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Have You Been Injured In At Work?

Here Are The Steps To Take:

If you suffered a serious injury at work, you need an injury lawyer who will fight on your behalf. The Las Vegas Workers Compensation Lawyers at Benson & Bingham Accident Injury Lawyers, LLC provide dedicated service to help you seek compensation for the full cost of your work-related injuries. We have extensive experience working with a wide range of personal injury cases, including securing injury claim settlements in LV, and we’ve recovered more than $500 million 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.

Report The Injury To Your Employer

The first thing you should do after being injured at work is to report the injury. You will need to go to your boss to let them know exactly what happened and ensure an exact report is on file. They will need to know the of events and the names of anyone who saw the injury occur.

Report The Injury To Your Employer In Las Vegas
Notify Your Las Vegas Auto Insurance Company
Seek Medical Assistance Authorized By Your Employer’s Insurance Company

If it is an emergency, 911 must be contacted right away and the medical staff must be informed that the injury is work-related. If you do not need emergency treatment, you must still be medically evaluated in order for your workmans’ comp claim to be successful. The professional medical record will go a long way in assisting your lawyer with the case.

Initiate A Free Consultation With a Worker’s Compensation Attorney In Las Vegas

Most Las Vegas personal injury lawyers offer a free consultation where you can discuss your situation without being pressured to hire services or make a quick decision. Benson & Bingham Personal Injury Lawyers, LLC will determine if you have a valid case and can help you through the process of filing a workman’s compensation claim.

Initiate A Free Consultation With a Worker's Compensation Attorney In Las Vegas
Our Lawyers Will Help Document Details About The Incident & File A C-1 Form
File A C-1 Form For Your Employer & Begin The Workers’ Compensation Claim With A C-4 Form

It is vital to follow the correct steps when filing a workman’s comp claim to ensure your medical treatment is covered. 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. The C-1 form will notify your employer about your injury, while the C-4 form begins the official process. A worker’s comp claim cannot start until the C-4 form is completed by your physician within 3 days of your medical treatment.

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 need a competent Las Vegas workers’ compensation claim lawyer on your side to fight for your right to have your injury treatment covered by your employer’s insurance. 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.

Determine a Fair Settlement For Your Injuries If Your C-4 Is Denied
Mediate & Negotiate To Resolve The Worker's Comp Claim
Mediate & Negotiate To Resolve The Worker’s Comp Claim

There are many factors and complexities involved in workmans’ comp claims that can make it difficult to reach a fair settlement on your own. With the help of an experienced law firm like Benson & Bingham Accident Injury Lawyers, LLC, you can rest and recuperate from your injuries while our legal team fights on your behalf for the compensation you deserve.

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Why Hire Our Las Vegas Work Accident Attorneys?

Seek The Legal Help You Need For Any Work Accident Injury Claim

Suffering an injury at work can cause significant pain and suffering, as well as many other physical and mental challenges. 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 workers’ compensation claims. Contact Benson & Bingham Accident Injury Lawyers, LLC today at (702) 382-9797 to set up your free consultation.

What Benefits Can I Receive Through Workers’ Compensation?

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 Las Vegas workers’ compensation case, however, you cannot seek compensation for pain and suffering or other non-economic damages. In Las Vegas and throughout the state, workers’ compensation insurance provides the following benefits for injured or sick workers:

Medical Treatment Costs

You are entitled to receive compensation for the total cost of any necessary medical treatment.

Future Medical Expenses

Future expenses including therapy, rehab, and subsequent surgeries can be covered.

Temporary Total Or Partial Disability Payments

You can be compensated with regular payments if you are temporarily disabled.

Permanent Partial Disability Payments

If you are facing permanent partial disability, you could be entitled to payments.

Permanent Total Disability Payments

Workers who are permanently unable to work are eligible for compensation benefits.

Death Benefits For Dependents In The Case Of Death

If someone dies as a result of injury, their loved ones can receive compensation.

Meet Our Experienced Team Of Lawyers

At Benson & Bingham Accidental Injury Lawyers, LLC, we understand the difficulty and turmoil you have faced as a result of your work injury, and the battle you are enduring as you recover. We believe you deserve to be fully compensated for your pain and suffering, and our Las Vegas accidental injury attorneys are equipped to fight passionately for your rights as we help you file a claim and navigate the legal process. Schedule a no-obligation consultation with our legal team today to ensure an optimal outcome and maximum compensation for your workmans’ comp claim.

Meet the Attorneys
Joseph L. Benson and Ben J. Bingham

Las Vegas’ Most Trusted Personal Injury Lawyers

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!

