Workers Compensation in Nevada
You aren’t alone if you wonder how workers’ compensation works.
Workers’ compensation is insurance that provides wage and medical benefits to people who have become ill or injured while at work. How far this coverage goes depends on Nevada state law.
If your injury or illness is eligible for compensation, the insurance carrier should help ease the financial burden.
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.
The circumstances surrounding the incident that led to the injury are crucial. The injury had to occur during your regular work duties.
Nevada’s Workers’ Compensation stipulates all employers with one or more employees must have coverage. There are a 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 filing a claim. 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. Taking too long could not only jeopardize your health, but you run the risk of missing deadlines.
Even if you believe your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This step is the top priority in the workers’ compensation claim process. Otherwise, your employer cannot file a claim with the insurance carrier.
You may have regular checkups and testing for weeks or months before a doctor finally connects your illness with your job. Your medical records will become the foundation from which the workers’ comp carrier will launch its investigation.
Generally, your doctor determines if the illness happened because of your work conditions or became 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.
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.
Contents of the Report
The First Report of Injury will provide the workers’ compensation insurance carrier with the necessary details. They must know your physical injuries, the medical treatment you received, and the facilities that provided it.
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 witnesses.
If you miss work for 5 consecutive days or 5 days within 20 days, 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
Many people believe that the injury claims process is straightforward. While this may be the case in some instances, 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.
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.
Work With an Experienced Local Lawyer in Nevada
Your health and well-being 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.
We can connect you with a local attorney or one across Nevada state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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