At Carter Cullen, our workers’ compensation attorneys in Las Vegas, Nevada know that getting hurt at work or injured at work creates difficult circumstances. Not only are you injured, but the paperwork, interviews, dictated medical care, and lost wages mount quickly, adding financial stress to an already-challenging situation. Our firm can help provide a clear path to financial recovery, allowing you to focus on your injuries and heal fully while we take on the legal aspects of your claim. We can negotiate with your employer’s insurance company so you don’t have to.

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The simple answer is every kind of injury or disease is covered if you can show that it arose while you were performing your normal job duties. If you are injured in an on-the-job accident or while carrying our work-related duties, such as lifting a heavy box, those injuries will always be covered as a compensable industrial injury. However, you will need to have a qualified medical professional confirm that your injury is directly related to your employment.

In order to start a claim, you must first report the injury or disease to your employer and fill out a C-1 Notice of Injury form, listing ALL body parts that are affected. After completing that form, you should immediately see a physician to document your injuries. You must visit an authorized medical service provider as dictated by the workman’s compensation policy.

At the doctor’s office, you should be given a C-4 form to fill out what happened and, again, list ALL body parts that are injured. The physician will fill out the bottom portion and send it to the insurer to begin the process of accepting or denying your claim. If you have any questions, you should seek advice from a Las Vegas workers’ compensation attorney who can assist you with your claim.

Yes; as outlined in the Nevada Division of Industrial Relations’ Workers’ Compensation Employer Guide, all Nevada employers with one or more employees must carry workers’ compensation insurance.

If a company is found in violation of this law they may be subject to:

• Administrative fines up to $15,000
• Premium penalties
• Full financial responsibility for any injuries that occur while uninsured
• Business closure until insurance is obtained
• Criminal penalties for claims resulting in substantial bodily harm or death

According to the Nevada Department of Business and Industry, a business cannot require employees to obtain their own workers’ compensation policies. The cost of workers’ compensation cannot be charged to employees—in any amount. The employer must shoulder all the costs of the policy.

Nevada is a no-fault workers’ compensation state, which means you do not have to prove your employer was negligent or otherwise at fault in order to pursue workers’ compensation. This allows employees protection from injury, even if they are hurt without a witness to corroborate the accident.

Like all laws, there are exceptions to the typical application.

When it comes to workers’ compensation, employees are ineligible for benefits if it is proven that the injured employee:

• Was under the influence of alcohol or drugs at the time of the accident
• Deliberately caused the accident that resulted in injury

Under Nevada workers’ compensation laws, eligible employees who are hurt at work are entitled to compensation for:

Dependent benefits in the event of death are part of the Nevada workers’ compensation laws. Obtaining workers’ compensation death benefits will require legal representation to ensure your interests are protected, and that your claim is not denied by the insurance carrier before it is investigated. Our Las Vegas workers’ compensation lawyers will lead the charge in developing a case that helps you recover from your tragic loss.

Workers’ compensation benefits may be denied for various reasons, and the specific factors can vary depending on the jurisdiction and the circumstances of the claim. However, some common reasons for the denial of workers’ compensation benefits include:

• Late Reporting of the Injury: Failing to report a work-related injury or illness promptly can lead to a denial of benefits. It’s crucial for employees to inform their employers as soon as possible after an incident occurs.
• Failure to Seek Prompt Medical Attention: Delay in seeking medical treatment for a work-related injury can be a reason for denial. Employers and insurance carriers may question the severity of the injury or whether it is genuinely work-related if medical attention is not sought promptly.
• Disputes Regarding the Nature of the Injury: If there is a disagreement between the employee, employer, and/or insurance carrier about whether the injury or illness is work-related, it can result in a denial of benefits. This may include disputes about the cause, timing, or location of the injury.
• Pre-existing Conditions: Employers or insurers may argue that the injury is not solely work-related but is a result of a pre-existing condition. Resolving the question of whether the workplace aggravated or worsened a pre-existing condition can be a complex process.
• Missed Filing Deadlines: Workers’ compensation claims often have specific deadlines for reporting the injury, filing a claim, or appealing a denial. Missing these deadlines can result in the denial of benefits. It’s essential for employees to be aware of and adhere to these timelines.
• Failure to Follow Medical Treatment Plans: If an injured worker does not comply with the prescribed medical treatment plan or fails to attend medical appointments, it may be grounds for denying benefits. Employers and insurers may argue that non-compliance contributed to a lack of improvement or prolonged disability.
• Employer Disputes or Investigations: Employers may dispute the validity of a workers’ compensation claim, citing evidence that the injury did not occur at work or that the employee’s actions contributed to the injury. Investigations into the circumstances surrounding the injury may influence the decision.
• Injuries Resulting from Misconduct or Intoxication: If the injury occurred while the employee was engaged in misconduct or was under the influence of drugs or alcohol, benefits may be denied. Workers’ compensation typically does not cover injuries sustained while violating workplace policies or while impaired.

Workers’ compensation claims involve considerable paperwork, strict deadlines, medical coverage mandates, employer interaction, insurance representative interviews, and potential bureaucratic delays. With our skilled attorneys by your side, we can help you seek the best medical care and provide direction on the best ways to heal fully before being ordered back to work. When you are hurt at work, your livelihood is at stake every second you are losing wages. We can help you and your family focus on the best approach to pursuing the maximum coverage and financial recovery without delays, confusion, or anxiety.