Each day, thousands of Reno workers show up at their place of employment and work hard to keep tourism and other industries alive. However, sometimes these workers become injured on the job. When this happens, they turn to the Nevada Workers’ Compensation program. If you’re suffering from a workplace injury and need compensation for your medical expenses and lost wages, a Reno Workers’ Compensation Lawyer can help you understand the process.
Immediately after being injured, it is important to report the injury to your employer. Go directly to your supervisor to provide all the information needed for them to file a thorough report. Include the date and time of the injury, the names of any witnesses or people involved, and how the injury occurred.
Whether you feel it is necessary or not, seeking medical care as soon as possible following the injury is one of the best ways to get the compensation you deserve. A thorough medical evaluation and a treatment plan will go a long way in assisting your lawyer with the case.
Most workmans’ comp lawyers in Reno offer a totally free initial case consultation where you can discuss the details of the situation and learn about the legal options available to you without being pressured to hire their services. Benson & Bingham will determine if you have a valid case and how to move forward.
When filing workmans comp claims, it is vital that the correct process is followed to ensure the claim is processed quickly. Forms C-1 and C-4 provide authorization for medical examination and treatment, which guarantees payment to the medical provider for your care. Let our Reno workers’ comp attorneys help you complete the forms correctly.
Your workers’ compensation claim will not proceed until the proper forms are completed by your physician within 3 days of treatment. If the claim is denied, you will need the help of a Reno workers’ compensation law firm to ensure you still get the compensation you are fighting to receive.
With the help of an experienced law firm like Benson & Bingham Accident Injury Lawyers, LLC, you will be able to rest and recuperate from your injuries while our legal team fights on your behalf for the compensation you need. We make sure all factors are considered as we negotiate for a fair settlement.
With so many things to remember throughout the process of filing a workmans’ compensation claim, it is wise to seek guidance and legal counsel from an experienced law firm. Benson & Bingham is dedicated to protecting your rights and ensuring you get the compensation you deserve. Schedule a free consultation with our legal team today to learn more about our services and how we can help you.
When most people think of a workmans’ compensation claim, they equate it with getting their medical bills paid. They may not realize they are entitled to so much more, including their lost wages, future treatment relating to the injury, and pain and suffering. Working with a licensed compensation attorney near you in Reno is the best way to receive maximum compensation for your injuries.
Any costs for your medical treatment from the time of the injury to the time your claim is processed can be covered by your settlement. This includes any emergency services you needed at the time and the evaluation or treatment you received immediately following the injury.
Your settlement will also include the coverage of any future medical treatment. Physical therapy, counseling, rehabilitation therapy, and subsequent surgeries relating to the initial injury are all considered as your lawyer negotiates for a fair settlement. This is why a full medical evaluation is necessary.
Individuals who suffer an injury while in the workplace can receive either temporary partial disability or temporary total disability compensation. This means they are injured and unable to return to work in any capacity until they have fully healed from their injuries.
The permanent partial disability settlement is based on a scale where the doctor assigns a certain percentage of ability to the injured body part after it has healed as much as it can given the injury, which determines how much the individual is still able to work.
The permanent total disability settlement is paid out in cases where an individual is no longer able to work due to their injuries. It typically applies in situations where the person lost a limb, lost their eyesight, or has paralysis as a result of a spinal injury.
If someone dies as a direct result of a workplace injury, their loved ones are entitled to compensation. The death benefit is typically set at 50% of the state’s average weekly wage, but is never allowed to exceed the decedent’s actual wages at the time of their death.
At Benson & Bingham Accident Injury Lawyers, LLC, we fully understand the turmoil and confusion faced after a workplace injury. Not only are you facing physical recovery, but you are also dealing with financial stress from missed hours of work and lost wages. As experienced Reno accidental injury attorneys, Benson & Bingham is equipped to fight passionately for your rights as we negotiate for a fair settlement and help you navigate the process of filing a claim. Click below to learn more about our legal team or to schedule a free, no-obligation consultation with us today!Meet the Attorneys
Over the past 20 years, Benson & Bingham Accident Injury Lawyers has successfully recovered over $500 million in settlements for clients facing all types of injuries, including injuries in the workplace. Our representation is strategic and thorough as we negotiate on your behalf!
Casinos are one of the biggest tourist attractions in Reno, and their construction process has great potential for causing injury to its workers. Our Reno personal injury law firm has helped a client recover $550,000.00 in damages.
We aided an injured worker from a forklift accident in obtaining $300,000.00 in damages covering medical treatment, recovery, and lost wages. Count on Benson & Bingham to relentlessly advocate for you, securing the highest possible compensation.
