What Scenarios Make You Qualified For Workers’ Compensation in Nevada?

Understanding Workers’ Compensation Eligibility For Independent Contractors, Undocumented Workers & Third-Party Negligence

Individuals that are injured on company property can typically acquire workers’ compensation without a battle. However, this is not always the case in every industry and more questions may arise around those that work as independent contractors, undocumented workers, or other nuanced positions.

In some circumstances, you may be injured due to third-party negligence. Many wonder what their rights are and when they qualify to file for workers’ compensation in Nevada. The answer is not always given to you by your employer and insurance companies may try to deny claims. This article will detail some scenarios that can be complex, but still qualify you for workers’ compensation.

What To Do When Third-Party Negligence Causes a Workplace Injury

When third-party negligence causes an injury on the job, it can be confusing to know what to do next. Your lawyer will tell you that you can and should file a workers’ compensation claim. Your workers’ compensation will cover the following if your injury was due to third-party negligence:

• Medical expenses
• Disability benefits
• Loss of wages (with a cap)

In addition to workers’ compensation, you can also file a third-party liability lawsuit with the help of your Las Vegas personal injury lawyer. If you win, you will be compensated for some additional losses that workers’ compensation does not cover, such as pain and suffering.

It is important to note that oftentimes, if you win a third-party lawsuit, your workers’ compensation will claim a reimbursement for the payments they made on your claim, but you will be able to keep your additional compensation such as pain and suffering.

How Independent Contractors Can Qualify For Workers’ Compensation In Nevada

As an independent contractor, you typically will not qualify for workers’ compensation since you are not considered an employee of the company. That said, there are situations that end up being an exception to this rule.

Some employees who are legally acting as employees are misclassified as independent contractors by a company. The good news is, workers’ compensation will typically look at the nature of the relationship over the title when evaluating a situation. This means that even if your employer is claiming you are an independent contractor and exempt from workers’ compensation, if you went through the right avenues, you can still qualify.

In jobs such as construction, the general contractor carries workers’ compensation that covers the independent contractors working for them. So if you’re facing an injury as an independent contractor, but you are working in construction or another industry, reach out to your Las Vegas personal injury lawyer to see if you still qualify under the contractor.

What Temporary Workers Need To Know About Filing For Workers’ Compensation In Las Vegas

Temporary workers are entitled to workers’ compensation if injured on the job, but who provides the workers’ compensation will differ from regular employees. If the temp worker was employed by a staffing agency, the agency is responsible for the workers’ compensation. If the temp worker is a direct hire by a company, the company will be responsible.

Just like regular employees, temp workers can have their medical expenses, lost wages, and disability benefits covered. Personal injury compensation can get tricky, however, when multiple parties are involved in the claim. Some staffing agencies require employees to file workers’ compensation with the agency as well as the host employer. If third-party negligence was involved, it can add to the complexity of the case.

Qualifying For Workers’ Comp Even When Employers Wrongly Label An Accident As a “Near Miss”

After an accident, it is essential to get medical attention immediately to ensure a smooth workers’ compensation claim. In the event that you do not do so, an employer might document an accident as a “near miss” to de-incentivise the employee to file a workers’ compensation claim. They do this to:

• Prevent OSHA reporting and the subsequent fines.
• Keep their insurance premiums low.
• Protect the company safety record and reputation.

If you are feeling pressure to not file a workers’ compensation claim and instead file it as a “near miss”, contact a Las Vegas personal injury lawyer right away. Gather any photos, witness statements, or other evidence of the event. Seek medical attention and keep the records. Report the incident in writing to HR or your supervisor. In doing these things, you and your lawyer can work towards the compensation you deserve.

Undocumented Workers & Filing for Workers’ Compensation

Undocumented workers are entitled to the same workers’ compensation benefits as anybody else in the state of Nevada with some exceptions. However, as an undocumented worker, you may feel the situation is more fragile if your employer is trying to discourage or deny a claim. They may threaten to report your immigration status, claim you are ineligible, or fire you after the injury. Any of these situations can be devastating.

A lawyer can help you if you are getting pressure from an employer to not file. You are entitled to workers’ compensation and it is illegal for your employer to threaten to report your immigration status. Contact a skilled lawyer right away to ensure you are covered during this difficult time.

Looking For a Trusted Las Vegas Personal Injury Lawyer To Handle Your Case? We Have You Covered

Filing for workers’ compensation can be complex and intimidating, especially if you are facing negative pressure from an employer. Make sure you get the compensation you deserve by reaching out to our Las Vegas personal injury lawyers at Benson & Bingham. With decades of experience and a track record of success, you can experience peace of mind during this difficult time.

Contact us anytime of day or night for a free consultation to get started.