Las Vegas Workers’ Comp Lawyer
Call (702) 258-1183
Injured Nevada workers have the right to state mandated benefits through a workers’ compensation claim. Employers are required to provide benefits to cover the costs associated with workplace injuries by maintaining workers’ compensation insurance. When employees are hurt at work, and the insurer denies the claim, a workers’ comp lawyer can help injured victims fight to obtain the legally required benefits
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Hurt at work? You have rights.
(702) 258-1183
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When Should You Hire a Workers’ Comp Attorney?
Injured workers can file a workers’ compensation claim without legal representation. However, when complexities arise within a claim, victims should seek the help of a workers’ comp attorney to improve their chances of a successful outcome. This applies to cases where a claim is denied entirely, specified rights and benefits are denied through an adverse insurer determination, the injuries sustained were catastrophic and permanent and total disability or death benefits are appropriate, or the employer failed to carry adequate coverage for workplace accidents in which case a personal injury lawsuit in court may be filed.
Your Employer Denies Your Claim or Specific Benefits
An insurer may unfairly and illegally deny a workers’ compensation claim. Insurers often wrongfully deny work injury claims because they don’t expect injured workers to follow through with an appeal. When injured workers do not fight for their rights, insurance companies make more money. Injured workers have the right to dispute this decision and pursue their justly due benefits. An attorney can determine if you are being improperly denied a claim or denied benefits under an accepted claim, and seek compensation on your behalf.
Getting Appropriate Medical Care and Benefits
A Nevada injured worker is entitled to have ALL MEDICAL TREATMENT for the workplace injury covered under the Nevada workers’ compensation claim without one penny out of the injured workers’ pocket. The injured worker in Nevada has a right to select his or her own doctor to treat the injury if he or she requests it within 90 days of the workplace injury. Kemp & Kemp workers’ compensation lawyers are knowledgeable about which doctors are appropriate and fair, and not biased or on the side of the insurance company. Nevada workers’ compensation claimants are also entitled to benefits for wage replacement called Temporary Total Disability (TTD) benefits when the injured employee is unable to work at their pre-injury job for certain minimum time periods and if the employer does not offer suitable light duty work. Kemp & Kemp attorneys know when to ask for and fight for these benefits on your behalf.
If you Suffer a Permanent Partial Disability
Under Nevada workers’ compensation law, if you suffer a permanent impairment, as determined by a state certified rating evaluation doctor, as a result of your workplace injury or occupational disease, you will be entitled to a Permanent Partial Disability (PPD) award. This is a monetary award designed to compensate you for the loss of use of part of your body and any attendant impairment of your ability to earn money throughout your working life (which is assumed to be age 70). It is based upon your Average Monthly Wage, your percentage of whole person disability found by the doctor, and, if you seek a lump sum award, your age. Kemp & Kemp workers’ compensation lawyers are experienced in reviewing and assessing the accuracy of the doctor’s PPD evaluation report, and determine if a second opinion should be sought. Kemp & Kemp workers’ compensation attorneys will review the award letter, check the math for accuracy, and make sure you are getting all that you are entitled to for a PPD award.
Vocational Rehabilitation
At the end of your medical treatment, if it is determined that you are unable to return to working your pre-injury job, you may be entitled to be retrained into another career under Nevada Workers’ Compensation vocational rehabilitation law. This also requires that your employer has not provided you with alternative permanent work, that you have not already found another job that pays you at least 80% of what you were earning before you were injured, and that you do not have any existing marketable skills (education or work experience) obtained within the last 7 years that would permit you to go out and find a job. If you qualify for vocational rehabilitation, you will be advised and assisted by a vocational counselor to develop a retraining plan, and you will continue to be paid 66.666% of your Average Monthly Wage while you go through retraining. In certain circumstances, it is also possible that you and the insurance company may reach a “voc rehab lump sum buyout agreement” in which you receive a lump sum of money instead of being put through a retraining program. This has certain advantages to some, but has the drawback of permanently extinguishing your right to retraining on the claim.
Reopening Rights
If you suffered a Permanent Partial Disability or had to be off work for a specified period of time, you will have lifetime reopening rights on a Nevada workers’ compensation claim if your condition worsens and a doctor opines that the claim should be reopened for specified treatment. If you did not suffer a permanent impairment and were not off for the requisite length of time, you will have only one year to seek to reopen your claim. The Nevada workers’ compensation lawyers at Kemp & Kemp can consult with you and advise you about whether and how to reopen a claim that has been previously closed and what benefits may be obtained.
Your Employer Didn’t Have Workers’ Compensation Insurance
Nevada employers are required to carry workers’ compensation insurance to cover employee accidents. There are few exceptions to this rule. When your employer fails to obtain proper coverage, you can file a personal injury lawsuit directly against your employer to recover damages. Injured workers can also recover costs through their state’s uninsured employer’s fund.
