What to know about Workers Compensation Laws

Workplace injuries are to be expected regardless of the industry or occupation. In 2020 alone, Nevada employers reported 29,800 nonfatal workplace injuries and illnesses, according to the U.S. Bureau of Labor Statistics. Workplace injuries can impact more than a worker’s physical well-being. They can also result in very real financial losses and cause unnecessary and unexpected hardships on their family.

If you or a loved one was injured at work or as a result of your work in Nevada, you may be eligible for workers’ compensation. Below, we provide an overview of workers’ compensation, common workplace injuries, and how De Castroverde Personal Injury & Accident Lawyer can help you with your workers’ compensation claim.

What Is Workers’ Compensation?

Workers’ compensation, or workers’ comp as it is commonly called, is a no-fault insurance program that protects workers and provides benefits for those who are injured or become disabled while working at their jobs or because of their employment. Workers do not need to prove that the employer was at fault for the accident. It covers the costs of qualified injured workers’ medical care, a portion of their income while they recover from their injuries and other benefits.

Nevada law requires most private business owners who employ one or more individuals to obtain and maintain workers’ compensation insurance. The coverage provides business owners protection from future litigation and claims from injured workers. Employers who fail to get and maintain workers’ compensation insurance face fines up to $15,000, temporary closure of their business, and can be held financially liable for employees’ work-related injuries.

What Common Workplace Injuries Result in Workers’ Compensation Claims?

Work-related or workplace injuries occur from accidents or incidents that are due to or related to an individual’s work or employment. Because duties and hazards vary depending on the industry, workplace injuries can be as minor as a sprained wrist to catastrophic injuries such as paralysis or death.

Common workplace injuries include:

• Slip, trips, and falls, which can be caused by liquid and oil spills, icy steps, poor lighting, uneven walking surfaces, loose rugs or tiles, and missing or broken handrails.
• Motor vehicle-related injuries resulting from falling off or being struck by a moving vehicle or by objects on the car.
• Repetitive motion injuries, such as carpal tunnel syndrome, which are the result of repetitive activities, such as typing or routinely moving items in the same way.
• Fire and explosions, which can cause varying degrees of burns, disfigurement, and respiratory damage.
• Occupational illnesses, such as mesothelioma or lung cancer, are typically the result of exposure to hazardous conditions or materials that are a part of the job.

What Types of Benefits Are Employees Injured in Nevada Entitled To?

In addition to covering 100% of eligible employees’ medical treatment costs and a percentage of their income, Nevada workers’ compensation coverage provides eligible workers with several benefits, including:

• Permanent total disability: This is a monetary benefit paid to compensate injured workers when they can no longer work as a result of workplace injury.
• Permanent partial disability: This is a monetary benefit paid to an injured worker when the workplace injury results in a permanent disability, but the employee can work in another capacity for the same employer.
• Temporary total and partial disability: This is a monetary benefit paid to replace the injured employee’s wages while they recover from their injuries. After your recovery, you’re expected to return to work, performing either your original or modified duties, depending on your disability.
• Death benefits: These are awarded to dependents, such as spouses and children, of workers who die due to a workplace injury.
• Vocational rehabilitation: This includes state-sponsored job placement, education, and training programs for injured workers to pursue new occupations or learn new skills following an injury.
• Mileage reimbursement: This is a monetary benefit paid to reimburse you for the costs associated with traveling to medical and rehabilitation appointments with approved providers.

What To Do if You’re Injured on the Job in Nevada?

If you or a loved one suffer a workplace injury, following the two steps below can help you reduce the chance of delaying your workers’ compensation claim:

1. Report your injury to your employer as soon as possible and complete a Notice of Injury or Occupational Disease – Incident Report (Form C-1). The form should be completed within seven days of your accident or injury and submitted directly to your employer.
2. If your injury requires medical treatment or you have taken time off work to recover, once you’ve submitted the C-1 Form, you should seek medical care from a provider approved by your employer or their insurance carrier. You and the medical provider will complete an Employee’s Claim for Compensation/Report of Initial Treatment (Form C-4). The form must be submitted to your employer’s insurance carrier within three days of treatment and within 90 days of your injury or accident.

Your employer’s insurance carrier has 30 days to accept or deny your claim. If your claim is accepted, you’ll continue treatment and receive other benefits, depending on your injury. If your claim is denied, you can appeal the decision. An experienced workers’ compensation attorney can help you successfully navigate the appeal process and get you the compensation you deserve.

How Can De Castroverde Accident & Injury Help You With Your Workers’ Compensation Claim Case?

While filing a workers’ compensation claim is normally straightforward, a denial can delay your medical treatment and result in additional financial losses. The experienced and knowledgeable personal injury attorneys of De Castroverde Accident & Injury can assist you through the complicated appeal process and help you get the compensation you need and deserve.

We handle every step of the process, including corresponding with the insurance company and medical providers and gathering and filing all relevant documentation, notices, and appeals with the Nevada Department of Administration Hearings Division.

Our knowledgeable staff is here to help you, so don’t delay. Contact one of our bilingual and dedicated attorneys online or call 702-780-6457.

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