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? Benson & Bingham can help answer your questions and provide the legal support you need to seek compensation for your injury on the job. Contact us today at 702-600-6000 to schedule your free consultation.
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.
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.
Common Workers’ Compensation Injuries
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:
Do You Need an Attorney for Your 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.
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 today at (702) 382-9797 to schedule your free consultation.