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Nevada Workers’ Compensation Lawyer

Every year, millions of Americans are injured on the job. According to the U.S. Department of Labor, there were over 2.8 million non-fatal workplace injuries in 2017. Often, these injuries cause workers to miss time from work, causing them to suffer tremendous financial strain and stress.

Workers’ compensation is designed to help workers after an injury. Still, many employees don’t realize what benefits are available to them. If you suffer an on-the-job injury, the attorneys at Benson & Bingham Accident Injury Lawyers, LLC can help you secure compensation for the full cost of your injuries.

Nevada’s Laws on Workers’ Compensation

Every state has different laws when it comes to workers’ compensation. These laws outline workers’ rights as well as their responsibilities, and also detail certain obligations that all employers have to their employees.

In Nevada, an employer is required to hold workers’ compensation insurance if it has one or more employees. When an employee is hurt on the job, that person has seven days to report the injury. At this point, the employer has six days to file a report with the appropriate insurance company. The insurance company then has 30 days to either accept or deny the claim.

If your workers’ compensation claim has been denied, the legal team at Benson & Bingham Accident Injury Lawyers, LLC can help you determine whether you have the right to appeal. Moreover, we can help you with the application, greatly reducing the likelihood of a denial and the need to go through an appeal.

Common Injuries

Depending on where you work and what you do, workplace injuries can range from minor cuts and scrapes to serious life-threatening injuries. That’s why it’s important to know your rights when it comes to filing a workers’ compensation claim. If you have questions regarding a Nevada workplace injury, an experienced attorney can help. Common workplace injuries include:Work Related Injury Lawyer

  • Repetitive stress injuries: Repetitive stress injuries are some of the most common on-the-job injuries in Nevada. While commonly associated with office positions and skilled trades, repetitive stress injuries, like carpal tunnel, are common among hospitality workers, specifically card dealers. Carpal tunnel occurs when pressure is put on the median nerve in the wrist, causing pain and numbness. Physical therapy and medication can help these injuries, but in some cases, injured individuals may need surgery.
  • Sprains, strains, and tears: Your muscles and ligaments support your bones and allow you to move. A sprain occurs when the ligaments connecting your joints are overextended. While a sprain affects the ligaments, a strain affects the muscles. In many cases, strains and sprains will heal on their own, requiring limited medical intervention. If the injury results in a tear, a doctor may recommend physical therapy, medication, or surgery.
  • Traumatic brain injuries: A traumatic brain injury (TBI) occurs as the result of a sudden hit or penetrating wound to the head. This can cause the person to lose consciousness. In some cases, symptoms of a TBI may not present until days after the injury. While many TBIs go away with no lingering effects, in some cases, a person may experience dizziness, headaches, memory problems, or sensory issues.
  • Broken bones: Broken bones are often the result of a fall or a crush injury. For minor injuries, the break may heal on its own. For more severe cases, the patient may require surgery. A broken bone can cause long-term pain and can affect mobility.

Compensation for Your Injuries

If you suffer an injury on-the-job, seek compensation for your injury. That said, workers’ compensation is not a personal injury claim. You cannot sue your employer for negligence. Nevada’s laws outline compensation available to injured employees. While the amount you receive will depend on the specific circumstances of your case, some of the most commonly included damages include:

  • Medical bills: Under Nevada law, your employer has the right to choose which physicians you may see after an injury. In some cases, your employer may allow you to choose your doctor. As long as you visit an authorized physician and follow the doctor’s recommendations, 100 percent of your medical care will be covered by your employer’s insurance. This includes doctor visits, medical transportation, surgeries, medication, and rehabilitation.
  • TTD or TPD: Temporary total disability (TTD) covers lost wages if your injury causes you to miss at least five consecutive days from work. The amount that you will receive in TTD will be equal to two-thirds of your average monthly wage. You will continue to receive this amount until the doctor clears you to return to work. If the doctor recommends you return to work on light duty or part-time, you may be eligible for temporary partial disability (TPD). These payments are meant to offset any lost income due to your partial disability.
  • Vocational rehabilitation: In some cases, your injury may be so severe that you are unable to return to the job that you held before your injury. If this is the case, your employer may be required to provide vocational rehabilitation. Vocational rehabilitation is designed to help you find a new job that will pay you a similar wage to what you were making pre-injury. This training may include college, technical school, or special courses.
  • Disability (PPD or PTD): At some point in your care, your doctor will determine that you are medically stationary. This means that they do not foresee your condition getting any better or worse. At this point, the doctor will give you a disability rating that will be used to calculate your permanent partial disability (PPD) or permanent disability (PTD).

