Workers Compensation in Nevada
You aren’t alone if you wonder how workers comp works. Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Nevada state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Nevada workers’ compensation insurance and how the process works.
Workers Compensation Statistics in Nevada?
The US Bureau of Labor Statistics reported Nevada’s rate of workplace injuries and illnesses was higher than the national rate. 96.9% of workplace incidents involved injuries. Over half of those injuries were experienced in the leisure, hospitality, trade, transportation, and utilities sectors. In addition, the top three causes of workplace injuries were overexertion, falls, and contact with an object or equipment.
How Does Workers Comp Work in Nevada?
There is a standard practice to follow when going through the Nevada workers’ compensation process. Unfortunately, it begins with you getting sick or injured on the job. The circumstances surrounding the incident that led to the injury are especially crucial. The injury had to occur during the course of your regular work duties. It could also occur while you were performing a special task at the request of your boss.
Nevada’s Workers’ Compensation stipulates all employers with one or more employees must have coverage. There are few exclusions, including stage performers and wedding bands. Benefits may include medical treatment, temporary and permanent disability, and vocational rehabilitation. However, illegal aliens are not eligible for vocational rehabilitation benefits. Mental injuries, such as PTSD, may be covered if the condition was caused by extreme stress in time of danger.
The steps you take immediately following a workplace incident in Nevada are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a Nevada healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process.
Even if you believe that your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This is the first step in the workers’ compensation claim process. Absent a medical report, your employer cannot file a claim with the insurance carrier.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. All of your medical records will become the foundation from which the workers’ comp carrier will launch its investigation. Your doctor may make the determination that the illness is the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer. This is the next important phase of how Nevada workers comp works.
Nevada’s Workers’ Compensation stipulates an employee must file a Notice of Injury with the employer within 7 days of injury. The employee and doctor file a Claim for Compensation/Report of Initial Treatment with the employer or insurer within 3 days of treatment. The employer files a Report of Industrial Injury with the insurer within 6 days of receiving the claim. The insurer has up to 30 days to either accept or deny the claim. You should note that in Nevada, employees have a maximum of 90 days from the date of injury to file a workers’ compensation claim.
The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to submit a copy of the doctor’s report with the report of injury.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event.
If you miss work for 5 consecutive days, or 5 days within a 20-day period, you can claim lost wages. There is a 4-day waiting period, with benefits beginning on the 5th consecutive day of absence. According to Nevada’s Department of Business & Injury, compensation is based on two thirds of the worker’s average monthly wage. The statutory maximum wage is set at 150% of the state average monthly wage. However, an employee can always petition to have their claim reopened if a doctor has certified their condition has worsened.
Why You Should Hire a Workers’ Compensation Lawyer
In learning how Nevada workers comp works, many people believe that the injury claims process is straightforward. While this may be the case in some instances, in others, it may be more of a hassle. For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury. There may even arise pay disputes and long-term care dictated by the doctor. Don’t question how workers comp works and risk losing your claim. Hire a Nevada workers’ comp lawyer and ensure you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer in Nevada
Your health and wellbeing need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation. Since the workers’ compensation claims process may be tricky, you should consider getting a local attorney well versed in how to deal with it. We can even help you connect with an attorney across Nevada state lines. They can guide you while you continue to learn how workers comp works.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
