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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. Often, we find that workers' compensation merges with a 3rd party claim where both cases can simultaneously be pursued. Consultation with our firm is important to distinguish when this should be done, and often we can work with a workers' compensation attorney in your home state. 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.
Under workers' compensation law, Victims are not allowed to pursue the damages of “pain and suffering” but are instead limited to only medical expenses and wage loss as their recovery. Because of this, workers' compensation claims are not extremely valuable, and often must be repaid back for benefits acquired when a 3rd party claim is pursued. It is extremely important to understand the rules of the state where the victim’s employer is headquartered before settlement of any 3rd party claim is completed.
Benson & Bingham handles all workers' compensation matters large or small. Whether the on-the-job injury is a finger amputation or a back surgery, to injuries so devastating it may limit life long working, we are happy to assist in getting the most for the injury under the state mandated system. 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. In true, capitalistic form, 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.
Often, 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.
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.
Nevada’s system is run by the State of Nevada Department of Business & Industry (DIR). While they can answer some basic procedural questions, they are limited in giving out legal advice.
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, 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 entity 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.
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 Benson & Bingham for a personal case evaluation. 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.
Did you Know: Benson & Bingham was selected as a Best of Las Vegas 2016 Winner in the category lawyers by the Las Vegas Review-Journal, the city’s longest running reader’s choice awards.