Las Vegas Work-Related Injury Lawyers

If you’ve been hurt while on the job in Las Vegas, you may be entitled to receive compensation benefits through your employer’s workers’ compensation insurance. Nevada law protects employees by providing medical treatment, wage replacement, and other benefits for injuries that happen during employment. However, navigating the workers’ compensation claims process can be complex and overwhelming.

Understanding Workers’ Compensation Injury in Las Vegas

Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill due to their job. If your claim is successful, you could receive compensation for medical expenses, lost wages, rehabilitation costs, and even vocational training if you cannot return to your previous occupation.

How Can Heidari Law Group Help You?

The claims process can be complicated, and errors can lead to delays or even denials of your rightful benefits. That’s why it’s crucial to consult with a knowledgeable attorney who understands Nevada’s workers’ compensation laws. At Heidari Law Group, we are available 24/7 to provide you with the guidance and support you need throughout the entire process.

Our experienced team can help you with:

• Filing your initial claim
• Appealing a denied claim
• Ensuring that you receive all the benefits you’re entitled to under Nevada law

Common Workers’ Compensation Injury Questions

Q: What types of injuries are covered by workers’ compensation in Nevada?
A: Workers’ compensation in Nevada covers a wide range of injuries, including slip and fall accidents, repetitive strain injuries, and more serious injuries like traumatic brain injuries or spinal damage. If you’re unsure whether your injury is covered, speak with an experienced attorney.

Q: What should I do if my claim is denied?
A: If your workers’ compensation claim is denied, don’t lose hope. Many denials happen due to missing information or filing errors. Contact an attorney immediately to discuss your options for filing an appeal.

Are Injured Workers Entitled to Benefits in Nevada?

If you have been injured on the job in Nevada, you may be wondering whether you are eligible for workers’ compensation benefits. In most situations, the answer is yes. Nevada’s workers’ compensation system operates on a no-fault basis, which means that employees are generally entitled to benefits regardless of who caused the accident. This structure is designed to ensure that workers receive the care and support they need without the burden of proving fault, which is often required in a traditional personal injury lawsuit.

But what exactly does this mean for injured employees? In this article, we’ll break down your rights, explain the nuances of Nevada’s system, and address common questions about workers’ compensation claims. We’ll also highlight exceptions to these benefits, such as situations involving intoxication or intentional self-harm.

Understanding Nevada’s No-Fault System

Nevada’s workers’ compensation laws ensure that employees are protected even if the accident was partially or entirely their fault. Whether you slipped and fell or were hurt due to your own negligence, you’re still likely to have a valid claim. This no-fault system is crucial because it allows injured workers to focus on recovery rather than becoming embroiled in complex legal disputes.

What Are Workers’ Compensation Benefits?

Workers’ compensation typically covers several key areas, including:

1. Medical Treatment: All necessary and reasonable medical expenses related to the injury.
2. Lost Wages: Compensation for the income you lose while recovering.
3. Permanent Disability Benefits: If the injury leads to lasting impairments.
4. Vocational Rehabilitation: Assistance if you need to train for a new job due to your injury.

Exceptions to Workers’ Compensation Benefits

While the no-fault system is generous, there are exceptions to keep in mind. Workers may be denied benefits in specific situations, such as:

Intentional Self-Harm or Fraud: Nevada law will not provide benefits if it is determined that the worker intentionally harmed themselves or committed fraud in filing the claim.

Intoxication or Drug Use: If an employee was intoxicated or under the influence of drugs at the time of the accident, the claim may be denied. This rule exists to discourage unsafe behavior and ensure workplace safety.

As stated by the Occupational Safety and Health Administration (OSHA) in Standard 1904.5, an injury is defined as work-related if an event or exposure in the work environment caused or contributed to the injury, or significantly aggravated a pre-existing injury or illness. As a general rule, an injury or illness is presumed to be work-related when it occurs due to events in the workplace.

If you or a loved one have been injured while working, you can be compensated for any of these injuries and more, as long as the injury happened while you were at work or performing work-related tasks. This means the accident does not have to have occurred solely at work, as long as you show that you were doing something related to your job when you were injured, workers’ compensation insurance should provide your compensation. There are several types of work-related injuries, but among the most common are the following:

1. Broken bones
2. Dislocations
3. Muscle injuries
4. Cuts and scrapes
5. Burns
6. Traumatic brain injuries
7. Slip and fall injuries
8. Limb crush injuries
9. Spinal cord injuries
10. Injuries to the eyes and ears
11. Mesothelioma
12. Poisoning
13. Repetitive motion injuries (eg, carpal tunnel syndrome, tendonitis, etc.)
14. Permanent disability
15. Wrongful death

There´s not a specific amount of a workers compensation settlement, it varies depending on the case. You should know that the amount of a workers’ compensation settlement will depend on:

• The nature and extent of your injury
• Your prior wages (to calculate the difference in income between when you were healthy and then)
• The number of bills that need to be paid by the claim
• The cost of medical care for your condition
• How much pain you are in and how much your quality of life has been affected
• The length of time it will take you to recover from your injuries or illness and return to work
• The extent of permanency of your injury or illness
• Whether there are other related injuries for which compensation is needed.

To figure out if you qualify for workers compensation consult with your Las Vegas workers compensation attorney.

What Damages Can Be Paid as Compensation in a Claim?

When an individual suffers from work-related injuries, they have the legal right to seek compensation through a claim. But what types of damages can one expect to be paid? Understanding the potential compensation categories can help you know what to expect and advocate for your rights effectively.

