What Is Workers' Compensation
In Nevada, workers' compensation is a state-mandated insurance system that provides benefits to employees who suffer an on-the-job injury or illness.
Filing a workers' compensation claim does not require an employee to prove employer negligence, making it different from a typical personal injury claim and allowing workers to recover compensation and other benefits regardless of fault.
However, while workers' compensation claims may seem more straightforward than typical personal injury claims, many complexities can still arise, which is why it's important to consult with an experienced Las Vegas workers' compensation lawyer today by calling (702) 566-3600.
About Founding Attorney Rodney Okano
Attorney Rodney Okano is a skilled Nevada personal injury lawyer with over 20 years of experience in Nevada and personal injury law. With his expertise, he has helped thousands of people injured in accidents obtain the financial settlement they're entitled to.
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What Are Nevada's Workers' Compensation Laws
If you seek to file a workers' compensation claim, we highly recommend that you understand Nevada's laws relating to work injury claims to ensure a smoother legal process and possibly a larger settlement.
Nevada's key work injury laws are outlined in NRS Chapters 616A-616D and cover laws relating to both workers and employers.
Key workers' compensation laws you should understand are:
- What Workers Are Eligible for Workers' Compensation: NRS 616A.110 covers if an injured worker can seek workers' compensation based on their status.
- How Long You Have to Report a Work Injury: NRS 616C.015 states that workplace accidents must be reported to the employer within 7 days of the incident using a C-1 Notice of Injury or Occupational Disease form.
- How Long You Have to File a Worker's Compensation Claim: NRS 616C.020 states that workers must file a C-4 form within 90 days of the occupational illness or injury.
- What Percentage of Wages Can You Receive While Injured: NRS 616C.400 sets the temporary total disability benefits, which allow workers to receive 66%, or 2/3, of their average monthly wages while unable to work due to a work-related injury or illness.
- What Happens in the Event of a Fatal Work Injury: NRS 616C.505 covers the benefits a family or dependents can receive if a worker suffers fatal injuries on the job.
If you are wondering how workers' compensation laws may affect your claim, it's highly recommended that you speak with a Las Vegas workers' compensation attorney immediately.
Should I Get a Lawyer for Workers' Compensation
When injured in traditional workplace settings, it's often recommended that you hire a Las Vegas workers' compensation lawyer to help in your claims process.
In addition, it may be almost a necessity to hire work injury lawyers if:
- Your Claim Is Denied: If your claim is denied, enlisting the help of a Las Vegas workers' compensation attorney is crucial to avoiding financial strain.
- Your Benefits Are Unfair: The insurance company may sometimes reduce or delay payments, violating your rights. It's recommended that you obtain a work injury attorney to fight on your behalf.
- You Suffered a Severe Injury or Disability: Under NRS 616C.490, if you suffered a permanent disability, you may be entitled to a large lump-sun settlement, and to ensure you maximize this settlement, it's recommended you enlist the help of an attorney.
- A Third Party's Negligence Caused Your Injury: If a third party caused your injuries, you may be able to seek additional compensation by having an attorney file a personal injury lawsuit against the responsible party.
For a free consultation with a Las Vegas work injury lawyer, call (702) 566-3600.
Why Choose Attorney Rodney Okano to Represent You
20+ Years of Experience
Attorney Rodney Okano and his law firm have been helping injured accident victims obtain the compensation they are entitled to for over twenty-plus years, making them experts in personal injury law.
Millions Recovered
Attorney Rodney Okano and his team have helped recover millions of dollars for clients and vow to recover the maximum possible settlement in your case.
99% Case Success
99% of cases handled by Attorney Rodney Okano and his law firm result in a win; whether through litigation or negotiation, you'll be ensured fair compensation.
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What Benefits Can You Receive in a Workers' Compensation Claim
An employee who suffers a workplace injury or illness is entitled to financial compensation and benefits, which are outlined in NRS Chapter 616C and below.
Medical Treatment Benefits
Workers' compensation can provide coverage for all medical expenses related to the workplace injury or illness, including:
- Doctor consultations
- Surgeries
- Prescription medications
- Physical therapy
Temporary Disability Benefits
If you are unable to work for 5 or more days, you can qualify for temporary total disability (TTD) benefits, which provide:
- 66% of your average monthly wage
- Payments until you can return to work or reach maximum medical improvement (MMI)
Permanent Total Disability Benefits
If your injury results in you being unable to work indefinitely, you may be able to qualify for permanent total disability.
