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Frequently Asked Questions - Workers' Compensation Claims

What is Workers' Compensation?

Workers' Compensation is a state-regulated insurance program designed to protect employees injured on the job. Injured workers are covered under this program and have a right to income and medical benefits for work related occupational injuries sustained while working.

Does my employer have Workers' Compensation insurance?

While there are limited exceptions to the rule, generally yes, your employer is mandated under the State of Nevada to provide employees with Workers' Compensation benefits. These same benefits also extend to the employer.

Who is eligible to make a Workers' Compensation claim?

Any employee or employer who is injured during the course and scope of their employment.

What if my injury is a result of my own fault?

The State of Nevada Workers' Compensation insurance program is a no-fault based program. In other words, it does not matter if your injuries on the job were the result of your own actions, you still maintain rights to a claim. However, coverage does not extend to an employee who intentionally injures themselves or injuries suffered while the employee is under the influence of drugs or alcohol.

What type of on-the-job injuries give rise to a Workers' Compensation claim?

Employees who are injured on the account of their own or somebody else's negligence. This also extends to and includes injuries from continued or repetitive motion such as lifting or carpal tunnel from typing, slip and falls, trip and falls, falling objects, electrical injuries, muscle and ligament sprains and strains, sickness due to harmful exposures, and even psychiatric or emotional harm. Catastrophic injuries such as paralysis, burns, loss of limb, loss of sight, loss of hearing, those left remaining in a vegetative state, and death are also covered under a Nevada Workers' Compensation claim.

What accidental benefits are covered under Workers' Compensation?

Pursuant to NRS 616A, accidental benefits that are covered include medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices. Injured employees also have a right to wage loss while incurring time off work resulting from an on the job injury thereby allowing the employee to maintain a standard of living.

What steps does an employee need to take in order to open up a Workers' Compensation claim?

If you were injured on the job, you have a right to medical benefits and lost income. It is important to note that the employee must take time sensitive steps to ensure that their rights are protected. Do not let your rights pass you by due to missing a timeline or relying on the information provided by your employer. Benson & Bingham can assist you with your financial benefits and ensure that injured workers timely produce forms and documentation to receive the highest award possible.

Did you Know: Between 2004 and 2018, Benson and Bingham settled over $127,000,000 for their clients.