Frequently Asked Questions – Workers’ Compensation Claims

What is Workers’ Compensation?

Answer: Workers’ Compensation is a state-regulated insurance program designed to protect employees injured on the job. Injured workers are covered under this program and have a right to income and medical benefits for work related occupational injuries sustained while working.

Does my employer have Workers’ Compensation insurance?

Answer: While there are limited exceptions to the rule, generally yes, your employer is mandated under the State of Nevada to provide employees with Workers’ Compensation benefits. These same benefits also extend to the employer.

Who is eligible to make a Workers’ Compensation claim?

Answer: Any employee or employer who is injured during the course and scope of their employment.

What if my injury is a result of my own fault?

Answer: The State of Nevada Workers’ Compensation insurance program is a no-fault based program. In other words, it does not matter if your injuries on the job were the result of your own actions, you still maintain rights to a claim. However, coverage does not extend to an employee who intentionally injures themselves or injuries suffered while the employee is under the influence of drugs or alcohol.

What type of on-the-job injuries give rise to a Workers’ Compensation claim?

Answer: Employees who are injured on the account of their own or somebody else’s negligence. This also extends to and includes injuries from continued or repetitive motion such as lifting or carpal tunnel from typing, slip and falls, trip and falls, falling objects, electrical injuries, muscle and ligament sprains and strains, sickness due to harmful exposures, and even psychiatric or emotional harm. Catastrophic injuries such as paralysis, burns, loss of limb, loss of sight, loss of hearing, those left remaining in a vegetative state, and death are also covered under a Nevada Workers’ Compensation claim.

What accidental benefits are covered under Workers’ Compensation?

Answer: Pursuant to NRS 616A, accidental benefits that are covered include medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices. Injured employees also have a right to wage loss while incurring time off work resulting from an on the job injury thereby allowing the employee to maintain a standard of living.

What steps does an employee need to take in order to open up a Workers’ Compensation claim?

Answer: If you were injured on the job, you have a right to medical benefits and lost income. It is important to note that the employee must take time sensitive steps to ensure that their rights are protected. Do not let your rights pass you by due to missing a timeline or relying on the information provided by your employer. Benson & Bingham Accident Injury Lawyers, LLC can assist you with your financial benefits and ensure that injured workers timely produce forms and documentation to receive the highest award possible.

Contact Benson & Bingham Accident Injury Lawyers, LLC to Learn More About Your Rights

After a workplace injury, it’s natural to feel confused and overwhelmed. Don’t let these feelings prevent you from getting proper care and adequate compensation. Nevada’s workers’ compensation laws are designed to protect workers in the event of an accident. An experienced workers’ compensation attorney can help you navigate the process, ensure you receive all of the benefits for which you are eligible, and advise you on the steps you need to take to get back on your feet.

If you need help with your workers’ compensation claim, the legal team at Benson & Bingham Accident Injury Lawyers is here to help. Contact our office at (702) 382-9797 or visit us online for a free consultation.

Review: 5/5
★ ★ ★ ★ ★

“Philip Cuartas was excellent in helping me in my case. He is bilingual and answered all of my questions and always kept me up to date with the details of my case! He was very professional, I highly recommend Benson and Bingham! This is an excellent law firm. Thank you!” -Blanca O.

Benson and Bingham