Brandy Eliott ★★★★★

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.

Charissa Vanblerkom ★★★★★

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.

Sandra Burke ★★★★★

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Award-Winning Law Firm in Las Vegas

Recent Settlements & Victories

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Total Recovered In Personal Injury Cases

$500,000,000.00 $500,000,000 In Settlement For Personal Injury Cases

Benson & Bingham has successfully recovered $500 million for clients facing all types of personal injury and workmans’ comp claims over the past decade. No matter how complex your case or injuries may be, we provide strategic, thorough representation.

Casino Construction Accident

$295,000.00 $295,000 Settlement Achieved In A Casino Construction Accident

Casinos are highly popular in Nevada, and their construction process has the potential for a variety of workplace injuries. Recently, our personal injury law firm in Las Vegas helped a client recover $295,000 in a casino construction accident.

Forklift Accident

$165,000.00 $165,000 In Settlements Achieved In A Forklift Accident

Workers injured in a forklift accident could be entitled to receive up to $165,000 in compensation for their medical care. You can trust Benson & Bingham to fight tirelessly for you to be fairly represented while you rest and recover.

Benson & Bingham Law Firm's Main Entrance

Visit Our Worker’s Compensation Law Firm Near You

Map Of Nevada
Map Of Nevada
626 S 10th St
Las Vegas, NV 89101

As soon as you have been injured, contact our lawyers to schedule a no-pressure consultation. We know Nevada law inside and out, and can skillfully apply it to a variety of workmans’ comp cases to achieve a successful outcome for you and your loved ones. We believe employees carry extensive rights in the workplace and will confidently negotiate with difficult employers on your behalf.

Understanding Worker’s Compensation Laws

When it comes to workers’ compensation claims in Las Vegas, you may need help understanding your rights to avoid missing out on important compensation for your injuries. It’s important to remember the following:

Workers’ Compensation Is A No-Fault System

Workers’ Compensation Is A No-Fault System

According to Nevada law, workers’ compensation claims are part of a no-fault system. This means that the injured employee is entitled to receive compensation without needing to prove fault against their workplace. The employee is responsible for filling a claim in order to receive compensation.

Statute of Limitations For Worker’s Compensation In Nevada

Your injury must be reported within 7 days. You will need your doctor to sign off the initial treatment through a specific form, and you will need to have the form turned in within 90 days of your injury in order to make a valid claim. It’s important to note that this process adheres to the Nevada statute of limitations for worker’s compensation cases.

Statute of Limitations For Worker's Compensation In Nevada
You Have The Right To Return To Your Job After An Injury

You Have The Right To Return To Your Job After An Injury

Your workers’ compensation settlement is dependent upon your ability to return to work. If you do not return, you may not be entitled to receive the weekly benefit check. If you have concerns about returning to the workplace, be sure to speak with your lawyer.

Were You Injured At Work?
Contact Our Lawyers Today For A Free Consultation

Common Workplace Injuries In Las Vegas

Slip-and-Fall Accidents

Slip and fall accidents can occur for a number of reasons including parking lot potholes, loose carpeting, unkempt floors, recently washed floors, and more. Employees who slip and fall can face a variety of injuries.

Workplace Electrocutions

Wearing faulty or defective gear is a top cause of electrocution related incidents in the workplace. You are entitled to compensation if you were injured by electrocution in the workplace.

Heavy Machinery Injuries

As a growing city, Las Vegas is constantly facing new construction projects, with the potential for employee injury as a result. Objects falling from great heights is a common cause of injury or death.

Hotel and Casino Worker Injuries

Employees are often injured in hotel and casino-related incidents including violent guests, recently washed floors, slip and falls, and more. You are entitled to compensation if you have been injured while working in a casino.

Construction Site Injuries

Construction sites are notoriously dangerous, with injury risk from falling objects, large machinery, tools and saws, and more. Contact an attorney right away if you have been injured while working on a construction site.

Burns & Scalds

Commonly seen in the food industry, burns and scalds can occur for any number of reasons. Hot cooking oil, boiling water, spilled coffee, and electrical shocks are all common causes of burn injuries in Las Vegas.

Auto Accidents

With the large population of vehicle traffic and pedestrians, injury-causing accidents are extremely common. Companies including Uber and Lyft are held liable for any injuries caused to their employees while they are transporting passengers.

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Frequently Asked Questions On Worker’s Compensation

How Much is a Typical Workers’ Compensation Settlement?

