Accident at Work? Filing a Claim for Compensation

When most people think of Las Vegas, they imagine bright lights, casinos, and endless attractions. But accidents and injuries can happen anywhere.
 
Each day, residents and employees of Las Vegas face a wide range of risks and hazards.
 
Have you sustained an injury or been involved in an accident at work? Filing a claim for compensation may be the best way to recover the money that you need to move on.
 
No matter what the circumstances of your accident may be, you deserve financial recovery. If you have been hurt because of an employer’s negligence, contact Morgan & Morgan. Our team of accomplished attorneys can help.
 
What should you do after an accident at work? Filing a claim for compensation with the help of Morgan & Morgan is the surest way to secure recovery. Complete our user-friendly contact form online for a free consultation.

Worker’s Compensation in Las Vegas

The laws surrounding worker’s compensation claims vary by state. In Nevada, worker’s compensation is the only reliable method for injured employees to secure the money that they deserve.
 
First, the injured worker will need to file a claim with their insurance company in conjunction with the Nevada Department of Industrial Relations.
 
Typically, workers do not have the option to bring a lawsuit against their employer in civil court. Instead, they must utilize the worker’s compensation statutes to collect their insurance benefits.
 
Under Nevada state law, all employers must carry worker’s compensation insurance. Some special exceptions exist. For example, some jobs do not qualify for standard labor protections. These include:

  •       Actors and stage performers
  •       Musicians working for no more than two days
  •       Real estate brokers
  •       Domestic service workers
  •       Sole proprietors
  •       And more

In Nevada, worker’s compensation insurance is intended to guarantee quick and efficient payments to employees that are disabled or injured. These statutes aim to make this type of coverage a reasonable expense for the employer, as well.

Proving an Accident at Work? Filing a Claim for Compensation Requires It

Have you experienced an accident at work? Filing a claim for compensation will involve proving your work-related injury.
 
When they are seeking a worker’s compensation claim, an employee does not have to show that their boss or the business owner did anything wrong. They only need to prove that the injury occurred at the workplace.
 
Work injuries and occupational injuries can be distinguished in some cases. An occupational injury happens as the result of an accident related to the person’s job function. This type of injury does not necessarily take place in the workplace.
 
When a worker is injured because of their job or if the job has contributed to their condition, they can seek financial recovery.
 
An employee must prove that their injury is work-related by a preponderance of the evidence. Put simply, they must show that it is more likely than not that their injury is work-related.
 
In other words, there must be at least a 51% chance that the condition or injury is the result of the job.

How Do I File a Worker’s Compensation Claim?

The state of Nevada has set specific procedures that employees must follow when filing compensation claims. Where should you turn after an accident at work? Filing a claim for compensation is much simpler with the help of a legal professional.
 
Below, we will discuss several steps in the worker’s compensation claims process.

Initial Incident

Following your accident, you should report the injury to your supervisor as soon as possible. The supervisor is required to provide you with a form entitled Notice of Injury or Occupational Disease.
 
This incident report form will record the following information:

  •       Date of the accident
  •       Time of the event
  •       Resulting injuries and damage
  •       The employee’s body parts that suffered damage
  •       Events that led to the accident
  •       Where the accident occurred
  •       A list of witnesses
  •       First aid provided, if relevant
  •       A list of other workers involved

The employee should complete the Notice of Injury or Occupational Disease form within the first week after suffering their injury.

Claiming the Work Injury

How should you respond after reporting an accident at work? Filing a claim for compensation also requires that you seek medical attention.
 
Injured employees in Las Vegas should schedule a medical appointment following their accident. While at the doctor’s appointment, they will need to complete a form called the Employee’s Claim for Compensation/Report of Initial Treatment.
 
This form must be completed within 90 days of the accident if:

  •       The worker sought medical treatment for their injury
  •       The worker missed work because of their injury

While there is a 90-day window within which the form can be completed, do not wait. Seek medical care as soon as possible after your accident.
 
The injured person completes one half of the form, and the overseeing physician completes the other half.
 
The portion that the injured employee fills out requires the following information:

  •       The name of the relevant insurance company
  •       The employee’s occupation

Workers can collect information about the insurance provider by speaking with their supervisor. Nevada labor regulations require employers to provide workers with this information.
 
The doctor will fill out the other half of the Report of Initial Treatment form. Their portion requires the following information:

  •       A thorough description of the worker’s injury
  •       The doctor’s diagnosis
  •       Whether the injury is work-related
  •       Description of initial treatment
  •       Anticipated future treatment
  •       Previous injuries or conditions contributing to the accident

The physician is required to complete this form. They must mail it no more than three days after the injured person’s appointment.
 
After the doctor mails this form, the worker’s compensation claim has been filed. While an injured worker can complete these steps on his or her own, securing legal counsel is always the best decision.

The Insurance Provider Responds

Once a worker has filed their compensation claim, the insurance adjuster must respond to the claim within 30 days. The insurance company can either accept or deny the claim.
 
In making their decision, they will review the various reports documenting the incident. This includes an Employer’s Report of the accident.
 
The injured worker’s employer must send an Employer’s Report to the relevant insurance company. Nevada state law requires employers to submit this report no more than six days after receiving the claim for compensation.
 
Whether a claim is accepted or denied, the injured employee will be notified of the insurance provider’s decision.

Common Worker’s Compensation Benefits

The benefits provided through worker’s compensation are intended to ease the financial burden on injured employees. Injured workers almost always face a wide range of difficulties and challenges.
 
A worker’s compensation claim can help the victim to meet their financial responsibilities while they focus on their physical recovery. Unfortunately, some injuries cause long-lasting symptoms.
 
Worker’s compensation is also intended to help relieve the burden of ongoing expenses and physical symptoms. That is why hiring a qualified personal injury lawyer is crucial.
 
An accomplished legal professional can fight hard on your behalf to secure all of the types of compensation that you are due. Compensation for injured employees can cover a wide range of expenses. 

Medical Costs

The most common financial expenses that injury victims face are medical bills. Worker’s compensation claims are intended to help alleviate the financial burdens of the cost of medical treatments.
 
Common examples of medical costs include:

  •       Surgeries
  •       Hospitalization
  •       In-home nursing
  •       Prescription medicines
  •       Ambulance rides and transportation

According to Nevada worker’s compensation statutes, injured employees must seek medical care from an authorized list of providers. However, that list was expanded in 2019. 

Missed Work and Lost Wages

The high price of medical care is often made more onerous by the fact that injury victims are unable to work.
 
When an employee misses over five consecutive days of work because of their injury, they will receive temporary disability. Employees that miss more than five days in a twenty-day period also qualify for these benefits.
 
Temporary disability payments are calculated at two-thirds of the victim’s standard monthly wage.
 
These are only a few examples of the expenses that worker’s compensation payments are intended to cover. If you have sustained a work-related injury, consult with a qualified injury lawyer to determine the best course of action in your case.
 
Oftentimes, workers are denied compensation and need to appeal the insurance provider’s decision. In these instances, legal counsel is vital.
 

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