A Law Firm Fighting for Injured Workers
Las Vegas is a special place. From the diverse employment opportunities of the strip to the more traditional employment of the surrounding areas, it’s important to understand the lay of the land. If an injury happens at work – no matter what you do – we’re here to help and have seen every scenario.
If you are injured or suffer an illness and are unable to work, workers’ compensation is a lifesaver, as it provides money to replace your wages and assist in paying your medical bills. But for your claim to come through, you need to make sure that you report a work injury right away. And you need to have an attorney involved early, as your employer may have certain procedures in place that aren’t necessarily in your best interest.
Bighorn Law cares about hard-working people. We fight for to get maximum compensation for anyone injured at work.
Reporting Your Injuries
If you’ve suffered a work-related injury, one of the first steps you should take is notifying your employer and your primary care physician. Accurate reporting paves the way for:
- Preventing additional harm: Employee job-related injuries typically trigger an employer-led investigation to determine what to do differently to prevent future injuries.
- Documenting the incident’s circumstances: These records form the basis of your claim and serve as a reference for exactly what happened to establish your right to collect benefits.
- Ensuring you get the medical care you need: Honest and transparent communication with your medical team guides them in recommending correct treatment courses and determining the extent, impact and duration of your injuries.
- Protecting your right to benefits: To safeguard your ability to claim benefits, you must report your injury within seven days.
Experienced Workers’ Compensation Attorneys in Nevada
Understanding the different forms of employment in Las Vegas and the surrounding community is a big step to being a top workers’ compensation attorney. But having experience with each of those unique employees is vital. That’s the difference you’ll find here – the track record of success working with every kind of employer.
Once you report the workplace incident to your employer, make sure to get an attorney involved to ensure that everything is done in your best interest – not the best interest of the insurance company.
Workers’ compensation claims are very complex. Having an attorney that completely understands the ins and outs of workers’ rights in Nevada is vital. Bighorn Law fights for maximum compensation for injured workers.
Reporting a Work Injury to Your Employer
The most important thing in every workers’ compensation claim is reporting a work injury to your supervisor as soon as it happens. This means that even if you can continue on with your day if you are feeling any pain or think any damage may have done, report it. If you wait, your employer and the insurance company may be able to say that the injury occurred after your workday or at home.
Once the incident is reported, you will need to fill out the following forms, and the details of the incident must match on each form. A Las Vegas workers’ compensation attorney can help you out with the forms to make sure they are correct and lay out everything you need for a successful claim.
C-4 Form Link out to this form
This form must be filled out with the exact same account of the accident as your medical doctor was told. This form is used for all treatments and will be used in court. Ask any questions you have before completing the form. Once you are confident in all the information, sign the form and keep a copy of it for your records.
C-1 Form Link out to this form
This form contains the incident report. The details of the injury and how it happened must match what was filled out on the C-4 form. Your employer will also fill out this form. If they write something that you disagree with, make sure to write that you disagree with what was written and sign it. You will then need to sign the main signature portion of the form.
C-3 Form Link out to this form
This form is filled out entirely by the employer and sent to the insurance company. You should not sign this form.
Reporting a Work Injury to Your Doctor
Depending on your injury, there is a good chance that you will be taken to a hospital or urgent care facility. At this initial examination, the C-4 form must be filled out and signed by the doctor. All medical records will be used in court, so it’s extremely important to have this initial documentation. In addition, everything you tell the doctor needs to match what is written down so there are no discrepancies.
An injury suffered at work may seem fine at first, but it is very important to have it fully examined and discuss any potential areas of pain or concern. Since an injury may be internal or not fully realized yet, it’s crucial that you get all potential problem areas documented on this initial visit to a medical professional.
Neck, shoulder, leg, and internal injuries may not be obvious at first, especially if these areas are not the obvious area of trauma. But to have a claim that fully explains the extent of the injury, having these other areas listed on the first documentation is key.
Getting a Workers’ Comp Attorney Involved
When you file a workers’ compensation claim, it is just that – a claim. This is not the same as a lawsuit. You are entitled to workers’ compensation benefits to make up for lost wages while unable to work and to help pay for any medical expenses.
While that seems like a basic concept, it is not. Having a workers’ compensation injury lawyer involved immediately after your accident can be the difference between getting what you deserve and being left without compensation. Unfortunately, it is often in the employer’s and insurance company’s best interest to give the employee as little compensation as possible.
This is where an experienced Las Vegas workers’ compensation attorney can help. A good and experienced attorney will help you every step of the way to make sure that nothing is missed to give you the best possible chance of fair compensation for your claim. Calling us today is risk-free and there is absolutely no cost.
Settlements and Claim Denials
Has the employer’s insurance company offered you a settlement or turned down your workers’ compensation benefits? It’s not too late to talk! Bighorn Law will guide you through lump-sum settlement proposal decisions and the claims appeal process.
