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Understanding Workers’ Comp in Nevada

How Long Does a Workers’ Compensation Claim Take? Benson & Bingham

Nevada law requires that employers with more than one employee have workers’ compensation insurance. Workers’ comp insurance is useful because it can pay for medical expenses, permanent disabilities or wages lost due to an injury that occurred at the workplace or during work-related activities. This article will help one understand what constitutes a work-related injury, steps on how to file, and possible compensations.

Common Injuries and Steps for Medical Attention

Nevada workers’ compensation insurance covers injuries that occur at work. This includes work-related tasks as well as errands and use of company vehicles.  Common injuries and proper medical and legal procedures are outlined below.

Traumatic injuries, such as broken bones and slip and fall incidents are most commonly covered by insurance. However, occupational injuries are also covered, which are injuries or illnesses that occur over a period of time. The top three leading causes of work-related injuries are overexertion and bodily reaction, slips, trips and falls, and contact with objects and equipment. These are responsible for more than 84% of all nonfatal injuries involving days away from work. Some other common injuries include:

  • Falling
  • Burns
  • Machinery Misuse
  • Fractures
  • Strain
  • Back injuries
  • Strain
  • Cuts and Lacerations
  • Inhaling Toxic Fumes
  • Carpal Tunnel

If you have any of the injuries listed above, you must contact your employer and medical provider. You must also notify your employer within seven days of the incident in writing.  Your employer can provide you with the necessary form to report your injury (Form C-1).

In the event of an emergency, you can choose any hospital to receive treatment. However, if your injuries are not serious and do not require immediate treatment, you must follow the workers’ comp guidelines for selecting a doctor or hospital. Your choices are often limited, and you must use a medical provider listed by your employer. If your employer does not have one of these lists, you may only select a doctor from a state-issued list of authorized medical providers, called the Panel of Treating Physicians and Chiropractors.

What To Do After Seeking Medical Attention

The most important part of filing a claim is ensuring that all the paperwork is done properly. This decreases the risk of the process being delayed or the claim being denied. When visiting the medical provider, it is critical to fill out the C-4 Employee’s Claim Form for Compensation/Report of Initial Treatment. The first half of the form is your responsibility to fill out. The medical provider or doctor is responsible for the second half of the form. If your injury prevents you from filling out the form, contact an attorney or trusted representative.

You will be notified whether your claim was accepted or denied within thirty days of your filing. Your benefits can range from medical treatment to compensation, rehabilitation services, or dependent payments if the victim is deceased. If the claim is denied, Nevada Law allows for the appeal and review of the claim. It is often in one’s best interest to contact a Nevada workers’ compensation lawyer for assistance with this process to ensure all your rights are met.

Benefits of Using a Lawyer

So how can a workers’ compensation attorney help? First, it is important to hire a specialist in this filed and not a jack-of-all-trades legal firm.  Workers’ compensation attorneys are better equipped to complete the paperwork and contact other parties involved in the process. They are also helpful when it is time to challenge or appeal the insurance company’s decisions and protecting the injured workers’ rights. Hiring an workers’ comp attorney can help avoid costly mistakes when filling out forms and can convince insurance companies not to fight the appeal and to simply pay out the benefits.

Possible Compensations

If you are temporarily injured, you can receive partial compensation for the wages you missed. These payments are two-thirds of your average monthly wages, and you can be paid up to four thousand dollars a month.

If you can return to work part-time or with modifications, you are eligible for Temporary Partial Disability Benefits. This option provides a similar amount of money as someone who is temporarily injured but can only be used for two years.

For partial disability, your doctor will evaluate you and assign a percentage to your overall impairment, from 1% to 100%. You will receive 0.6 percent of your income for every percent the doctor assigns. You will be eligible to receive this compensation until the age of 70; however, workers who are older than 65 will generally receive payments for five years and extensions if approved by evaluations from medical providers.

If you are found to be totally and permanently disabled, you will receive two-thirds of your average monthly wages for a time period as long as your doctor approves. Some examples of such injuries include complete blindness, paralysis, or severe brain injury. While other injuries may qualify, you must be able to prove that the injury hinders you from receiving employment.

[1] https://injuryfacts.nsc.org/work/work-overview/top-work-related-injury-causes/

[2] https://www.washoecounty.us/humanresources/Benefits/workerscomp.php

[3] https://www.alllaw.com/articles/nolo/workers-compensation/when-should-hire-lawyer.html

[4] https://www.attorneys.com/workers-compensation/how-to-appeal-a-workers-compensation-denied-claim

[5] https://dir.nv.gov/WCS/Home/

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