Las Vegas Workers’ Compensation Attorneys
Dedicated legal help when you’re injured on the job
Accidents and injuries can happen when you least expect them – including while on the job. Workplace accidents can cause serious injuries that are painful, expensive, and take you out of work temporarily or permanently. In today’s economy, loss of a paycheck plus medical bills puts most people in a tenuous financial place. Workers’ compensation can help you secure the benefits you need.
At Claggett & Sykes Law Firm, our Las Vegas workers’ compensation lawyers help you through the legal process and secure the results you need to overcome your injuries and recover as quickly as possible. We work hard to obtain maximum financial compensation for every client. With decades of experience and successful case outcomes, you need some of the top workers’ compensation attorneys in Las Vegas on your side. Contact us today for a consultation.
Quick Questions
- What is workers’ compensation?
- How does workers’ compensation work in Nevada?
- What kinds of injuries are covered under workers’ compensation?
- How do I file a workers’ compensation claim in Las Vegas?
- What happens if the insurance company denies my claim?
- Can I see my own doctor after a Las Vegas workplace accident?
- Why hire a lawyer for a workers’ compensation claim?
What is workers’ compensation?
American workers suffer injuries on the job every day. In 2019 alone, 2.8 million employees experienced non-fatal workplace injuries, with manufacturing leading the way for the most accidents. Our attorneys also help workers injured in construction site accidents, as well as Amazon warehouse accidents. We are also proud to help our local police officers, firefighters, and other first responders navigate the difficult workers’ compensation process when they are hurt on the job. Workers’ compensation is simply the legal framework that provides injured workers medical treatment, compensation, and retraining. Unfortunately, this system is extremely complex and has many pitfalls for the unwary injured worker.
Workers’ compensation benefits in Nevada can pay an injured employee for a variety of past and future related losses. The exact amount available will depend on the specific factors of your case, such as the severity of your injuries and the medical care required, as well as your age and average monthly wage at the time of the injury. In general, the types of benefits available, however, remain the same from worker to worker:
- Medical and health care benefits
- Temporary, or total disability wage benefits
- Permanent partial disability compensation
- Vocational rehabilitation or new job training
- Death benefits, if applicable
Nevada’s workers’ compensation laws provide lifetime reopening rights in certain cases which allows an injured worker to reopen a closed case at any time in the future. If the employee’s condition deteriorates, they can reopen a settled workers’ comp case to pursue additional benefits. Lifetime reopening rights are only granted if certain requirements are met during the original claim—which is why it is important to have an experienced workers’ compensation attorney handle your claim. In a personal injury claim, on the other hand, it is normally not possible to reopen a closed case, even if the plaintiff’s condition worsens.
How does workers’ compensation work in Nevada?
All employers in Nevada who have at least one employee must purchase workers’ compensation insurance. Workers’ compensation is a no-fault system. This program is intended to create a quick and efficient system for injured workers to obtain benefits without having to prove fault, while also protecting employers from liability lawsuits.
If you get injured while on the job in Las Vegas, you don’t 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. However, you must still prove, among other things, that your injury occurred in the course and scope of your employment and that the injury arose out of your employment. Ultimately, the injured worker has the burden to establish that the claim should be covered, and numerous laws govern whether an insurer is required to accept a claim. The simple fact that you were at work when you got injured is usually insufficient to get your claim accepted.
On the other hand, you would need to prove negligence, to file a personal injury claim. In certain cases after an on-the-job injury, 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 statutory employer or statutory employee. Generally, to also pursue a personal injury claim you would need to establish a claim against a third party, such as a product manufacturer (if a defective machine caused your injuries, for example) or someone other than your employer or co-employee who may have contributed to causing the accident.
What kinds of injuries are covered under workers’ compensation?
Nevada’s workers’ compensation laws make it possible for employees who are injured on the job to receive benefits. The list of covered injuries is extensive. There is no minimum or maximum injury severity required to qualify for coverage, either. The amount awarded in a settlement at the end of the claim, 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:
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Occupational illnesses, including diseases and cancer caused by asbestos, are also covered. Other types of diseases caused by overuse, like carpal tunnel syndrome, or degenerative disc disease, might also be covered under an occupation disease claim in the workers’ compensation system
The attorneys at Claggett & Sykes Law Firm can talk to you in more detail about this coverage.
How do I file a workers’ compensation claim in Las Vegas?
If you suffer an occupational injury in Las Vegas, the first step to pursue workers’ compensation benefits is reporting your injury as soon as possible to your employer. Fill out an incident report, called a C-1 Form, 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. Under Nevada law, you have seven days after your work injury to complete the C-1 form. But you should notify your employer as soon as the injury occurs.
Next, go to a hospital or other medical provider as directed by your employer. If they do not send you anywhere you should still see a medical provider on your own. 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 on your employer’s approved list, provided by their insurance company. Ask your employer if there is a specific physician you must see in a non-emergency.
You will also need to complete a C-4 Form, called an Employee Claim for Compensation. 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. The insurance company has 30 days to investigate and accept or deny your claim.
In the event your claim is denied or delayed, it’s always a good idea to consult with an experienced workers’ compensation attorney quickly to find out your options. There are strict deadlines to act if your claim is denied and a workers’ compensation lawyer can make sure you meet those deadlines.
What happens if the insurance company denies my claim?
If the response from the insurance company is negative, never 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 an appeal.
Your lawyer can follow the legal requirements for requesting a workers’ compensation appeals hearing on your behalf. These hearings are handled by the Nevada Department of Administration’s Hearings Division. You must fill out and submit the request for hearing form, which you can obtain from the Division of Industrial Relations website. You must attach to the form a copy of your denied workers’ compensation claim letter, within 70 days of the date on the letter.
An attorney can strengthen your appeal using copies of your medical records, letters from your doctor, pay stubs, testimony from you and other witnesses, 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. The attorneys at Claggett & Sykes can help with every stage of the complicated appeals process.
Can I see my own doctor after a Las Vegas workplace accident?
The rule on whether or not you can see your own doctor for a workers’ compensation case changes from state to state. Here in Nevada, the law generally requires that you choose an approved doctor from your employer’s list of approved doctors.
For a valid claim and to secure benefits, you typically must visit an authorized medical provider. 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.
Why hire a lawyer for a workers’ compensation claim?
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. At Claggett & Sykes Law Firm, our team works tirelessly to build a strong claim for you.
Las Vegas workers’ comp lawyers on your side
If you were recently injured on the job, 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. Call 702-333-7777 or fill out our contact form today to set up a free consultation in our Las Vegas offices.