The exact amount of compensation you are entitled to receive for your injuries varies greatly. The average workers’ compensation settlement ranges between $2000 and $40,000, but each case carries unique factors and circumstances that determine exactly how much the injured employee is eligible to receive. With a reputable Las Vegas workers’ comp attorney on your side, you have the best chance at maximum compensation.

Who Is Responsible For My Las Vegas Work Accident?

Workers’ compensation insurance in Las Vegas covers employees regardless of who bears fault for a work-related injury or illness. 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. The trade-off for this blanket protection is that employers generally receive immunity from some economic damages, like pain and suffering.

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 ultimate 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.

In some rare exceptions, typically when an employer fails to purchase workers’ comp insurance or retaliates against an employee for filing a workers’ comp claim, the employee can take legal action against the employer for damages.

If the workers’ comp insurance company delays, denies or reduces your claim, you might consider filing suit against it to provide the coverage you deserve.

Often, we find that workers’ compensation merges with a 3rd party or personal injury claim where both cases can be simultaneously pursued. A consultation with our firm is important to distinguish when this should be done. Additionally, if we are working with an out-of-state victim who was working in Nevada during the injury, Benson & Bingham Accident Injury Lawyers, LLC 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.

What Should I Expect At A Worker’s Comp Appeal Hearing?

During the workers’ comp appeal hearing, you will present your case to the judge. They will hear your story and consider a variety of other factors to evaluate whether you are telling the truth and deserve compensation. It is important to be polite, truthful, and respectful throughout the duration of the hearing. You should also invest in a personal injury lawyer to ensure your rights are accurately represented.

Do I Need A Lawyer To File a Workers’ Compensation Claim?

Every private employer in Las Vegas and throughout the state must 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 Las Vegas 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!

Workers’ Compensation timelines and nuances 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 Accident Injury Lawyers, LLC, we are intimately familiar with the stringent guidelines surrounding Workers’ Compensation injuries in Las Vegas. We have identified and are well aware of approved providers and their tendencies to provide favorable or unfavorable recommendations for injured workers. An out-of-state attorney will have a difficult time identifying or naming any of the approved doctors in the area. At the inception of your case, we can assist you to get the most out of your work injury.

It should not be difficult for Las Vegas workers to obtain workers’ comp benefits. Unfortunately, sometimes it is. Employers and their insurance carriers sometimes deny perfectly valid workers’ compensation claims to avoid paying benefits to injured or sick workers.

A Las Vegas workers’ compensation attorney helps workers struggling with a job-related injury or illness obtain the benefits and compensation they deserve. Some ways an experienced Las Vegas workers’ compensation attorney can help include:

  • Investigating an injury or illness: Workers’ comp lawyers often investigate the accident or events that led to a worker’s injury or illness, to uncover the facts and evidence supporting a workers’ claim to benefits. This can include getting police reports, medical records, and statements from expert witnesses. An employer will often require employees to go to a specific doctor for care, but an attorney can often set a client up with a medical exam with an independent doctor, too, for a second opinion. Additionally, a skilled attorney may gather information about hazardous conditions and poor practices at a workplace to help show that work-related duties caused the injury or illness.
  • Negotiating with insurance companies: Workers’ compensation lawyers understand our state laws and how to deal with the questionable tactics and excuses that some workers’ comp insurance carriers use to deny claims. Lawyers are trained negotiators who know how to maximize an employee’s chances of receiving benefits and compensation. Insurance companies often avoid playing games when they know a sick or injured Las Vegas worker has an experienced attorney on board.
  • Representing workers in appeals: The law provides for an administrative appeal for workers to challenge the denial of a workers’ comp claim. Appeals typically involve preparing written submissions and attending administrative hearings. Although the state Department of Industrial Relations claims workers do not necessarily need attorneys to help them with appeals, workers run a high risk of losing out on benefits if they go without legal representation in the appeal process.
  • Litigating a case in court, if necessary: Experienced workers’ comp attorneys know when and how to take an injured or sick worker’s case to courts, to force insurance companies or third parties to pay the compensation workers need to put their lives back on track.

What Should I Do If My Workers’ Compensation Claim Was Denied?

If your workmans’ comp claim is denied, you still have a variety of options available to you. Your first step should be to consult with an attorney immediately, so they can speak with the insurer who denied your claim and uncover more information. Your lawyer will help you file an appeal within 30 days of receiving your denial letter, and will assist in gathering all the necessary documentation for your upcoming hearing.

What Is The Cost of Hiring a Worker’s Compensation Lawyer In Las Vegas?

