Workers' compensation is an area of law encompassing any and all injuries a person suffers on the job, or in the course and scope of employment. Typically, if the owner of the business is the “at-fault” party, then the exclusive remedy under Nevada Law is the workers' compensation system.
According to the latest census information , Nevada has around 3 million residents with most of the population (roughly two-thirds or 2,114,801 living in Clark County). Thus, the bulk of injuries and claims are made in Southern Nevada. As one might suspect, many of the injuries sustained are in the manual labor force and those doing industrial, mining, or construction jobs. According to the US census, nearly 10,605 building permits were issued in Nevada, thus the construction industry is continuing to ramp in Nevada. In 2014, Nevada had 42,031 employer establishments with total employment of 797,871 persons. The pool of injury victims is very large. Suffering an injury at work can cause significant pain and suffering, as well as many other physical and mental challenges. You likely know that workers’ compensation should pay for injuries you sustain at work and help supplement your lost income during your recovery period, but you may struggle to get compensation for the full cost of your injuries. Furthermore, you may feel that the amount offered by your company is insufficient for your medical needs. If you’ve sustained serious injuries while at work, you need to consult an attorney who can help you navigate the complex world of Las Vegas workers’ compensation claims. Contact Benson & Bingham today at (702) 382-9797 to set up your free consultation.
If you suffered a serious injury at work, whether one that requires multiple surgeries, results in paralysis, or causes traumatic brain injury, you need a lawyer who will fight on your behalf. Benson & Bingham provides dedicated service to help you seek compensation for the full cost of your injuries. We have extensive experience working with a wide range of personal injury cases, and we’ve recovered more than $127,000,000 for our clients in past cases. While we cannot guarantee a favorable result in your case, we can promise to fight hard to enforce your rights and secure compensation for your injuries.
In 2001, Nevada switched from SIIS or “the State Industrial Insurance System” a government compensation program, to insurance privatization; thus, employers are required to buy and cover their employees with insurance coverage for injuries, death, or disease caused by employment. SIIS was phased out because it was basically bankrupt in handling the claims. In true, capitalistic form, Nevada decided to hand it over to the private sector. Now, all of Nevada employees are covered under Chapter 616A of the Nevada Revised Statutes and private insurance.
Workers’ compensation claims are different than personal injury claims. To understand how workers’ compensation claims work, consider the following common questions:
Workers’ compensation injuries encompass any injury that occurs while you’re on the job, including those sustained from:
Slip and fall accidents, which cause more than 39 percent of all construction site deaths per year, according to the Occupational Safety and Health Administration
Getting struck by an object, the number two cause of construction site deaths, at more than 8 percent
Electrocutions, which cause more than 7 percent of workplace fatalities per year
Crushing damage from heavy equipment or collapsing structures, which account for more than 5 percent of job site deaths per year
Back injuries, including spinal cord damage and paralysis
Auto accidents if you sustained an injury while driving as part of your job
When it comes to filing for workers’ compensation, who caused the accident generally does not factor into the equation. If you suffered injuries at work, your employer bears liability for those injuries in most cases. Workers’ comp is a fault-free system and doesn’t decrease compensation based on liability.
Often, we find that workers' compensation merges with a 3rd party claim where both cases can simultaneously be pursued. A consultation with our firm is important to distinguish when this should be done; additionally, if were working with an out-of-state victim who was working in Nevada during the injury, Benson & Bingham can work with a workers' compensation attorney in your home state, if desired. Often we handle cases for flight attendants, electricians, and other workers who may have an accident or incident while on the job, but someone else is liable for their injuries.
Usually, workers' compensation claims are the exclusive remedy to the injured party. This means that the system is the only way compensation may be awarded. No other remedy at law exists to make a person whole. Because of this system, clients may be limited in the ultimate recovery, but there are ways to increase values on claims. Patients are often “rated” and this rating is used to evaluate the ultimately recovery. Navigating this system is not as easy as it seems, and there are ways to increase values based upon treatment and diagnosis options that clients often overlook or fail to explore. Thus, it is key to get a skilled Las Vegas workers' compensation attorney on your side.
Nevada’s system is run by the [. While they can answer some basic procedural questions, they are limited in giving out legal advice.
Every private employer in Nevada, under Nevada law is required to carry state mandated Workers' Compensation insurance. However many potential clients injured on the job begin their search online for a Workers' Compensation attorney and inadvertently divulge private information to either an out-of-state law firm or lead generating firm only to have that out-of-state entity refer their case to a local Nevada attorney. While they may make claims of having attorneys on staff, most are not members of the Nevada State Bar and cannot represent you with your claim. To practice law in Nevada you must be licensed in Nevada!
