Unfortunately, far too many employees who suffer a work injury in Nevada do not realize the extensive and complicated process for recovering compensation. While the facts of your case might seem relatively clear to you, it is important to be fully prepared for the specific requirements imposed by Nevada law and what you must do to recover compensation for your injuries, time off of work, and temporary or permanent disability.
In the State of Nevada, all employers with at least one employee are required to carry workers’ compensation insurance. This insurance is in place to allow for review of your work injury claim and payment for compensable work-related injuries.
To be protected and compensable under Nevada workers’ compensation law, your injury must have occurred while you were working within the course and scope of your employment. Some examples include:
Workers’ compensation covers a broad range of different injuries that happen on the job but does not cover those associated with self-infliction following the termination of employment or due to intoxication from drugs or alcohol.
Work-related injuries can range anywhere from minor contusions following a slip and fall to injuries sustain over long periods of time, like carpal tunnel, to catastrophic spinal injuries. If you have suffered an injury at work, you may be entitled to recover your damages, but you must take the first step in filing a claim.
Filing a workers’ compensation claim could entitle you to vocational rehabilitation, physical rehabilitation costs, medical expenses, lost wages, and more. If your ability to perform certain physical tasks is effected by your injuries, you may also receive compensation for your disability—either temporary or permanent—as your injuries may negatively impact your ability to enjoy your daily life, engage in your favorite hobbies, or even perform your job duties.
There are four different primary types of disability compensation that may be recovered following a work-related accident: temporary partial disability, temporary total disability, permanent partial disability, and permanent total disability.
Temporary partial disability means that the employee is able to return to work but at a wage less than the temporary disability rate. TPD benefits are assigned to make up that difference.
Temporary total disability benefits are extended to an employee who is unable to work for five total days in a 20-day work period or five consecutive days.
Permanent partial disability refers to permanent loss of a degree of function that impacts your ability to work.
Finally, permanent total disability relates to a permanent condition; making you unable to return to work at all.
One of the most common issues affecting a workers’ compensation applicant is that the claim is denied the first time around. Without legal support, you might not realize that you have the right to appeal your claim. Instead, you might assume that the fact that you received a denial is indicative of your claim’s overall strength. If you choose not to file an appeal, this can block you from ever getting the funds needed to support you financially.
It is your responsibility to notify your employer as soon as possible about a work accident after it happens. Your next steps should be to get appropriate medical care and concentrate on your recovery and treatment.
You will need to fill out a notice of injury or occupational disease report no later than seven days after the accident and complete an employee’s claim for compensation report. Your employer can help connect you with these forms, but you should also consider contacting a workers’ compensation attorney if your employer is being uncooperative or if you have any questions about the process.
One of the most important things you can do to protect your rights is to schedule a consultation with an experienced Nevada work injury attorney as soon as possible after you have been hurt on the job. Certain forms and notifications need to be completed in a timely fashion per Nevada laws, which makes it important to understand your responsibilities and how to communicate with your employer during this time.
Unfortunately, not every work injury claim that is submitted in Nevada is approved. This is yet another reason why you might wish to retain an experienced work injury lawyer in Nevada in advance, so that you have the best possible chance of your claim being approved the first time around.
If you have been injured at work, you do not need to face your employer, their insurance company, or this legal process alone. Gina Corena & Associates is available to help. We will use our years of experience helping injured workers like you recover the compensation they deserve after being injured in a work-related accident.
Gina Corena is a skilled litigator that has practiced in Nevada her entire career. Ms. Corena prides herself in her devotion to representing injured clients and has acquired millions in settlements and litigation awards for her clients since founding Gina Corena & Associates. Named a Top 40 under 40 Attorney by the American Society of Legal Advocates and one of the “Ten Best Attorneys” in Nevada for her exceptional and outstanding client services, Gina Corena is a litigator that will fight for you.
For a consultation and review of your case, contact us online or by phone at (702) 680-1111.