Mesquite Workers’ Compensation Attorneys

Filing a Workers’ Compensation Claim in Nevada

In Nevada, all private employers with at least one employee must carry workers’ compensation insurance covering all employees, including both part- and full-time employees. When you are injured on the job or suffer a work-related medical condition, your employer’s workers’ compensation insurance covers your resulting medical expenses, a portion of your wages while you are out of work, and other miscellaneous costs.

Unfortunately, many initial workers’ compensation claims are denied. Often, this is due to mistakes on the application; in other instances, employers or their insurance companies deny legitimate claims simply because they do not want to pay them out or have their premiums raised. Because of this, it is a good idea to seek the help of an experienced workers’ compensation attorney if you have suffered a work-related injury or illness.

Since 1985, Bertoldo Carter Smith & Cullen has been proudly helping injured Nevadans get back on their feet. Our Mesquite workers’ compensation attorneys are here to help you navigate the recovery process and fight for the full, fair benefits you are owed. We have a longstanding history of success in even the most complex of cases and have secured millions of dollars on behalf of our clients.

Contact us online or call our office at (702) 505-8115 to schedule a complimentary case review.

Who Is Eligible for Workers’ Compensation in Nevada?

If you are classified as an “employee” in the state of Nevada, and you suffer a work-related injury, illness, or health condition, you are likely entitled to workers’ compensation benefits. State laws require every private (i.e., non-government) employer to have workers’ compensation if they have even one employee. It doesn’t matter if the employee works part-time or full-time, they must be covered by workers’ compensation.

In Nevada, workers’ compensation covers all injuries and illnesses incurred in the course of one’s employment. This includes but is not limited to:

• Head and neck injuries
• Back injuries
• Spinal cord injuries
• Traumatic brain injuries
• Broken bones
• Repetitive motion injuries
• Overexertion/overuse
• Sprains and strains
• Work-related vehicle accident injuries
• Fall-related injuries
• Burns
• Exposure to harmful/toxic substances
• Asbestosis and mesothelioma
• Cancer
• Stress and other mental health conditions

Note that an injury does not have to occur at work to be compensable under the Nevada workers’ compensation system. If an injury is related to an employee’s work in any way, or if the employee was injured while carrying out any activities or duties benefitting their employer or covered under the scope of their employment, they are covered by workers’ compensation. However, to qualify for workers’ compensation, you will need to prove that your injury was not only work-related, but that it also prevented you from returning to work temporarily or permanently.

What to Do If You Are Injured at Work

If you are injured in a workplace accident (or are diagnosed with a work-related health condition), you should seek immediate medical attention. If necessary, call 911 and/or go to the emergency room. If you need emergency care, do not worry about choosing a doctor approved by your employer; you have the right to seek emergency care from a medical provider of your choosing. If you do not require emergency attention, you must choose a doctor based on the applicable state guidelines. Your employer can provide you with more information on choosing a doctor, but we recommend that you contact an attorney who can help ensure your rights are protected.

You should also notify your employer as soon as possible of the injury. By law, you are required to report your injury to your employer in writing within seven days of the injury-causing incident or the date on which you discovered/reasonably could have discovered that your injury or illness was work-related.

Once you have reported the injury, your employer should provide you with Form C-1, which initiates your workers’ compensation claim. If your employer does not provide you with this form, you can find it here. Note that, depending on your industry, you may receive/be required to fill out a C-2, C-3, or C-4 claim instead.

If you encounter any issues in filing your claim, or if your claim is denied, get in touch with our Mesquite workers’ compensation attorneys at Bertoldo Carter Smith & Cullen right away. We are here to help you navigate the process and make sure that you are protected.

Workers’ Compensation Benefits in Nevada

In Nevada, workers’ compensation provides the following benefits:

• Medical Expenses: All medical expenses related to “reasonable and necessary” treatment of your work-related injury or illness are covered by workers’ compensation. This includes emergency care costs, copays, treatments, surgery, rehabilitation, medications, medical devices, and more.
• Temporary Disability: Workers’ compensation pays both temporary total disability (TTD) and temporary partial disability (TPD). TTD is available when your injuries prevent you from working at all, and TPD is available as a supplemental benefit when your injuries prevent you from working at full capacity.
• Permanent Disability: If you become permanently disabled, you may qualify for permanent partial disability (PPD) or permanent total disability (PTD) benefits. PPD benefits are based on your “impairment rating” (between 1 and 99 percent). If you are 100 percent disabled, you may be entitled to PTD benefits.

Workers’ compensation also pays for vocational rehabilitation, including certain expenses associated with job-retraining, education, and reentry into the workforce. It also provides reimbursement for mileage to and from medical appointments, as well as death benefits and funeral expenses to surviving spouses and other dependents when an employee dies due to a workplace accident, injury, or job-related illness.

What to Do If Your Workers’ Compensation Claim Is Denied

If your workers’ compensation claim is denied, you should contact an attorney right away. There are many reasons employers and their insurance providers deny claims, some legitimate and some not. An attorney will be able to review your case and determine whether you have grounds to appeal.

Most people who have their workers’ compensation claims denied have the right to file an appeal, but it is important that you work with an attorney in this process. Appealing a denied workers’ compensation claim is a complex process; you will likely need to attend hearings and present evidence in support of your claim. An attorney at Bertoldo Carter Smith & Cullen can help you every step of the way, from preparing your case to ensuring you know what to expect from the hearing.

Our team is ready to fight for you. Call us at (702) 505-8115 or submit a secure online contact form today to request a free consultation.