If you sustained a workplace injury, you’re probably wondering how the workers’ compensation claim process works. Does it matter who caused the accident? Must you notify your employer of your condition? When do you need a workers’ comp lawyer? Our legal team at Eric Blank Injury Attorneys, workers’ compensation lawyers in Las Vegas, explains below. Call (702) 222-2115 (702) 222-2115 NOW to schedule a free consultation.
After your injury, you must inform your employer of the accident within seven days (preferably sooner). A delay in notifying your employer could disqualify you from benefits.
If your direct employer is unavailable, you can communicate with your manager, supervisor, or anyone above you. Stick to the facts and avoid arguments about who was at fault and what you or anyone else could have done to prevent the accident. You will also need to fill out an official incident report (a Notice of Injury or Occupational Disease) and possibly a report of any initial treatment you already received.
Additionally, you have 90 days to file your workers’ comp claim. This timeframe starts either from the accident or, in case your injury or illness had a gradual onset, from the time you experience illness- or injury-related effects and connect them to your job. The insurer then has 30 days to approve or deny your claim.
Families of workers who tragically lost their lives in a workplace injury have one year to file a claim.
In Nevada, workers’ comp is a no-fault insurance plan, meaning that injured employees are entitled to compensation no matter whose actions—their own, the employer’s, or a team member’s—led to the incident. Workers’ comp should cover damages for all work-related injuries, with a few exceptions, such as:
Keep in mind that, according to workers' compensation law in Nevada, generally, any employer who provides workers’ compensation for on-the-job injuries cannot be sued in court for a worker’s injuries. If an employer is properly insured, the law states that the injured worker must file a workers’ compensation claim to recover benefits. While some states allow an exception to the worker’s compensation exclusive remedy doctrine if an employee faces hazardous work conditions, Nevada does not. An exception is if an employer is not insured, the court will allow an injured worker to file an injury lawsuit against the employer.
If you suffer a severe injury, visit the ER and get urgent medical care. However, you should check what medical providers your insurer approves in any other situation. Workers’ comp insurers typically use authorized medical providers like an MCO (managed care organization) or PPO (preferred provider organization).
Injured workers in Nevada may expect to collect the following benefits:
Call a workers' comp lawyer if the insurer denies your claim or makes a settlement offer you consider unfair. A skilled workers’ compensation attorney can help you negotiate with the insurer and appeal decisions.
While you may choose to handle your workers’ comp claim on your own, an experienced workers’ comp attorney can protect your rights and improve your chances of getting the maximum possible compensation.
Insurance companies that provide workers’ comp coverage often try to pay injured workers as little as possible. Unscrupulous insurers may deny any connection between your condition and your job or send you to a company-approved doctor who instantly clears you for work.
A workers’ comp lawyer will:
Have you run into problems with your workers’ comp claim? Did your employer try to downplay the seriousness of your injury, or did you encounter an outright denial of claim? Contact our team at Eric Blank Injury Attorneys in Las Vegas. Our personal injury and workers’ comp lawyers have over 78 years of experience representing injured workers in Nevada. We provide compassionate, personalized representation you can count on.
For a free legal consultation about your Nevada workers’ comp claim, call (702) 222-2115 (702) 222-2115 NOW or fill out our online form. You only pay when we win. You can take that to the bank with Eric Blank.
Copyright © 2022. Eric Blank Injury Attorneys. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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