What Does Workers’ Compensation Cover in Nevada?
Workers’ compensation insurance in Nevada covers all costs associated with the treatment of an employee’s injuries when he or she is hurt on the job or suffers an occupational disease. This can include costs for medical treatment, wage replacement benefits, permanent partial disability benefits, permanent total disability benefits, and death benefits in fatal accidents. A workers’ comp lawyer can review your accident to help you determine what damages to pursue in your claim.
Injured workers in Nevada have the right to receive all necessary and relevant medical treatment. These costs, such as medical treatment bills, expenses for prescriptions or equipment, long term and rehabilitative care costs, and specialized care, are covered under workers’ compensation benefits. Injured victims should keep a record of all expenses related to medical treatment when filing a workers’ comp claim.
If an employee is required to miss work for 5 consecutive days, or 5 cumulative days within a 20-day period, he or she is entitled to compensation for lost wages, called Temporary Total Disability benefits or “TTD.” TTD benefits continue until a doctor says you are “full duty” and can return to your regular job, until your employer offers you qualifying temporary light duty work, or you enter a vocational rehabilitation retraining program at the end of your claim.
There are two types of disability benefits available in Nevada workers’ compensation claims: temporary and permanent disability benefits. Temporary disability benefits apply to employees who are unable to work for more than 5 days. The nature of these benefits depends on the employee’s working capacity after the injury. Workers who are completely unable to work qualify for temporary total disability (TTD), while workers who are operating at reduced earning capacity can claim temporary partial disability (TPD).
Similarly, employees who sustain a permanent disability from their workplace accident qualify for permanent disability benefits. Permanent partial disability benefits (PPD) begin when temporary benefits run out. These benefits are awarded based on an individual’s impairment rating and can last up to 5 years, or until the claimant turns 70 whichever is longer. Permanent total disability benefits (PTD), however, continue for the duration of the individual’s disability, up to life; however, these types of claims are rare.
For help filing for workers’ compensation benefits to replace your lost wages, call Kemp & Kemp Attorneys at Law today. (702) 258-1183
What Are an Employer’s Responsibilities Regarding Injured Workers?
Employers are required to cover the costs of workplace injuries through workers’ compensation insurance. Employers are also tasked with helping the injured victim get emergency medical assistance when necessary. During an employee’s recovery, employers are prohibited from taking retaliatory action against the injured victim. They are also required to report the accident to the state and cooperate with any workers’ compensation investigation. Finally, employers are required, if possible, to accommodate an employee’s injuries or disabilities sustained in the accident.
Employee Responsibilities
Employees are required to report injuries and illnesses sustained in the workplace right away. The employer must be notified of the accident as soon as practicable, but within 7 days, and the insurer must be notified by the filing of a claim (a “C-4 form”) within 90 days. Employees also must cooperate and follow through with the doctor’s recommended treatment plan.
Hiring an attorney during difficult times is made easier with a compassionate attorney and staff. [J.P.] Kemp and Josie really helped me deal with the repercussions from some health issues.
Excellent staff. Great knowledge and passion for helping people! Thanks again to this firm for all the help we received. High recommended
FAQs About Workers’ Compensation Claims in Nevada
Can I Appeal a Nevada Workers' Comp Decision?
A Nevada workers’ compensation lawyer can help you file an administrative appeal to the Nevada Department of Administration Hearings Division. Such an appeal must be filed within seventy (70) days of the date of any adverse determination letter that notifies an injured worker of a determination, such as a claim denial or denial of accident benefits, that the injured worker disagrees with. The determination letters are required to have an appropriate form that can be submitted with a copy of the adverse determination letter to the Hearings Division to initiate the appeal.
How Much is a Typical Workers' Compensation Award or Settlement?
The value of a workers’ compensation claim for benefits depends on the circumstances of the accident and injuries. The severity of the injuries, your earnings prior to your claim, the impact on your physical abilities, the duration of recovery, and the permanency of your injuries will influence your award amounts.
What is the deadline for filing a Nevada workers’ compensation claim?
There are two primary deadlines for injured workers to keep in mind regarding their workers’ compensation claim. Employees must notify their employer as soon as practicable, but within 7 days of the injury (or knowledge of an occupational disease being work-related). Additionally, employees must file a workers’ compensation claim with the insurer within 90 days of the accident or occupational disease diagnosis. This is done by the injured worker and a doctor filling out and the doctor submitting to the insurance company a C-4 Claim for Compensation form. These deadlines are generally mandatory and can only be waived or excused for specific good causes set forth in the law. In most cases, it is imperative to make sure that these deadlines are not missed.