Types of Compensation for Work-Related Injuries

The types of compensation an injured worker can claim typically include:

1. Past, Current, and Future Medical Care and Treatment
If you’ve been hurt on the job, your employer’s workers’ compensation insurance is generally required to cover all reasonable and necessary medical expenses related to your injury. This may include hospital visits, surgeries, medications, physical therapy, and even future medical treatments that are expected as a result of the injury. Proper documentation from your healthcare provider is crucial to ensure all expenses are accounted for.

2. Vocational Rehabilitation
If your injuries prevent you from returning to your previous job, you may be eligible for vocational rehabilitation services. This type of compensation is intended to help you acquire new skills, receive training, or even get placed in a new job that accommodates your physical restrictions. The aim is to ensure you can re-enter the workforce in some capacity, thereby minimizing the long-term impact on your earning potential.

3. Lost Work Time
Lost work time compensation, often referred to as “temporary total disability,” compensates you for the wages lost during the period you were unable to work due to your injuries. It’s essential to know the exact rate you’re entitled to, as it typically amounts to a percentage of your average weekly wage before the injury.

4. Lost Income
In cases where your ability to earn has been permanently impaired, you may receive compensation for lost future income. This amount is often calculated based on your projected lifetime earnings had the injury not occurred.

5. Pain and Suffering
While pain and suffering are usually not covered under traditional workers’ compensation claims, in cases involving negligence or third-party liability, you may be able to claim compensation for the physical pain and emotional distress caused by your injuries. This type of compensation can be subjective, so it’s often determined based on the severity and duration of your suffering.

6. Total Permanent Disability
If your injury is severe enough to render you completely unable to work, you may be eligible for total permanent disability benefits. These benefits are designed to support you financially for the rest of your life.

7. Partial Permanent Disability
In some cases, the injury may result in permanent disability, but not a complete loss of the ability to work. Partial permanent disability benefits are awarded when the worker can still perform some job functions but not at their previous capacity.

8. Payments to Dependents in Case of Wrongful Death
In the tragic event of a work-related death, dependents such as a spouse or children may be entitled to receive compensation. This usually includes funeral expenses and ongoing support payments to help the family cope with the financial loss.

9. Loss of Consortium
Loss of consortium refers to the deprivation of the benefits of a family relationship due to the injury or death of a loved one. Spouses or close family members may seek compensation for the emotional and relational impact caused by a severe injury or death.

Q&A: What Should You Know About Claiming Injury Compensation?

Q: Can I receive compensation for future medical treatments if I settle my claim now?
A: It depends on the type of settlement you agree to. If you opt for a lump-sum settlement, you may be forfeiting your right to future medical expenses. Always consult with a legal professional to fully understand the implications before settling.

Q: What happens if my employer denies my claim?
A: If your employer or their insurance company denies your claim, you have the right to appeal. This process can be complex and may require additional evidence or legal representation. For more details on navigating denied claims, check out NBC Las Vegas’ article on denied worker claims.

Q: Can I receive compensation if my employer was not at fault?
A: Yes, in most workers’ compensation cases, fault is not a factor. You are entitled to benefits as long as the injury occurred in the scope of your employment.

Real-Life Cases: Compensation for Injury Workers in Nevada

According to a recent report by KRNV NBC Reno, a significant number of workers in Nevada face challenges when seeking compensation, especially for long-term disabilities and vocational rehabilitation. Understanding your rights and having access to the right resources can make a crucial difference in the outcome of your case.

There´s a specific process that must be followed if a person wants to recover workers’ compensation benefits after getting injured while working in Las Vegas.

Here’s what you need to know:

1. You’ll have seven days to notify your employer of your work accident and resulting injury. Your employer will have you complete a form called the Notice of Injury or Occupational Disease (C-1 Form).
2. You’ll have 90 days to seek medical treatment and initiate the workers’ compensation process. Your doctor will complete a form, known as C-4, which will be submitted to your employer.
3. Your employer must submit Form C-3 within six days of receiving a copy of Form C-4. This form memorializes your wage history and gets the ball rolling on your claim for benefits.
4. While you ultimately have about 90 days to take action, it’s important to get started on the claims process right away. The longer you wait to seek medical treatment after your accident, the harder it can be to prove that your trauma is work-related. That opens the door for the insurance company to contest your claim or limit the benefits that are extended to you.

If you have been injured in a work-related accident, our skilled attorneys recommend that you take the following steps, as this will help ensure that you are entitled to the benefits of your employer’s workers’ compensation insurance.

These steps include:

1. Report your injury immediately: Any injury you receive at your workplace must be reported as soon as possible to your employee or immediate boss.
2. Seek medical attention as soon as possible: whenever you suffer an injury, be it mild or severe, you should go to a health professional to be examined.
3. Document everything: It is recommended that you record the events that occurred during the accident in which you were injured. This includes obtaining the contacts of any eyewitnesses to the incident, the time of day it occurred, and the cause of the accident.
4. Follow medical instructions to the letter: It is important that you strictly follow all instructions your doctor gives you regarding your injury.
5. Follow all procedures for filing a claim: You must meet all deadlines and complete all necessary paperwork to be eligible for workers’ compensation.
6. Call a work related injury attorney.

If you are looking for more information about liability for work-related injuries or would like a free case evaluation, call us today at Heidari Law Group, we have a long history of handling cases of this type in the US. with contingency fees, which means you do not have to pay any of our attorneys up front until your case has been settled or you have won a trial.

The thought of trying to seek compensation after being injured and also disputing liability with an insurance company may seem overwhelming, or even unnecessary, but you deserve to be compensated for the other person’s negligence. Call us for a free consultation with a Las Vegas work-related injury attorney.