Examples of injuries that may qualify for PTD benefits are:
- Severe spinal cord injuries resulting in paralysis
- Total blindness
- Loss of limbs
If you believe you are entitled to PTD benefits, it's crucial that you contact a Las Vegas work injury lawyer to ensure that you obtain maximum compensation.
Death Benefits
If an injured worker suffers fatal injuries, their dependents may be able to receive benefits such as:
- Compensation to the deceased worker's spouse, children, or other immediate dependents.
- Funeral and burial expenses
In addition, if the injured employee's death was caused by someone else's negligence or intentional actions, the family may be able to file a wrongful death claim in order to seek supplementary compensation.
Vocational Rehabilitation Benefits
If you are unable to return to your previous job because of the injuries, workers' compensation can provide you with:
- Job training for a new career
- Education programs for new skills
- Assistance with job finding and placement
How to File a Worker's Compensation Claim in Las Vegas
Correctly and timely filing a workers' compensation claim is critical to obtaining the compensation and benefits you are entitled to after suffering an injury or illness while performing job-related duties.
The proper way to file a workers' compensation claim in Las Vegas includes:
- Report Your Injury to Your Employer: You must notify your employer of any injuries or illnesses you suffered on the job site within 7 days. This is one of many required deadlines you must follow in order to file a successful claim.
- Seek Medical Care: As soon as possible, visit an employer-approved healthcare provider and inform the doctor that your injury is work-related so you may obtain the necessary medical documentation.
- File a Formal Workers' Compensation Claim: Within 90 days of the incident, have a physician complete a C-4 Employee's Claim for Compensation report and ensure it's submitted to your employer's insurance company.
- Wait for the Insurer's Verdict: Your employer's insurance will review if you have a valid claim and either approve or deny it.
- Contact a Las Vegas Workers' Comp Lawyer: If your claim runs into problems or is denied, immediately contact a Las Vegas work injury lawyer so they may appeal the decision or fight any other complications.
Common Work Injuries and Illnesses in Las Vegas
Las Vegas is home to a wide variety of jobs, which means that injured workers suffer various injuries and illnesses that can stem from the specific industry.
Common injuries and illnesses suffered by injured Las Vegas workers include:
- Slip and Falls: Slip, trip, or fall accidents are extremely common among workers and can occur in hotels, casinos, restaurants, construction sites, and even office buildings.
- Back and Neck Injuries: Common in jobs that require moving heavy objects or repetitive movement, injuries such as herniated discs are a common source of workers' compensation claims.
- Construction Site Accidents: Injuries on construction sites can result in severe injuries, such as crush injuries, and can even be fatal.
- Hotel & Casino Workplace Injuries: Workers make face slips and fall injuries, assualts, or burn injuries while working in a hotel or casino.
- Car Accidents While on the Job: Employees who often drive for their official job duties may suffer injuries in a company car accident.
Can You Sue for Workers' Comp and Keep Your Job?
Yes, you can sue for workers' compensation and receive benefits and compensation while keeping your job, as Nevada law prohibits the firing of employees who are filing a workers' compensation claim under NRS 616C.040.
However, it's important to understand that Nevada operates under an exclusive remedy rule outlined in NRS 616A.020. This rule states that employees cannot sue their employers for worker's compensation benefits, meaning that in the majority of cases, you will not be suing your employer but instead seeking compensation from their insurance.
Frequently Asked Questions About Workers' Compensation Cases
Are Workers' Compensation Settlements Taxed?
No, under IRS Rule 26 U.S. Code § 104(a)(1), workers' compensation settlements are not taxed.
However, in some cases, if you receive Social Security disability insurance benefits as a part of your settlement, that portion may become taxable.
How Are Workers' Compensation Settlements Calculated?
Las Vegas work injury settlements are calculated based on factors such as:
- Past and future medical bills.
- Lost wages
- Permanent impairment rating given by a doctor
- Vocational rehabilitation needs
What Damages Can You Seek in a Workers' Comp Claim?
In a workers' compensation claim, you can seek numerous damages, including:
- Medical bills
- Lost wages
- Permanent disability benefits
- Vocational rehabilitation
- Death benefits
To secure compensation, contact a Las Vegas work injury lawyer from our law firm today by calling (702) 566-3600.
How Much Does a Nevada Workers' Compensation Lawyer Cost?
Most Nevada workers' compensation lawyers work on a contingency fee basis, meaning they only charge a fee if they win your case.
In the event your attorney wins your case, instead of charging a fee out of pocket, they will take around 15% to 25% of your settlement.
How Long Do Most Workers' Comp Settlements Take?
Depending on the circumstances of the case, a workers' compensation case can be settled in several months to a year.
However, with an experienced law firm behind you, your case could be settled in a couple of months.
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