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Were You Injured In A Workplace Accident? Take These 6 Steps:
Were You Injured In A Workplace Accident? Take These 6 Steps: Whether you work in a relatively dangerous profession or an office job with minimal risk, an on-the-job injury will take you by surprise and throw your world into a spin. What are your rights under Nevada law? Do you need a lawyer to pursue compensation? The Henderson Workers’ Compensation Lawyers of Benson & Bingham Accident Injury Lawyers, LLC can provide legal representation for accident injuries in Henderson. They will help answer your questions and provide the legal support you need to seek compensation for your injury on the job. Contact us today at 702-463-2900 to schedule your free consultation.
Immediately Report The Injury To Your Employer
The first step you should take when you are injured on the job is to report the injury to your employer. Your employer must be informed of your injury so that it can open a case against its workers’ compensation insurer and that a claim for benefits can be filed. If you fail to timely report the injury, you may not be eligible for benefits.
Seek Emergency Care Authorized By Your Employer’s Insurance Company
The next step is to seek emergency care from a medical provider authorized by your employer’s workers’ compensation insurance company. If you require hospitalization, it is important that the hospital be one approved by the insurer. Otherwise, your claim for benefits may be denied and you will likely have to pay out of pocket for medical costs associated with your care.
Contact Our Workers’ Comp Attorneys In Henderson For A Free Case Evaluation
Having a team of experienced and knowledgeable attorneys on your side when seeking workers’ comp benefits is essential. The Henderson Workers’ Compensation Lawyers at Benson & Bingham Accident Injury Lawyers, LLC have been representing injured workers like you for more than 20 years. We can help evaluate your claim and advise you on the best course of action to take in order to be fully compensated for your injuries.
File A C-1 Form For Your Employer & A C-4 Form To Begin With The Workers’ Compensation Claim
To begin the workers’ compensation claim process, you need to file a C-1 form with your employer and a C-4 form with the Nevada Department of Business and Industry, Workers’ Compensation Section. The C-1 form notifies your employer of your injury and provides them with information about the workers’ compensation process. The C-4 form begins the official workers’ compensation claim and initiates an investigation into your injury.
Determine A Fair Settlement For Your Injuries If Your C-1 & C-4 Forms Are Denied
If your C-1 and C-4 forms are denied, you may need to negotiate a settlement with your employer’s insurance company. It is important to seek the guidance of an experienced workers’ compensation attorney to help you determine a fair settlement for your injuries. Your attorney will review the details of your case and help you negotiate a settlement that covers your medical expenses, lost wages, and other related costs.
Mediate & Negotiate To Resolve The Workers’ Comp Claim
When it comes to negotiating a fair settlement, our experienced attorneys have the skills and knowledge needed to handle all aspects of your claim. We can help you mediate with the insurance company in order to resolve issues quickly and efficiently. Our goal is to ensure that you receive a just compensation for your injuries.
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Why Hire Our Henderson Work Accident Lawyers?
We’ll Provide The Legal Representation You Need For Any Work Accident Injury Claim
At Benson & Bingham Accident Injury Lawyers, LLC, our team of experienced Henderson Workers’ Compensation Lawyers are committed to providing you with the legal representation and support needed to successfully pursue your workers’ comp claim. We understand how an injury can disrupt your life, so we strive to make the process as simple and stress-free as possible. We will handle all of the paperwork, answer any questions you have and fight for your rights to receive a fair settlement.
Benefits You’re Entitled To In A Workers’ Compensation Claim
Medical Treatment Costs
If your C-1 Form is approved, you may be entitled to receive compensation for any medical treatment costs associated with your injury. This includes hospital visits, doctor’s fees and prescription medications.
Future Medical Expenses
You may also be entitled to receive compensation for any future medical expenses you may incur as a result of your injury. This includes ongoing treatment costs, such as physical therapy visits or counseling sessions.
Temporary Total Or Partial Disability Payments
If your injury prevents you from returning to work immediately, you may be eligible for temporary total or partial disability payments. These payments are designed to cover any loss of wages that you have incurred as a result of the injury.