With a variety of convenient locations throughout Reno, Benson & Bingham is readily available to offer counsel as soon as you have been injured. We understand Nevada law inside and out, and how to apply it in a variety of cases to ensure a successful outcome for you and your loved ones. Let us negotiate with difficult employers on your behalf!
Filing the correct paperwork in a timely manner can be a more difficult task than anticipated, especially if you have been severely injured in the workplace. You may be facing an emergency surgery as a result, along with extensive recovery time and follow-up care. Our Reno workers’ compensation lawyers at Benson & Bingham are ready to fight for you, handling every aspect of the process with ease so you can focus on rest and recovery while we work toward the best outcome.
Workers’ comp claims are part of a no-fault system, according to Nevada employment law. The no-fault system means that the injured employee is entitled to receive compensation without needing to prove fault against the workplace. The employee is responsible to file the correct claim in order to receive compensation, so be sure to work with a reputable lawyer.
Any injuries received in the workplace must be reported within 7 days. Your doctor must sign off on the treatment through a specific form within 3 days of evaluating you, and you must turn in the form within 90 days of the injury being received in order to be considered a valid claim for compensation.
Even after you have been injured in your workplace, you have the opportunity and the right to return to the same job. Your compensation settlement is dependent on your ability to return to work, so if you do not return you may not be entitled to receive the weekly benefit check. Be sure to check with your lawyer about your specific case.
A person may slip and fall for any number of reasons including parking lot potholes, loose carpeting or rough transitions, unkempt floors, or freshly washed floors. Compensation covers ambulance ride, emergency room visit, hospital stay, X-rays, surgery, and prescription medication.
Crushed limbs or broken bones can occur from a slip and fall, a construction accident, or vehicle collision. You are entitled to receive maximum compensation when a taxi accident injury requires extensive recovery or causes a permanent disability requiring treatment and care indefinitely.
Employees are often injured in hotel and casino-related incidents, or on construction sites, which can lead to amputation or lacerations. Consult with a lawyer to file a claim for treatment from a specialist who can help injured individuals regain functions lost from an injury, as well as assistive devices, such as wheelchairs, crutches, walkers, canes, and prosthetic limbs.
Whether your spinal cord was injured through a slip and fall, crushing injury, or wearing improper equipment while lifting something, you are entitled to be compensated for missing work from the taxi accident, hospitalization, treatment, and recovery.
With the growing population of vehicle traffic and pedestrians, traumatic brain injuries are very common and can cause lifelong difficulty for the victim. Compensation includes coverage for when a catastrophic injury prevents an accident victim from returning to his or her job or seeking gainful employment
Burns and scalds are commonly seen in the food industry and can occur from hot cooking oil, boiling water, spilled coffee, and electrical shocks. You are entitled to a settlement!
Whether occurring from a slip and fall, moving too quickly to serve guests, or being in a collision with a taxi, sprains and strains are eligible for workers’ comp claims.
The United States Department of Labor’s Bureau of Labor Statistics reported the following information based on 2017 figures:
Most full-time employees spend at least one-third of their day at work, often more. This explains the common occurrence of workplace injuries and illnesses. At least 30,000 Nevada workers per year sustain injuries or suffer illness in the workplace, according to the Nevada Department of Business and Industry.
If you work in Reno and sustained an injury or developed an illness on the job, you most likely have rights under Nevada law to receive substantial workers’ compensation benefits. Unfortunately, having those rights and receiving the benefits you deserve do not always go hand-in-hand.
Here are answers to some of the most frequently asked questions we receive from Reno workers about workers’ comp claims. For answers to questions about your rights after sustaining a work-related injury or illness in Reno, contact the experienced Reno workers’ compensation lawyers at Benson & Bingham Accident Injury Lawyers, LLC, today, for a free case consultation.
As explained by the Nevada Department of Industrial Relations, workers’ compensation is a no-fault insurance program that provides benefits to employers who are injured on the job and protection to employers who have provided coverage at the time of the injury. With some exceptions, anyone in Nevada who hires at least one employee must provide workers’ compensation insurance with coverage in place from the moment the employee is hired. Workers’ compensation benefits that the employee is entitled to receive include:
Employers who have provided coverage at the time of their employee’s injury are protected from any other damages claimed by the employee in relation to their work-related injury. In other words, workers’ compensation (or comp) is insurance purchased by your employer to cover you against the costs of work-related injuries or illnesses. Your employer purchases workers’ comp insurance for you, and cannot ask you to pay for it yourself. The insurance covers you against the costs of all job-related injuries and illnesses, no matter how they happened or who caused them.