Is My Injury or Illness are Covered Under Nevada Workers’ Compensation?
No matter what kind of injury or illness you have, if it happened while you were performing normal job duties, it is covered under Nevada workers’ compensation laws. However, you will need to have a medical professional confirm this injury after the initial report – and they must find that this injury is directly related to your normal job duties at your employer.
Injury types can result from obvious one-time accidents or can develop over time due to repetition. You may also become ill due to your workplace conditions. Again, due to the many possible scenarios involved, anything could potentially be covered by a workers’ compensation claim.
Common accidents and injuries that lead to a workers’ compensation claim include, but are not limited to:
- Slip and fall accidents: These injuries can include slipping on surfaces or falling from a ladder. They often include neck and spine, shoulder, and knee injuries.
- Eye injuries: These injuries can occur from safety equipment failure or airborne debris and can cause loss of vision or the eyeball itself.
- Occupational-related diseases: These injuries stem from on-the-job exposure to harmful toxins and can cause permanent physical damage.
- Construction accidents: These are common among construction workers and consist of falls and extremities getting crushed by or between machinery.
- Motor vehicle accidents: These injuries occur when you’re operating a vehicle for business purposes, regardless of whether it is your personal or an employer-owned motor vehicle. They can range from neck, head and facial injuries to loss of limb or life.
- Factory accidents: This often takes place with factory jobs that deal with heavy machinery, where fingers can be seriously injured or even lost.
- Traumatic brain injury: This can take place in a variety of different work scenarios, but involves severe trauma to the head, which can lead to permanent damage.
- Repetitive motion injury: This involves doing the same thing over and over, which can cause strain or injury to the affected area.
- Wrongful death: This is the most unfortunate scenario where the family can receive help if a loved one is killed at their workplace.
What are the Types of Workers’ Compensation Benefits in Nevada?
When a work injury occurs, it’s concerning on multiple levels. The most common initial concern is the loss of wages if you are unable to return to work. Thanks to workers’ compensation benefits, the losses can be recovered while you are injured. And the benefits don’t stop there, as you can also receive help with medical expenses, short and long-term.
Under Nevada workers’ compensation laws, employees are entitled to the following kinds of workplace injury compensation, depending on the situation:
- Lost compensation, including potential earnings
- Medical treatment for the injury or illness
- Travel-related expenses and mileage reimbursements for appearances at hearings
- Permanent partial or total disability
- Vocational rehabilitation
- Lifetime claim re-opening
The disability benefits available also differ depending on the situation. Here are the potential options when it comes to collecting disability:
Temporary Total Disability (TTD)
This form of disability is for injured employees who are unable to perform their jobs for at least five consecutive days or five days in a 20-day period. The employee would then receive 66 ⅔ of their average monthly wage while on Temporary Total Disability.
Temporary Partial Disability (TPD)
This form of disability allows employees to perform light-duty work to make up their wages. If the employer is allowing the employee to work 20 hours a week, that amount may not meet the TTD rate. The employee can then be reimbursed up to the TTD rate.
Permanent Partial Disability (PPD)
If it is determined that the injured employee will have a permanent disability that will hinder their work performance indefinitely, but still will be able to work, it will be determined at what rating their disability will be classified. Compensation will then be determined by the date of injury, medical evaluations, age, and income.
Permanent Total Disability (PTD)
This form of disability occurs when medical professionals determine that the injured employee will be classified as permanently and totally disabled. The injured employee may then receive permanent total disability compensation of 66 ⅔ of their average monthly wage.
Vocational Rehabilitation Maintenance and Training
Vocational rehabilitation maintenance monies are funds paid to support an injured employee while they retrain for alternate vocations in line with their education and abilities. This amount is equal to the amount paid under TTD. Additional training occurs at no employee expense and program lengths vary.
Lifetime Claim Re-Opening
Nevada permits an injured employee to re-open their workers’ compensation claim at any time if their injury-related conditions worsen. This process ensures you have a support network throughout your life. Upon physician certification, your claim gets re-evaluated, and you’ll remain eligible for the benefits listed above.
How Long Will I Receive Workers’ Comp Benefits?
The length of the payment period varies based on the type of benefits you draw. For temporary injuries, payment continues until you regain the ability to work, although TPD has a maximum length of two years. In permanent disability cases, partial disability payments proceed until age 70, while total disability payments last for a lifetime.
Contact a Workers’ Compensation Attorney in Las Vegas, Nevada or Utah
Workers’ compensation claims are very complex. Having an attorney that completely understands the ins and outs of workers’ rights in Nevada is vital. Remember, there are many steps that need to be taken, and doing them all correctly can be the difference between receiving proper compensation or not receiving any benefits. Bighorn Law has a wealth of experience helping injured workers receive the benefits they are entitled to when an unfortunate injury does happen. We’ll start fighting for you today. Give us a call at 702-935-6209.