Permanent Partial Disability Payments
If your injury results in a long-term disability, you may be eligible for permanent partial disability payments. These payments will cover any loss of wages due to diminished earning capacity or inability to return to work at the same level of income.
Permanent Total Disability Payments
Finally, if your injury results in a total disability, you may be eligible for permanent total disability payments. These payments will cover all of your income needs and allow you to focus on recovering from your injury.
Death Benefits For Dependents In The Case Of Death
If the injury results in death, dependents of the deceased may be eligible to receive death benefits. These benefits are designed to cover any final medical expenses and create financial security for surviving family members.
Meet Our Experienced Team Of Lawyers
At Benson & Bingham Accident Injury Lawyers, LLC, we are committed to providing you with the legal representation and support needed to pursue a successful workers’ compensation claim. Our knowledgeable attorneys have extensive experience handling all types of workplace accidents and will fight for your rights to receive a fair settlement. If you or someone you know has been injured in a workplace accident, contact us today for your free consultation. We are here to help you get the compensation you deserve.
Meet the AttorneysHenderson’s Preferred Work Injury Law Firm
Client Testimonials
I suggest using Benson & Bingham if you’re in need of an injury accident attorney! They have an amazing staff and made the entire process easy and stress free handling my case with compassion and a remedy of great efficacy!
I picked this place and I’m so glad that I did. Ida was very helpful and professional. If I had questions they were answered. I would definitely use them again in the future and I would definitely recommend them to anyone. Thank you for your service I appreciate it.
What I love about Benson & Bingham, especially from my attorney, Lina, I felt informed and cared for my health. She made sure I was ok at all times through my injury. I hate I had the accident, but it was comforting to know I was well taken care of.
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Award-Winning Workers’ Comp Attorneys Serving Henderson
Recent Settlements & Victories:
Benson & Bingham have represented clients of all backgrounds in their pursuit of workers’ compensation benefits. Our attorneys have achieved numerous victories and settlements on behalf of our clients. We are committed to fighting for your rights and obtaining the compensation that you need to get back on your feet after a workplace accident.
Total Recovered Personal Injury Cases
Benson & Bingham has successfully recovered a total of $500,000,000.00 on behalf of our clients in personal injury cases. This includes cases involving workers’ compensation, wrongful death, medical malpractice, car accidents, and more.
Casino Construction Accident
Benson & Bingham successfully recovered $550,000.00 on behalf of a client who was injured in a construction accident at a casino. Our attorneys fought to ensure that the client received proper compensation for their injuries and expenses incurred due to the accident.
Forklift Accident
As top-rated Henderson workers’ compensation attorneys, Benson & Bingham recovered $300,000.00 on behalf of a client who was injured in a forklift accident. This settlement covered medical expenses, lost wages, and other damages incurred due to the accident.
Visit Our Workers’ Compensation Law Firm Near You
Las Vegas, NV 89123
We have offices located throughout the state of Nevada, so you can easily find us near you. If you are in Henderson, we are here to help. Contact our experienced workers’ compensation attorneys today to set up a free consultation and learn more about how we can help you obtain the justice and compensation that you deserve after an on-the-job injury.
Understanding Workers’ Compensation Law
A Quick Look at Workers’ Compensation Claims
You have the right to workers’ compensation when you suffer an injury at work. In Nevada, every employer with at least one employee must carry workers’ compensation insurance to provide vital protection in the event of an accident. Nevada workers’ compensation offers coverage for any medical bills associated with your injury, from the immediate trip to the hospital (often in the back of an ambulance) to long-term care for more serious injuries. You can also receive 2/3 of your income from workers’ comp while you recover from your injuries. If you suffer a permanent disability as a result of your injuries, you may continue to receive disability payments until the age of 70: 2/3 of your monthly income at the time of your accident. You may also seek partial disability payments if you suffer a permanent disability that does not prevent you from working completely, but does cause lifelong disability and limitation. Speaking to a skilled Henderson personal injury attorney can help walk you through this process.
