Filing a Worker's Comp Claim
Las Vegas, Nevada
Lawyers for worker's comp
In today's fast-paced work environments, accidents and injuries can happen despite the best safety measures. When an employee is injured on the job, the worker's compensation system serves as a vital safety net, providing medical care and financial support during recovery.
If you are an employee seeking compensation for your work-related injury or illness, call us at 702-432-1000.
We represent clients in Las Vegas and Nevada.
What is a worker's comp?
Worker's compensation or worker's comp is a form of insurance that provides financial/medical benefits to employees injured or ill due to work-related causes. Worker's comp ensures that employees receive appropriate medical care and compensation for lost wages without suing their employers.
Is worker's comp mandatory in Nevada?
Yes. All employers in the state of Nevada must have worker's comp insurance. Nevada law allows benefit types and calculations to be the same regardless of the type of worker's comp coverage. For more info, check this Nevada Worker's Comp Guide.
How does a worker's comp work?
• When a person is injured or ill due to a work-related incident, they must promptly report the injury to their employer.
• Employers provide the injured employee with the necessary forms (C-1 or Notice of Injury and C-4 or Report of Initial Medical Treatment) to file a worker's comp claim. More forms to file worker's compensation in Nevada are on the Nevada Dept. of Business & Industrial Relations website.
• Employers are responsible for reporting the injury or illness to their worker's comp insurance carrier.
• Injured employees are entitled to immediate medical treatment, paid for by the worker's comp insurance.
• If the injury or illness stops the employee from working, worker's compensation typically provides a portion of their lost wages, often a percentage of their average weekly or monthly earnings.
• In cases where the employee cannot return to their previous job due to the injury, the worker's comp may cover vocational rehabilitation services and training to help them transition to a new type of employment.
• In case of permanent disability, a worker's comp may provide benefits based on the extent of the disability.
• If a work injury or illness results in death, worker's comp provides benefits to the dependents or beneficiaries of the deceased employee.
• Employers cannot terminate or discriminate against employees for seeking worker's comp benefits.
• Employers pay premiums to insurance companies to maintain worker's comp coverage. Frequent or severe workplace injuries can lead to increased insurance premiums.
Personal injury vs worker's comp
Personal injury and worker's comp are different things.
Personal injury:
• Typically, personal injury claims include car accidents, slip and fall injuries, medical malpractice, or defective products. It can happen anywhere, including public places or private properties.
• To file a personal injury claim, you (or the attorney representing you) must prove that someone's negligence caused the accident and injury.
• Personal injury claims cover medical expenses, lost wages, pain and suffering, and other related losses, including PTSD, emotional distress, or loss of enjoyment of life.
Worker's comp:
• Worker's compensation claims are specific to injuries or illnesses that occur in the workplace or are work-related. They cover sudden accidents (like falls or equipment injuries) and occupational illnesses (like repetitive strain injuries or exposure to harmful substances). The most common injuries at work include knee injury, ankle injury, shoulder injury, and rotator cuff injury.
• Workers comp is not based on negligence - employees are generally entitled to benefits regardless of who caused the injury (employer, co-worker, or employee).
• In exchange for these benefits, employees usually give up the right to sue their employer for negligence. However, you still can sue the third party (e.g., a manufacturer who produced defective tools or equipment that caused an injury or the manufacturer of hazardous chemicals or building materials to which you were exposed on the job.)
• Workers comp benefits typically cover medical expenses, a portion of lost wages (usually NOT the full amount), vocational rehabilitation, and compensation for permanent disabilities.
• Unlike personal injury claims, worker's comp benefits are limited and may not cover non-economic damages like pain and suffering.
Filing a worker's comp claim
Here are general guidelines on how to file a worker's comp claim.
Notify Your Employer: Your employer should provide you with the necessary forms to initiate a worker's compensation claim. If they do not, ask for the appropriate paperwork.
Fill Out the Forms: Complete the claim forms accurately. Include details about the incident, your injury, and any medical treatments received.
Submit the Forms: Submit the completed forms to your employer and the workers' comp insurance. Keep copies of all documents for your records.
Remember that the worker's comp insurance carrier requires medical evaluation and often an independent medical examination or IME to assess your condition.
Temporary disability
If your injury prevents you from working, you may apply for temporary disability benefits. These typically cover a portion of your lost wages during your recovery period.
When should I get a lawyer for a worker's comp claim in Nevada?
Insurance companies pay thousands of worker's comp claims daily without any lawyer involved.
However, you should hire a worker's compensation lawyer when:
1. The insurance company denied your claim. The attorney can help you understand why it happened and guide you through the appeals process.
2. If there is a dispute over the benefits you're entitled to (medical treatments, rehabilitation, or disability benefits), a lawyer for a worker's comp can help you negotiate with the insurance company and pursue the benefits you deserve.
3. If you have a pre-existing condition that a work-related injury has worsened. A lawyer can help you prove the connection between your work injury and the worsening of your pre-existing condition.
4. If your injury results in permanent disability, determining the extent of your disability and the appropriate compensation can be complex. A lawyer for a worker's comp can assist in assessing your disability rating and ensuring you receive fair compensation.
5. If the third party caused your injury (someone other than your employer or co-worker), you might have grounds for a personal injury lawsuit and a worker's compensation claim. A lawyer can help you pursue both claims.
6. If your worker's comp benefits affect your eligibility for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, it's wise to consult a lawyer who understands the interaction between these programs.
7. If the insurance company offers a settlement, have a lawyer for worker's comp review the terms to ensure you receive a fair and adequate settlement.
We can help
If you have any questions or need more information, call us at 702-432-1000 and ask to speak with an attorney who handles worker's comp claims.
We don't charge for consultations.
We take Las Vegas worker's comp and third-party claim cases on a contingent fee basis, meaning we get paid when we settle your case or win at trial.
We represent clients in Las Vegas, Henderson, Summerlin, North Las Vegas, and Nevada.
Walk-ins are welcome.
Hablamos español.
Last updated on February 3, 2024.
