confirmed To Be Work-Related by a Medical Professional

An employee should visit a qualified medical professional to verify their injury is work-related. It’s vital to do this sooner; delaying a medical examination may disadvantage one’s claim.

4. Report the Injury Within Set Deadlines

Work injuries should be reported within deadlines set by the employer and the state. Failing to do this may jeopardize one’s eligibility to get workers’ compensation. If you need to rush to the hospital, report the case verbally and send a written notice as soon as possible.

Reduction or Denial of Workers’ Compensation

It’s not uncommon for an employee to be denied workers’ compensation or have the amount awarded significantly reduced. This can happen due to:

1. An Injury Not Being Work-Related

If an employer’s insurance company can prove an injury is not work-related, they may refuse to cover it since it happened outside the work environment. An example would be an employee being injured while heading to work.

2. An Injury Not Being Severe Enough To Prevent One From Working

Employers’ insurance companies have been reported to reduce workers’ compensation if they can verify an employee can still work after being injured if the injury is not “serious” enough.

Some injuries may appear not serious but prove otherwise with time. An employee should be checked regularly by a physician.

3. An Employee Having a Non-Work Related Pre-Existing Injury

A work injury can aggravate a pre-existing condition. Someone with a

degenerative disc disease can be more prone to back injuries in the workplace. 

If this happens, an employee’s compensation may be reduced if the employer proves the pre-existing injury is non-work related. The employer may only take responsibility for the aggravation of the existing injury.

4. A Claim Having Administrative Errors

Administrative errors, such as an employee delaying receiving medical treatment or providing incorrect information, can lead to a claim denial. An employer or their insurer can also make administrative errors, such as filing a notice late.

Period of Receiving Workers’ Compensation in Summerlin, Nevada

An employee in Nevada should report their injury within seven days after the accident. They will receive workers’ compensation benefits from the eighth day until they recover or reach maximum medical care.

The Workers’ Compensation Process in Nevada

If you are injured during your employment in Nevada, you will report the case to your employer within seven days after the accident. Your employer will forward the case to their insurer within six days after receiving your notice.

The medical professional you visit for treatment will send your employer and their insurer a report within three working days of treatment. Upon receiving the completed report from the physician, the employer must notify their insurer within six days that you will be off work for a particular period.

The insurer will have 30 days to provide a notice. They can accept or deny the claim. Regardless of the option, they should notify you as the claimant.

Calculation of Workers’ Compensation in Nevada

So, how is workers’ comp calculated?

The calculation of workers’ compensation in Nevada considers different aspects — for starters, an employee’s monthly wage. Typically, a history of wages earned for a period of 12 weeks is used to determine one’s average monthly wage. 

If the amount earned within 12 weeks does not represent the average monthly wage of the injured employee, earnings over one year or the full period of employment will be considered. If the employee does not have earnings over one year, their monthly average wage may be increased. 

Other calculations are those of temporary and permanent disability. A specified percentage of the average monthly wage is usually used to compensate for temporary disability. On the other hand, a lump sum settlement is awarded in cases involving permanent disability. Elements that will factor into the lump sum include average monthly wage, percentage of disability rating, the age of the injured employee, and whether or not the employee has received temporary disability payments already.

Summerlin workers’ compensation attorneys can help you with these calculations, saving you from unfair settlements. 

Benefits One Can Receive From Workers’ Compensation

Workers’ compensation covers lost wages, medical expenses, and permanent disability payments, which are usually a lump sum. Thus, an employee should obtain evidence proving these damages to be compensated.

Workers’ compensation does not cover pain and suffering, a damage widely claimed in personal injury cases. Therefore, if a work injury or occupational illness causes you to undergo pain and suffering, you may have to solve it out of pocket.

Call a Reliable Workers’ Compensation Lawyer

Workers’ compensation matters can be challenging. A small mistake can lead to a denial of your claim. It’s crucial to work with a reliable workers’ compensation attorney in Summerlin to make the right moves from the start. Our attorneys will help you gather the needed evidence, fill out forms with accurate information, file forms on time, and follow up on your case.

Your employer’s insurer may use different tricks to unfairly deny or reduce your claim. In such a case, our attorneys can help protect your rights.