Workers’ Compensation Is A No-Fault System
The Nevada workers’ compensation system is a no-fault system, meaning that you do not need to prove that anyone was at fault in order to receive compensation. In fact, it does not matter who caused the accident or if you were partially at fault – as long as your injury occurred while on the job and within the scope of your work duties, then you are likely covered. This makes it easier for you to get the compensation that you need without having to go through a lengthy court battle.
Statute of Limitations For Workers’ Compensation In Nevada
Like all other personal injury claims, there is a statute of limitations for workers’ compensation in Nevada. This means that you have a limited amount of time to file your claim. In general, you must file your workers’ compensation claim within one year of the date of your injury; otherwise, you may lose your right to seek compensation.
You Have The Right To Return To Your Job After An Injury
When you are injured at work, it is important to remember that you have the right to return to your job after you have fully recovered. This is true even if your employer terminates your employment while you were out of work due to an injury. Your employer must offer you a comparable position when you are able to return, and they cannot discriminate against you in any way.
Were You Injured At Work?
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Common Injuries In Workers’ Compensation Claims
You may suffer injuries at work in a variety of ways, from construction accidents or slips and falls to auto accidents. The severity of the accident may have a substantial bearing on the extent of your injuries. Common injuries include:
Slip-and-Fall Accidents
Slip and fall accidents are one of the most common causes of injury in the workplace. These can include trips or slips on wet or otherwise hazardous surfaces, such as broken stairs or uneven sidewalks. Falls can also occur if you are not provided with adequate safety equipment, such as ladders or guardrails.
Crushing Damage & Broken Bones
Crushing damage and broken bones can occur in workplace accidents involving heavy machinery or falling items. These types of injuries can include fractures, sprains, dislocations, or other serious broken bones.
Amputations & Severe Lacerations
Amputations and severe lacerations can occur in many occupations, including construction or industrial work. These injuries may involve the loss of a limb or severe lacerations from machinery or contact with sharp objects.
Spinal Cord Injuries
Spinal cord injuries can be among the most serious and debilitating of workplace accidents. These may include paralysis as well as severe back pain, numbness, and loss of feeling. No matter the type or severity of your injury, you should always speak to an experienced workers’ compensation attorney.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can be caused by an accident that causes a jarring or violent blow to the head. These can cause a variety of cognitive and physical symptoms, including headaches, dizziness, confusion, and memory loss.
Burns, Including Chemical Burns
Burns can occur in many workplaces and may include chemical burns caused by contact with dangerous chemicals or other substances. These injuries can be very painful and can require intensive medical treatment and physical therapy.
Sprains & Strains
Sprains and strains can occur in any workplace if you are lifting heavy objects or performing repetitive motions. These injuries may cause pain, swelling, and stiffness in the affected area. If you have sustained any of these or other injury while on the job, then you may be entitled to workers’ compensation benefits.
Frequently Asked Questions On Workers’ Compensation
How Much is a Typical Workers’ Compensation Settlement?
The amount of a workers’ compensation settlement will depend on the nature and severity of your injury. In general, most settlements are calculated based on a percentage of your wages prior to the injury, as well as any medical expenses incurred. Your lawyer can help you calculate an appropriate settlement amount in your particular case.
How Is a Workers’ Compensation Claim Different From a Personal Injury Claim?
Personal injury claims and workers’ compensation claims start with an injury, but they may look very different—especially in terms of the compensation you receive.
- You can file a workers’ compensation claim only while you suffer injuries in the course of your job duties. You cannot file a workers’ compensation claim if you suffered injuries at your place of employment while off the clock. In the case of injuries sustained off the clock, you have the same right to a personal injury claim as any other member of the population. It does not matter if you suffer an injury at your place of employment or in another location while completing your job duties: for example, if you suffer an injury while making a delivery for your employer, you can still claim workers’ compensation.
- Workers’ compensation does not offer payment for pain and suffering. In a personal injury claim, pain and suffering often nets a higher settlement than other factors. In a workers’ compensation claim, you cannot claim pain and suffering, which may limit the funds you can receive. You can, however, receive compensation for pain and suffering if you file a personal injury claim outside the workers’ compensation settlement: in a product liability accident, for example, you may have the right to file a personal injury claim, including the associated pain and suffering.
