Workers Compensation Attorney Las Vegas
If you have suffered a Las Vegas accident on the job future legal complications can be daunting. For this reason a Las Vegas workers compensation attorney can be extremely beneficial. Workers compensation attorneys can cut through the red tape and save you a lot of stress and aggravation. Not only is a person physically injured and trying to recover from the harm suffered, but they then have the added worries about money. Specifically, how to handle medical bills and make ends meet due to lost work wages. Thankfully, the workers’ compensation system was designed and the workers compensation board was set up to specifically to address these concerns and help workers who would otherwise struggle with these issues. To find out more about the workmans comp system in Nevada, and to learn how a workers compensation attorney can help keep reading.
What is the workmans comp system and why should you consider using a Las Vegas workers compensation attorney?
The workers’ compensation system, at its most basic level, is really a workmans comp insurance program that exists to protect workers in the event of injury. By law, employers are required to buy into the system so that their workers are covered in the event of a workplace accident. This system exists not only to protect workers, paying them benefits for time off work and covering medical bills, but also to protect employers from the potentially crippling costs that can result from a workplace accident. And oftentimes, when an on the job accident takes place, conflict can take place between the employer and employee. This can result in a workmen’s compensation lawsuit, where the employee sues the employer for work compensation.
Under workers compensation law, workers are protected by insurance that the employer must provide. If there is conflict regarding the accident, a work injury lawyer or workmans comp lawyer is contacted. Other terms used to identify a Las Vegas workers compensation attorney is “employment lawyer” or “disability attorney”. Because of on the job accidents and conflict that often takes place between employees and employers, in order to protect the employee for lost wages, workers compensation laws have been put into place.
Las Vegas Workers Compensation Insurance And – The Benefits Of Hiring An Employment Lawyer
You may be considering handling a Las Vegas accident worker compensation claim on your own. While this is certainly possible, it may not be advisable. One reason it may be best to rely on the skill of a workers compensation attorney is because the process of collecting workers compensation benefits can be quite complicated. First of all worker’s compensation involves many different forms and some may present you with trouble later if they are not filled out carefully to begin with. There are also deadlines that must be met. If you forget one of these things, you could jeopardize your entire case.
Workmens comp can be complicated and because of Nevada laws, specifically Nevada statutes, it is crucial that you navigate the red tape and avoid getting tripped up. This is something an experienced workman comp attorney can help with and ensure that mistakes aren’t made in the handling of your claim. Additionally, it can be helpful to rely on a workman comp lawyer to ease some of your burdens, not to mention that often work relations between the employee and employer can “sour”. You’re already struggling with illness and need to devote your time and strength to recovering, not handling paperwork. It can a huge relief to hand these issues off to an attorney you can trust, freeing you up to focus on healing.
personal injury lawyer Las Vegas – What should you do if you’re injured at work?
Attorneys in Las Vegas receive calls all the time about factory accidents and questions about workers comp law and advice about worker comp insurance. If you’re injured at work the absolute first thing you need to do is seek medical attention. Some workplace accidents can be debilitating or even deadly. If you’ve been hurt by machinery or from a falling object, your injuries could truly be life threatening and should be addressed immediately.
If your injuries are not life threatening, the first thing you need to do is notify your employer of the accident. This notification can occur to your supervisor or some other person in a management position. If at all possible, it’s good to have this notification occur in writing. This creates a paper trail, recording not only when the accident happened and other details, but when your employer was put on formal notice.
Next, you’ll need to fill out a Form C-1. The Form C-1 is known as the Notice of Injury or Occupational Disease Incident Report. The form must be fully completed and then signed and dated. If you have general work comp questions, the Nevada department of labor can answer them. Of course you can ask any qualified Las Vegas workers compensation attorney and get the answers you seek.
Accident Las Vegas – How long do you have to fill out the Form C-1?
Let’s say you were seriously injured and needed to be taken to an emergency room. Workers comp laws require you to fill out Form C-1. In such a case, you may not have had a chance to complete the Form, and more that likely you have not had time to talk with a Workmans comp attorney Las Vegas to instruct you about it. So, how long do you have to complete the form? The Form C-1 needs to be filled out within seven days from the dat of the accident. Do not delay as a delay in doing this as it can jeopardize the ultimate success of your case. Filling out the right paperwork in a timely manner is another reason to consider interviewing workers comp attorneys to find a good workers compensation attorney that is familiar with work compensation insurance.
Workmans compensation – How to file a claim
If you’ve filed your Form C-1, the next step in filing a formal workers’ compensation claim is to complete a Form C-4. This is known as the Employee Claim for Compensation and Report of Initial Treatment. All Las Vegas Lawyers have access to this form and can advise you regarding filling it out. If you go to a hospital or emergency room, the treating physician will be able to supply you with this form. The form is offered at the end of your initial treatment. The majority of the form will be filled out by the doctor assigned to your case, but you will still need to fill out the top portion of the form. The form will then need to be signed and dated.
How long to file workers’ comp claim?
