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An accident in Las Vegas can happen when and where you least expect it – including while at work. A workplace accident can cause serious injuries that are painful, expensive, and take you out of work temporarily or permanently.
At Claggett & Sykes Law Firm, our Las Vegas workers’ compensation lawyers can help you work through the legal process and fight for the results you need to move forward. We work hard to obtain maximum financial compensation for our clients. Call (702) 333-7777 today for a free consultation.
Workers’ compensation claims can be difficult processes, especially while you are also dealing with physical injuries and medical treatments. The insurance company responsible for your claim might not want what is best for you. This can make it difficult to obtain the financial compensation you deserve for your medical expenses, lost wages and other losses. It may be necessary to hire an attorney to represent you during your workers’ comp claim for fair results.
A Las Vegas workers’ comp attorney can help you recover the benefits you need while you focus on healing. Your attorney can investigate your workplace accident, collect any available evidence, interview eyewitnesses, hire qualified experts, consult medical professionals, handle the paperwork of your claim and negotiate for maximum compensation on your behalf. A dedicated attorney will work tirelessly to build a strong claim.
All employers in Nevada who have at least one employee must purchase workers’ compensation insurance. Workers’ compensation is a no-fault system that favors injured workers. Nevada’s workers’ comp program makes it easy for workers to recover while protecting employers from liability lawsuits.
If you get injured while on the job in Las Vegas, you do not have to gather evidence of negligence or carelessness to be eligible for compensation. Even if no one caused your accident, you could still receive benefits for your past and future losses. All you must prove is that the injury or illness was caused by your occupation. You would need to prove negligence, however, to file a personal injury claim.
After a workplace accident in Nevada, you may have grounds to file both a workers’ comp claim and a personal injury lawsuit. You may only recover through both systems, however, if you are bringing the lawsuit against someone other than your employer. You cannot accept a workers’ comp settlement and also hold your employer liable for your injuries. You would need to hold a third party liable, such as a product manufacturer or contractor.
If someone was careless or reckless and this gave you an injury at work, that person could be liable for your damages. It is not necessary to establish negligence, however, to recover workers’ compensation benefits in Nevada. Instead, the only elements needed for a valid workers’ compensation claim in Las Vegas are that:
If these facts are true, you will be eligible for financial compensation through Nevada’s workers’ comp system. For the most part, you should not encounter any problems proving your eligibility for benefits since you do not have to prove fault. If the insurance company tries to deny your claim or diminish your payout to save itself money, however, you may need an attorney to help you establish the elements of your case.
Nevada’s workers’ compensation laws make it possible for employees who are injured on the job to receive insurance benefits for most injuries. The list of covered injuries is extensive. There is no minimum or maximum injury severity required to qualify for coverage, either. The amount awarded, however, will vary according to the seriousness of the injury.
Almost any type of injury suffered on the job is covered under Nevada’s workers’ compensation system, including:
Occupational illnesses, including diseases and cancer caused by asbestos, are also covered. A workers’ compensation claim may also be an option for psychological harm done by an occupation, such as depression, anxiety or post-traumatic stress caused by job-related factors. If you can prove your mental health condition was caused by your job, you could receive compensation for related medical bills, psychological therapy, medications, lost wages and more.
Workers’ compensation benefits in Nevada can pay an injured employee for many past and future related losses. The exact amount available will depend on the specific factors of the case, such as the severity of the employee’s injuries and the medical care required, as well as if the injury caused disability. The types of compensation available, however, remain the same from worker to worker:
It is important to note that Nevada’s workers’ compensation laws allow an injured worker to reopen a closed case at any time. If the employee’s condition deteriorates, he or she can reopen a settled workers’ comp case to pursue additional benefits. With a personal injury lawsuit, on the other hand, it is normally not possible to reopen a closed case, even if the plaintiff’s condition worsens.
The rule on whether or not you can see your own doctor for a workers’ compensation case changes from state to state. In Nevada, the law requires that you choose an approved doctor from your employer’s list.
For a valid claim to financial compensation, you must visit an authorized medical provider. This could be a preferred provider organization (PPO), managed care organization (MCO) or health maintenance organization (HMO). The only exception is if your injuries constitute an emergency, in which case you are free to go to the nearest emergency room for medical treatment.
If you suffer an occupational injury in Las Vegas, pursue workers’ compensation benefits by reporting your injury as soon as possible to your employer. Fill out an incident report while the details of your accident are still fresh in your mind. List the names of anyone who witnessed what happened. Take photographs while at the scene of your workplace accident, if possible.
Next, go to a hospital. If your injuries constitute a medical emergency, you may go to any emergency room in Las Vegas for immediate treatment. Otherwise, you may have to go to a doctor or health care center that is on your employer’s approved list, provided by the insurance company. Ask your employer if there is a specific physician you must see in a nonemergency.
If your injury will force you to miss work, fill out an Employee Claim for Compensation. You will need to bring this form to your doctor to fill out his or her portion. Your doctor will then submit the finished form to your employer’s insurance company after your medical examination. An insurance company has 30 days to investigate and accept or deny your claim. If the insurance company accepts your claim, you should receive a check with benefits for your losses within two weeks.
If the response from the insurance company is negative, do not assume it is the end of your case. Many insurance companies issue wrongful claims denials in the hopes that clients will give up and forfeit their right to recover. Instead of accepting a denial without question, hire a workers’ compensation attorney in Las Vegas to help you with the appeals process.
Your lawyer can follow the legal requirements for requesting a workers’ compensation appeals hearing in Nevada for you. These hearings are handled by the Nevada Department of Administration’s Hearings Division. Before you can file an appeal, your employer must provide you with a Request for Hearing Form. You must fill out and submit this form, along with a copy of your denied workers’ compensation claim, within 70 days of receiving the rejection letter.
An attorney can strengthen your appeal using copies of your medical records, letters from your doctor, pay stubs and other types of evidence to support your claim. If your claim is still denied at the appeals stage, your lawyer can request a hearing on your behalf with an Appeals Officer. A lawyer can help you with every stage of the complicated appeals process.
If you were recently injured at work in Las Vegas, Nevada, the attorneys at Claggett & Sykes Law Firm can help you with the legal process. Although workers’ compensation is a no-fault system, you may encounter problems when seeking benefits, such as an insurance company wrongfully denying your claim.
Our workplace injury lawyers can help you fill out and submit a workers’ compensation claim, as well as negotiate with an insurance company for fair financial benefits. If we believe you have grounds for a personal injury claim, we can also represent you during a lawsuit in Clark County. We have years of experience taking cases to trial.
Discuss all the ways we can help you today. Request a free consultation online or by calling (702) 333-7777 24/7.
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