While each law firm and attorney carries their own specific policies, you can typically expect to pay your lawyer between 15%-25% of your total settlement amount. For example, if you are awarded $40,000 in damages, your attorney could receive $6,000-$10,000 of that amount. It is important to communicate clearly with your lawyer so you know exactly what to expect.

What If My Employer Does Not Have Workers’ Compensation Insurance?

If you have been injured on the job and your employer does not carry workmans’ comp insurance, it is vital to contact an experienced lawyer right away. They will work diligently to negotiate the financial settlement you deserve, whether through the workers’ comp legal system or otherwise. Your lawyer will also ensure your personal rights are thoroughly represented, so that you can rest and recover from your injuries without stress.

How Can A Las Vegas Worker’s Compensation Attorney Help?

Filing a workmans’ comp claim independently is a risky move. With a lawyer on your side, you will be able to recover from your injury while they develop medical evidence to prove your claim, negotiate a settlement with your employer’s insurer, and represent you at the court hearing. An experienced attorney will ensure your legal rights are protected and represented.

Will Las Vegas Workers’ Compensation Pay Automatically?

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 duty which results in a decrease in salary as well as the amount of compensation that they must pay you.

Our Las Vegas workers’ compensation attorneys know how to fight insurance companies and help our injured clients obtain the benefits they need. We can protect you from being forced back into the workforce or from losing your job due to injury. We can even ensure that your employer is following all guidelines for helping you return to work. Call us today to see what we can do for you after a workplace injury.

What do I do when I get injured?

Providing your employer with notice of an injury is extremely important. Nevada law requires that you put your employer on notice of an injury within 7 days of your injury pursuant to NRS 616C.015. Your employer should provide you with a C-1 Form (Notice of Injury or Occupational Disease – Incident Report).

In order to actually open a claim for workers’ compensation, you must complete the C-4 Form (Employee’s Claim for Compensation/Report of Initial Treatment). The injured worker completes the top portion of the C-4 Form and a medical provider will complete the bottom half of the C-4 Form. Of importance, is you only have 90 days from the date of injury or knowledge of the onset of an occupational disease to file the C-4 Form.

Why is it taking a long time to determine if my claim has been accepted?

By law, the insurance company has 30 days after receiving the C-4 Form to make a determination as to accept or deny a claim. A claim determination letter will be sent to you in the mail with appeal rights. However, many times the claim determination letter does not include all of the body parts injured as accepted body parts. This can be an issue in the future when it comes to medical treatment authorization, which is why it is important to hire an attorney immediately so that all of the injured workers’ rights can be preserved.

If I am off of work due to a work injury, will I be paid?

When an injured worker is taken off of work for work related injuries, often times this puts a financial strain on the injured worker. If an injured worker is completely taken off of work and the claim has been accepted, temporary total disability benefits (TTD) will be paid to the injured worker. However, the TTD rate is only 66 2/3 of the injured worker’s average monthly wage.

When an injured worker is taken off of work with modified/light duty restrictions and the employer is not able to accommodate the work restrictions, then TTD benefits will be issued. However, if the employer is able to accommodate the work restrictions, then the injured worker will be returned to work.

Sometimes when an injured worker is accommodated, the rate of pay of the job offered is lower than the TTD rate. If this is the case, the injured worker would be entitled to temporary partial disability (TPD) benefits.

Why can’t I go to my own doctor for treatment?

Often times injured workers are sent to a quick care for medical treatment and do not receive the care and attention that is needed. Unfortunately, an injured worker cannot treat with any physician that s/he wants to. The injured worker must treat with a physician from a list of approved network providers from the insurance company. However, knowing which physician to choose is crucial to the medical treatment of the injured worker. An experienced attorney is knowledgeable when it comes to selecting a physician that is focused on patient care.

Why do I need an attorney?

The purpose of the workers’ compensation system is to get the injured worker back to where s/he was at before the injury. However, more often than not, injured workers are faced with roadblocks by the insurance company when medical treatment or benefits are not being properly provided to the injured worker. Understand that it is not the insurance adjuster’s responsibility to advise an injured worker as to when to file an appeal. Many of the insurance companies just want to hurry up and close a claim even when the injured worker needs continued medical treatment in order to save costs.

It is important to hire an attorney immediately because an injured workers’ rights can be affected within the first few days of an injury. Hiring an experienced attorney will allow the injured worker to focus on his/her medical treatment and move forward in the recovery process while the attorney advocates for the rights of the injured worker. Call Benson & Bingham Accident Injury Lawyers, LLC now to preserve your rights!

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