Under each State, there are Workers' Compensation timelines and nuances which differ from state to state. An employee who is injured on the job must abide by the governing statutes enacted by the state. Further, your treating provider or doctor must be an approved Workers' Compensation provider. At Benson & Bingham, we are intimately familiar with the stringent guidelines surrounding Workers' Compensation injuries in Nevada. We have identified and are well aware of approved providers and their tendencies to provide favorable or unfavorable recommendations for an injured worker. An out-of-state entity will have a difficult time identifying or naming any of the approved doctors in Nevada. At the inception of your case we can assist you to get the most out of your work injury.
In a traditional personal injury case, most people seek to recover compensation for pain and suffering, along with other expenses associated with the accident. In a workers’ compensation case, however, you cannot seek compensation for pain and suffering or other non-economic damages. You can, however, request that your employer and/or its insurance company:
Pay all medical bills associated with your accident. In some cases, a workers’ compensation settlement may include possible future medical expenses as well as the current medical expenses from your accident.
Offer compensation for your lost wages. Typically, workers’ compensation does not compensate you for the full amount that you would have received had you worked during your injury period. Instead, insurance companies generally offer sixty-six and two-thirds (66 2/3%) of your average wage monthly as part of your payout. Nevada also has a cap for the maximum amount that you can receive each month while you need temporary disability.
Offer assistance that will allow you to return to work. You may, for example, need to return to work with fewer hours or with devices in place to offer assistance so that you can complete your job tasks while recovering from your injuries.
People often assume that they will receive workers’ compensation automatically when they suffer an injury while at work. In some cases, the insurance company may automatically issue those much-needed payments. In other cases, however, you may struggle to get the help and compensation that you need. For example, the insurance company may:
Dispute the severity of your injuries. In some cases, the insurance company may attempt to prove that your injuries are less severe than you claim or that you had preexisting injuries separate from your workplace accident. Many insurance companies will allege that you have pre-existing degenerative issues that are the cause of your injuries, even though you never had any prior symptoms of pain before your injury. The insurance company may have doctors on its payroll who downplay the severity of your injuries or try to push you to return to work sooner than you feel physically able after your injury.
Attempt to change the conditions of your return to work. Your doctor may decide that you can return to “light duty” work, but your employer’s definition of “light duty” may differ from your doctor’s.
Push you to return to work, denying you your benefits. You should return to work as soon as you feel ready, but not before then. In some cases, however, the insurance company may push you to return to work too early which sometimes results in further injury. You also may return to work on light duties which results in a decrease in salary as well as the amount of compensation that they must pay you.
When it comes to workers’ compensation claims, you may need help understanding your rights to avoid missing out on important compensation for your injuries. It’s important to remember the following:
You have the right to an attorney. An attorney can help you better understand the rights associated with your specific injury and how much compensation to expect.
You have the right to return to your job after an injury. In most case, you will not lose your job due to an injury that was not your fault. In some cases, your employer may attempt to deny needed accommodations; however, you have the right to accommodations that make it possible for you to return to work. If an injured worker is put on permanent work restrictions, an employer is not forced to find a permanent job for the employee. If an employer does not have a permanent job, then the injured worker may qualify for vocational rehabilitation benefits.
You have the right to obtain an outside medical evaluation. If you disagree with the doctor assigned to you by workers’ compensation or if you feel that your doctor has acted in the best interests of the company, rather than in your best interests, you have the right to seek an outside evaluation from another doctor. An injured worker has the right to transfer their care to another treating physician on the insurance company’s list within 90 days of the date of injury. There may be instances where the right to an Independent Medical Examination may be invoked.
Did you suffer injuries in an accident at work? There are immediate timelines which must be adhered to, if you miss them you may miss out on the opportunity to file a claim! Do not wait! If you have been injured while on the job do not hesitate to contact the experienced legal team at Benson & Bingham for a free personal case evaluation to better understand your injuries and your specific concerns. Often, we accept our clients on a contingent fee basis. Ready to get started? We have convenient locations throughout the State, and can assist in your matter with a simple phone call or email. At Benson & Bingham, we protect injured Nevadans. Contact Benson & Bingham online or by calling (702) 382-9797.
Did you Know: Between 2004 and 2019, Benson and Bingham settled over $135,000,000 for their clients.