Workers’ Comp Attorneys Serving Clients Throughout Nevada
A workers’ compensation lawyer at Burg Simpson Law Firm can help you make a claim if you are hurt on the job. Workplace injuries should always be taken seriously, especially if they cause you to miss work or result in long-term or permanent impairment.
Burg Simpson has an in-depth understanding of the workers’ compensation law in Nevada. In addition to claiming benefits from workers’ comp, you may be entitled to recovery of personal injury damages in certain situations. An experienced attorney at our firm can discuss your legal options.
Call Burg Simpson today at 702-668-2070 today for a FREE and confidential case evaluation. Our workers’ compensation lawyers serve Las Vegas and all of Nevada, as well as clients throughout the United States.
What Is Workers’ Compensation?
The workers’ compensation system in Nevada is designed to provide financial support, medical benefits, and vocational rehabilitation services to employees who suffer from work-related injuries or illnesses. The majority of private and public employers in the state are required to have workers’ comp coverage, although there are exceptions.
Workers’ compensation is the “exclusive remedy” for employees who are injured in the course of their jobs. In other words, you cannot sue your employer if you are hurt in an accident at work. The compensation you are entitled to is limited to the benefits available through workers’ comp.
What Does Workers’ Comp Cover in Nevada?
In Nevada, workers’ compensation insurance offers several different benefits to employees who suffer work injuries or illnesses related to their work. These benefits include:
- Coverage of medical treatment: Employees are entitled to receive medical treatment and care for their work-related injuries or illnesses. This includes doctor visits, hospitalization, surgeries, medication, physical therapy, and other necessary medical services.
- Temporary Total Disability (TTD) benefits: You may be eligible for TTD benefits if you are unable to work due to an injury or illness related to your employment. Benefits consist of two-thirds of your average monthly wage.
- Permanent Partial Disability (PPD) benefits: PPD is a benefit paid to workers with an injury or illness that limits but does not totally prevent them from working. You may be entitled to PPD benefits if the following conditions are met:
- You have reached maximum medical improvement.
- The injury is considered stable.
- A qualified doctor or chiropractor has assigned a PPD Rating (a percentage of permanent impairment). The value of the PPD benefit depends on the PPD Rating.
- Permanent Total Disability (PTD) benefits: If it is determined that you are unable to return to any type of gainful employment due to a work injury or occupational illness, you may be eligible for PTD benefits. Payments are made monthly and consist of two-thirds of your average monthly wage.
- Vocational rehabilitation: Workers’ compensation may also cover vocational rehabilitation services to assist injured employees in returning to suitable employment. These services may include job training, job placement assistance, and counseling.
- Mileage reimbursement: You may be entitled to reimbursement of expenses if you need to travel more than a certain distance for medical care.
Workers’ compensation insurance also pays death benefits if a worker suffers a fatal injury on the job or dies as a result of a work-related illness. Death benefits may include up to $10,000 toward burial expenses as well as two-thirds of the deceased worker’s average monthly wages (payable to a spouse, children, parents, or siblings depending on what family members survive the worker).
What Should I Do If I Am Injured at Work?
If you are injured at work, taking prompt and appropriate action is crucial to protect your health, ensure proper medical care, and preserve your legal rights. Here are the steps you should take if you suffer a workplace injury:
1. Report the Injury
Immediately inform your supervisor or employer that you were injured on the job. By law, you have 7 days to report the injury. Notification should be made in writing, as this creates a record of the incident.
2. Seek Medical Attention
If your injury requires immediate medical attention, such as in the case of a severe injury or medical emergency, seek medical assistance right away. If the injury is not an emergency, ask your employer if there is a designated healthcare provider or if you can visit your own doctor. Ensure that you follow all recommended medical treatments and instructions.
3. Document the Incident
Record the details of the incident and the circumstances surrounding your injury. Include information such as the date, time, location, and a description of what happened. Take photographs if possible. All of these details can be crucial when filing a workers’ compensation claim.
4. Collect Witness Information
If there were any witnesses to the accident, obtain their contact information. Witness testimony can provide valuable support for your claim if there are disputes or ambiguity about how the injury occurred.
5. Follow Your Employer’s Procedures
Your employer should have specific procedures for handling work-related injuries. Familiarize yourself with these procedures and comply with any reporting or documentation requirements. Failure to follow the procedures may impact your ability to receive workers’ compensation benefits.
6. File a Workers’ Compensation Claim
When you seek medical treatment for a work-related injury for the first time, you will need to complete Form C-4 Employee’s Claim for Compensation/Report of Initial Treatment. The doctor will complete their portion of the document, and it will be sent to your employer. This marks the beginning of your workers’ comp claim.
Form C-4 must be filed within 90 days of either of the following:
- The date of injury
- The date you first noticed symptoms of a work-related illness or other condition
7. Consult with a Workers’ Compensation Lawyer
It is in your best interest to seek legal advice from a workers’ compensation lawyer, especially if your injury is severe, your claim is disputed, or you encounter challenges during the claims process. A lawyer can provide guidance, protect your rights, and help you navigate the legal complexities involved in obtaining workers’ compensation benefits.