If you’re injured in a workplace accident, you should seek medical treatment immediately. After that, the process for obtaining workers’ compensation benefits includes the following steps:
“While the workers’ compensation program is a no-fault system designed to provide benefits to workers injured on the job regardless of how or why the injury took place, there are some reasons why a claim would be denied. The most common reasons for a denial include:
While both types of claims are focused on recovering the maximum amount of compensation for an injury received accidentally, there is one big difference between workers compensation claims and personal injury cases. Personal injury claims are based on finding which party is most at fault and must be held liable to pay for the injuries received. Workmans’ compensation claims fall under the no-fault category, which means that fault is not a relevant piece of the case. Nobody is considered to be at fault in a workers’ comp claim, so the settlement and compensation process is typically processed more quickly.
If you have received an accidental injury but are uncertain about whether it could fall in the personal injury claim or workmans’ comp claim category, consult with an attorney to discuss the situation.
A workers’ compensation appeal hearing resembles an informal court trial. Instead of a judge, a hearing officer presides. No court reporter takes a transcript. The person appealing the claim denial typically gets about 10 to 15 minutes to present a case for overturning the claim decision.
Workers (or, better, their attorneys) can use that time to present evidence and witness testimony, and to make arguments in their favor. Workers who live too far outside of Reno or cannot attend a hearing in person may arrange to attend via telephone. The worker should receive the hearing officer’s decision via mail approximately 10 days after the hearing. If the hearing officer denies the workers’ comp claim again, the worker can pursue another round of appeals.
Again, we urge any Reno worker who has received a workers’ comp claim denial to seek the help of our experienced attorneys.
No. Although workers’ compensation benefits pay for necessary medical treatment related to a workplace injury or occupational illness, that is not all. Workers’ compensation insurance also pays disability-related benefits. The amount of benefits a worker might receive depends on the severity and nature of the worker’s injury or illness and long-term prognosis.
Temporary disability benefits replace some of a worker’s lost wages during recovery from a workplace illness or injury. Permanent disability benefits provide compensation for workers who have reached maximum medical improvement but still have a permanent injury or condition that limits their ability to work.
Spouses of workers who die because of a job-related injury or illness can also receive death benefits and reimbursement for funeral expenses.
Under Nevada law, a workers’ compensation insurance company must send written correspondence within 30 days of receiving a claim for benefits notifying the worker of acceptance or denial of a claim. If the carrier denies the worker’s claim for benefits, then the worker has the right to appeal that decision.
Appealing a claim denial involves a somewhat-complicated process that resembles, in many ways, filing a lawsuit. We urge Reno workers who want to appeal the denial of a workers’ comp claim to seek experienced legal representation from our Reno workers’ compensation attorneys. Attempting to pursue an appeal on your own can easily result in mistakes that cost you important rights to workers’ comp benefits.
As with any legal case, you can expect to pay a portion of your settlement amount to your lawyer in return for their services. You can typically plan to pay about 20% of the total settlement amount to your lawyer after the claim has been processed and closed. Remember that you will receive a free initial case consultation to discuss the case before hiring legal services, and in most cases, if the law firm cannot win the case, you will not owe a single penny.
At Benson & Bingham, it is never our goal to price gouge and take advantage of your situation! Instead, we work diligently as we negotiate on your behalf to receive the highest possible settlement amount, and we offer a variety of flexible payment plans to our clients.
In Nevada, injured employees must notify their supervisor/employer of a workplace injury or occupational disease within seven days of injury or discovering the health condition. However, if you did not notify your employer until after the seven-day cutoff, you should still file a workers’ compensation claim.
Injured workers have valid reasons for not immediately notifying their employer of an injury or illness. Examples include working out of town, your supervisor was on vacation, or you were hospitalized and couldn’t talk. Speak with the experienced Reno workers’ compensation insurance attorneys at Benson & Bingham Accident Injury Lawyers, LLC, to learn about your rights.
The short answer is yes. One way employers avoid large claims against their workers’ compensation insurance coverage is by offering injured workers a light-duty position that the worker can do even with medical restrictions. If your employer offers you a light duty role, in almost all circumstances you must take the position, even though that may result in you no longer qualifying for wage replacement (i.e., disability) benefits.
Nevada law does not require your employer to offer you a light duty position. If you give your employer the physical restrictions set by your doctor, and your employer does not give you a light duty role, then you can seek wage replacement benefits totaling two-thirds of your average monthly wages before the injury or illness (in most cases).
“Every claim is different, but our general advice is that it is better to be safe than sorry, and you should call us for help with your claim. Having an experienced lawyer on your team can make a world of difference in whether you obtain the benefits you deserve. Some instances where having legal representation may help include:
If you have questions about the workers’ compensation process or your claim has been denied, we would be happy to provide guidance. We also serve clients in Lake Tahoe, Sparks, and Carson City. Contact us online or by calling (775) 600-6000 to schedule your free consultation and case review.