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Benson & Bingham Accident Injury Lawyers, LLC

Las Vegas Workers’ Compensation Lawyers

Benson & Bingham Accident Injury Lawyers, LLC Can Help with Workers’ Compensation Claims Large and Small

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. The Las Vegas Workers Compensation Lawyers at Benson & Bingham Accident Injury Lawyers, LLC 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 $165 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.

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. 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.

How Do Workers’ Compensation Claims Work in Nevada?

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. Thus,  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:

What types of injuries fall under workers’ compensation?

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
• Amputations
• Burns
• Back injuries, including spinal cord damage and paralysis
• Auto accidents while driving as part of your job

Who bears responsibility for accidents at work?

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 or personal injury claim where both cases can 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.

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.

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 Accident Injury Lawyers, LLC, 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 attorney 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.

What damages can I recover after an accident at work?

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.

Will 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.

What rights do you have with regards to workers’ compensation?

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.

Las Vegas Workers’ Compensation FAQ

Nevada’s Department of Business and Industry reports that more than 30,000 workers in the state get sick or suffer injuries on the job each year. A severe, job-related injury causes myriad life complications. Victims not only suffer physical and emotional pain, but have to cope with unforeseen expenses and lost wages.

Workers who sustain an on-the-job injury or illness should have a simple, quick path to receiving workers’ compensation benefits. For some, however, the process of obtaining workers’ comp benefits goes anything but smoothly. Below, we answer some of the most frequently asked questions we receive from clients and potential clients about Las Vegas workers’ compensation claims. For answers to questions specific to your workplace injury or illness, contact the experienced Las Vegas workers’ compensation attorneys at Benson & Bingham Accident Injury Lawyers, LLC, for a free case evaluation.

What is workers’ comp?

Workers’ compensation (workers’ comp for short) is a form of insurance that employers purchase to cover their employees against costs associated with workplace injuries and illnesses. Employers, alone, pay for workers’ compensation insurance. They cannot ask employees to pay for it. Workers’ comp covers employees against virtually all workplace injuries and illnesses, no matter whose unsafe actions or bad decisions caused them.

What benefits does workers’ comp provide?

In Nevada, workers’ compensation insurance provides the following benefits for injured or sick workers:

• Medical treatment costs
• Temporary total or partial disability payments
• Permanent partial disability payments
• Permanent total disability payments
• Death benefits for dependents in the case of death

Not all workplace injuries or illnesses entitle workers to receive all of the above benefits. Speak with an experienced Las Vegas workers’ comp attorney to determine what benefits you deserve.

How much are my workers’ compensation benefits?

Generally speaking, benefits cover any medically necessary treatment related to a workplace injury or illness. Additionally, if an injury or illness causes a worker to miss work for five days within a 20-day period, consecutively or cumulatively, then the worker generally qualifies for temporary total disability (TTD) benefits to make up for the worker’s lost wages. The TTD payment equals two-thirds of the worker’s average monthly wage before injury, up to a maximum of 150 percent of the state average monthly wage (as determined by Nevada law).

Worker’s compensation insurance carriers calculate an injured worker’s average monthly wage by including salary or wages, commissions, incentive pay, sick leave, severance, tips, vacation, holidays, and overtime. If the 12 weeks before an injury does not accurately represent a worker’s income, then the worker can dispute the amount and an insurance carrier may other methods to calculate TTD benefits.

How do I file a workers’ compensation claim?

Under Nevada law, the workers’ comp claims process begins when a workers’ comp insurance carrier receives a C-4 form (Employee’s Claim for Compensation/Report of Initial Treatment) from the physician who treats the injured or sick worker. The worker must partially complete that form at the first doctor visit for a workplace injury or illness—which also means that the worker must tell the doctor the injury or illness occurred in connection with work.

The doctor fills out the rest, and mails the form to the insurance company. By law, this must occur within 90 days of the worker sustaining the injury or within 90 days of the worker first noticing the health condition or illness. The employer’s workers’ compensation insurance carrier then has 30 days to accept or deny the claim.

My employer’s negligence led to my injuries. Can I sue?

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

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.

Speak with an experienced Las Vegas workers’ compensation lawyer to learn if one of these circumstances applies in your case.

Someone else’s negligence caused my injury. Can I sue?

Possibly. Employees may have the right to take legal action against a third party (someone other than an employer or coworker) for damages. This may occur, for example, if:

• An injury results from operation of defective machinery or equipment.
• An injury or illness occurred because of an unreasonably dangerous condition on a site owned by someone other than the employer, such as working in a building with dangerous mold or asbestos contamination.
• The injury results from the actions of a private citizen, such as when an employee driving a company vehicle suffers injuries in a traffic accident caused by a reckless driver.

A third party action may affect your rights to receive workers’ comp benefits, however. Be sure to discuss your workers’ comp situation with your attorney if a third party’s bad decisions or dangerous actions led to your job-related illness or injury.

How can a worker’s compensation lawyer help?

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 Nevada’s 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. Nevada 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 Nevada courts, to force insurance companies or third parties to pay the compensation workers’ need to put their lives back on track.

Contact Benson & Bingham Accident Injury Lawyers, LLC, today for a free case review.

Do You Need Legal Assistance Following an Accident at Work?

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 Accident Injury Lawyers, LLC for a free personal case evaluation to better understand your injuries and your specific concerns. Often, we accept our clients on a contingency 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 Accident Injury Lawyers, LLC online or by calling (702) 382-9797.

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Client Testimonial

“Choosing Benson & Bingham lawyer services was the best decision I made following my accident. I went to their office located downtown and the day I walked in the door I knew I would be in good hands. From the young lady at the front desk to my lawyer and her assistant, everyone was very kind, and compassionate. They treated me with respect and my lawyer had a lot of patience, which I’m grateful for. They kept me up to date every step of the way and explained,in detail, answers to any questions I had. I would recommend Benson & Bingham to anyone in need of help!”

Rating: 5/5 ⭐⭐⭐⭐⭐
Rendell J.
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