- It does not matter who caused your accident. In a personal injury claim, you will only receive compensation if another party caused your injuries. If you contributed to the accident, including horseplay or violence in a premises liability claim or distraction in an auto accident, you may lose your right to file for compensation or have your compensation reduced accordingly. In a workers’ compensation claim, it only matters that you suffered your injury at work, while on the clock.
- Workers’ compensation benefits may limit the physicians and therapists you can use for your treatment. Often, workers’ compensation insurance will work with specific providers in your area. In a typical personal injury claim, you have the right to choose your provider for treatment. Workers’ compensation, on the other hand, may offer a much more limited list of physicians. You may need to follow specific guidelines to have workers’ compensation pay for your treatment.
What Should I Expect At A Workers’ Comp Appeal Hearing?
If you are appealing a decision regarding your workers’ compensation claim, then you should expect to appear before an administrative law judge. The hearing will include testimony from both sides and may involve argument from counsel. Ultimately, the judge will review all of the evidence presented in order to make a final decision on the case.
Do You Need An Attorney To File A Workers’ Compensation Claim?
Yes. In many cases, even when injured workers follow company policy they don’t receive the compensation they deserve without turning to an attorney. But call a workers’ comp lawyer especially if:
- The insurance company will not approve the treatments you need. Some insurance companies drag their feet when the time comes to approve expensive procedures, including surgeries. The insurance company may not agree to pay for the physical therapy your physicians say you need, or it might deny coverage for needed procedures. If you find yourself struggling to get workers’ compensation to pay for the treatment you need for your injuries, contact an attorney as soon as possible so that you can get that much-needed treatment and get on your way to recovery.
- You have a preexisting condition that the company claims contributes to your symptoms. In some cases, you may struggle to prove that the damage to your body comes from a specific accident at work. If you need help providing your claim, working with an attorney can help get the results you need.
- You have to deal with permanent disability and/or inability to work because of your injuries. In the case of permanent disability or disability that will permanently impact your ability to work, work with an attorney to ensure that you fully understand your rights and the compensation you deserve for those injuries.
- The insurance company denied your claim. If you face a workers’ compensation claim denial when you suffered injuries at work, you need an attorney to help fight for the compensation you deserve. An attorney can help provide proof of how the accident occurred and negotiate with the insurance company to get the coverage you need.
What Should I Do If My Workers’ Compensation Claim Was Denied?
If your workers’ compensation claim has been denied, then you should speak with an experienced lawyer as soon as possible. Your attorney can review the circumstances of your case and determine if there is a basis for an appeal or other recourse. In some cases, a settlement may be negotiated to avoid further litigation.
What Is The Cost of Hiring a Workers’ Compensation Lawyer In Henderson?
The cost of hiring a workers’ compensation lawyer in Henderson varies depending on the nature and complexity of your case. Many attorneys offer free consultations, so it is best to speak with several firms before making a decision. Additionally, many lawyers work on a contingency basis, meaning that they only get paid if you win your case. This can be an attractive option for many claimants who may not be able to afford the cost of an attorney’s fee up front.
What If My Employer Does Not Have Workers’ Compensation Insurance?
If your employer does not have workers’ compensation insurance, then you may be eligible to pursue a lawsuit against the company. In this case, it is important to speak with an experienced attorney who can help you understand your rights and the best way to proceed. Additionally, some states offer special funds for injured employees of uninsured employers. Your lawyer can help you determine if this is an option in your case.
How Can A Henderson Workers’ Compensation Attorney Help Me?
A Henderson workers’ compensation attorney can help you understand your rights and determine the best course of action when it comes to pursuing a claim. Your lawyer can review your case, advise you on the applicable laws, and represent you in any hearings or negotiations. Additionally, an experienced attorney can help ensure that you receive the compensation that you deserve for your injury. By working with an experienced attorney, you can ensure that your case is properly handled from start to finish.
Read More On Workers’ Compensation Inside Our Personal Injury Blog
Call Benson & Bingham’s Workers’ Comp Attorneys for Help
If you need an attorney after an injury at work, we can help. Contact Benson & Bingham Accident Injury Lawyers, LLC today at 702-463-2900 to schedule your free consultation.