8. Follow Medical Advice
Adhere to all medical treatments, therapies, and rehabilitation programs recommended by your healthcare provider. Be sure to attend all follow-up appointments and provide any requested information to ensure your recovery progresses as smoothly as possible.
9. Keep Records and Documentation
Maintain a file with copies of all medical records, bills, correspondence, and other documents related to your injury and workers’ compensation claim. This documentation will be essential for tracking expenses, monitoring your progress, and supporting your claim.
10. Communicate with Your Attorney
While you can handle communications with your employer and the workers’ compensation insurer on your own, it is generally best to have a workers’ comp lawyer act on your behalf. Notify your attorney of any changes in your medical condition, treatment, or work status.
Do I Need a Workers’ Compensation Lawyer?
Navigating the complexities of workers’ compensation law can be challenging for workers who have suffered injuries on the job or illnesses related to their employment. A workers’ comp lawyer can provide you with invaluable support and guidance.
Some of the ways a workers’ compensation lawyer can help you include:
- Ensuring that the injury is reported properly and all claim forms are filed on time
- Investigating the accident and collecting evidence
- Confirming that you get the medical care you need and all benefits are paid
- Determining what you are owed in lost wages and ensuring you get the benefits you deserve
- Appealing any adverse workers’ comp decisions, such as denial of your claim or underpayment of benefits
- Reviewing the PPD rating; if we believe the rating is inaccurate, our attorneys can appeal to make sure you get all Permanent Partial Disability benefits
- Negotiating a settlement of your claim (if appropriate)
- Representing you in court, if necessary
Burg Simpson serves workers in multiple professions. If you were injured on the job while working as one of the following, our firm can help:
- Construction Worker
- Health Care Worker
- Janitorial Worker/Custodian
- Law Enforcement Officer
- Officer or Clerical Worker
- Retail Worker
- Truck or Delivery Driver
- Utility/Electrical Worker
What Are the Most Common Work-Related Injuries?
Most professions carry some degree of risk. Although safe working conditions and protective equipment can help mitigate the dangers, accidents do happen—sometimes with catastrophic results.
Injuries that may be suffered on the job include:
- Burn Injuries
- Traumatic Brain Injuries
- Eye Injuries
- Hearing Loss
- Spinal Cord Injuries
- Neck & Back Injuries
- Bone Fractures
- Crush Injuries
- Loss of Limbs
- Electric Shock
Workers who sustain these injuries should seek medical attention immediately. They should also talk to an experienced attorney as soon as possible.
What Caused My Work Injury?
There are numerous potential causes of workplace injuries. Some of the most common include:
- Slip & Fall Accidents
- Repetitive Stress
- Vehicle Accidents
- Objects Falling from Heights
- Contact with Electrical Current
- Defective Products & Equipment
- Toxic Chemical Exposure
Workers’ compensation can help pay for the costs incurred due to injuries from these incidents. Investigation may also reveal that one or more third parties were responsible, in which case our work injury lawyers can pursue additional damages on your behalf.
What Is a Third-Party Work Injury Claim?
In the context of personal injury law, liability refers to a legal obligation to pay damages to an injured plaintiff. Although workers in Nevada are barred from suing an employer for workplace injuries, other individuals and entities (known as third parties) do not have this protection.
Personal injury claims may be brought against any third party whose negligence causes injury to a worker. This may include the owner of the premises, the manufacturer of a defective product, the driver of a vehicle, etc.
Workers’ compensation benefits are provided on a no-fault basis. Conversely, a third-party liability claim will only succeed if the evidence establishes fault on the part of the defendant(s). The damages in a third-party liability may far exceed what workers’ comp will pay for, including:
- All medical expenses, including the future cost of medical care
- All lost wages to date
- Loss of earning capacity
- Pain & suffering
- Permanent disability
- Loss of the enjoyment of life
Third-party liability may also apply in cases where a worker is killed or dies as a result of dangerous conditions on the job (known as a wrongful death claim).
Contact a Workers’ Compensation Lawyer
Many workers think of workers’ comp as a “guaranteed” safety net if they get hurt on the job. Unfortunately, there is no guarantee that your claim will be accepted or you will be paid the full benefits you deserve. The best way to avoid these situations is to consult a qualified workers’ compensation lawyer if you or someone you love suffered an injury in the workplace.
Burg Simpson has been representing injured workers throughout the United States for more than 45 years. In addition to obtaining the maximum benefits under workers’ comp, our attorneys will fully explore your right to additional compensation via third-party liability.
For a FREE and confidential case evaluation, call Burg Simpson at 702-668-2070 today. Our office in Las Vegas serves all of Nevada, and we have additional offices throughout the nation serving workers from other states.