Again, timing is of the essence. In terms of filing your case, you have some more time than with the Form C-1. Injured workers have 90 days from the date of their accident or injury to file a formal claim using the Form C-4. Again any work comp attorney can assist you with workmans comp laws and timelines. But you must remember that not all lawyers in Las Vegas possess the degree of competency or experience that is why you should interview a list of las vegas attorneys with questions about your particular workers compensation claims situation and choose the most competent work comp lawyer.
workers compensation attorney Las Vegas – Employee cannot choose his doctor?
Typically, a worker cannot choose his or her doctor in a workers’ compensation case, and it is unlikely that any Las Vegas personal injury attorney can influence this. Instead the employee will be required to see a medical provider that has been pre-authorized. That being said, if you have suffered a serious injury and require immediate treatment, you are allowed to call 911 or simply go to the nearest emergency room for treatment. No one would expect a worker facing life threatening harm to try and research approved doctors.
What Workers Are Covered By Workman Compensation?
The law in Nevada says that, unless excluded by statute, every person, firm, voluntary association, and private corporation, with at least one employee, must maintain workers compensation insurance coverage. That is generally a good thing, meaning that a wide swath of workers are protected by the workers compensation insurance system. To ensure that you are in fact protected and that your employer has the proper insurance coverage, you may contact the Coverage Verification Service to verify what kind of coverage is available to you through your employer.
What work compensation benefits can you receive?
Workers under the Nevada workers compensation insurance system are able to receive a variety of benefits should they suffer an on-the-job accident. Examples include payment of medical bills, lost wages, payment of permanent or partial disability, payments for mileage to and from medical appoints, payments for vocational rehabilitation and, should a worker lose his or her life, payment of death benefits.
What injuries are covered under workers compensation laws?
Any injuries that take place at work or in the conduct of your work are covered under Nevada’s workmen’s compensation system. That means injuries that result from slipping, tripping, falling, falling equipment, faulty machinery, chemicals, electrocution and any number of other workplace hazards are all covered and able to compensated.
Worker compensation laws concerning occupational disease?
Occupational disease is a tricky aspect of the worker compensation laws. Generally, it’s easy to determine what caused an injury and when the injury occurred. For instance, if you were hurt from slipping on a puddle, you know that the broken arm is directly linked to the slip-and-fall and you also know when the accident occurred. It is very different and much less clear when dealing with occupational disease. A lung disease from something like asbestos can happen over a long period of time and may be difficult to pinpoint one specific cause. That’s why it is crucial to rely on a skilled Las Vegas workers compensation attorney, or disability attorney, to guide you through these especially complicated cases dealing with occupational disease. Employers are more likely to reject these claims due to their complicated nature and it can be a great benefit to have someone fighting on your behalf.
Workmen’s compensation – What does “no fault” mean?
Something that many people may not realize is that in Nevada, the workmans comp insurance system operates on a “no fault” basis. What does that mean exactly? It means that, any Las Vegas accident that happens on the job, regardless of why it happened, or who was at fault, the accident is covered.
This is very different from many other cases involving injuries where a large part of the claim hinges on the ability to prove that someone was responsible for causing your injury. In workers’ comp claims, this doesn’t matter. All that matters is that the injury took place at work or while conducting business.
This is generally very good news for workers because they don’t have to waste time and money proving that their boss is responsible. It also is beneficial because it doesn’t matter if the employee was partially or even fully responsible, the injury will be covered all the same. That means that even if an accident occurred because of an employee’s negligence, he or she will still be protected under the Las Vegas workers compensation insurance system and any good Las Vegas workers compensation attorney will be effective at handling the case.
There are only two exceptions to this general rule. First, when an employee’s injuries are caused by the employee’s intoxication. This can be related to the use to either drugs or alcohol, but if it’s shown that the employee was injured because of his or her impairment, the workers compensation claim can be denied. The second exception is if the employee intentionally harmed him or herself.
Las Vegas Accident Exclusive Remedy
The workers’ comp system in Nevada is what is known as an exclusive remedy. This means that employees who are injured are required to file a claim and operate under the workers’ comp system. Even if you want to, you are not allowed to simply file a personal injury lawsuit against your employer. That’s the law. The same thing goes with injuries caused by co-workers, this must all stay within the workers’ comp system. The only exception to this exclusive remedy rule concerns third parties. If you were injured at work, but the injury was caused by a third party, such as an employee from another company you may yourself, or have a workers comp attorney, file a civil lawsuit against that person or company should you choose to do so.
Workers Compensation Board Can Your Employer Retaliate?
Employers in Nevada are not allowed to prevent workers from filing for workers compensation insurance, this is a right that all workers have. As a result, employers are also not allowed to fire workers for filing a workers compensation claim. In fact, if you have been fired or otherwise retaliated against, your employer might actually be subject to even steeper financial penalties. A lawyer will need to evaluate the specific facts of your case, but it may be possible that you could bring a claim for lost wages or request that your job be reinstated.
If you have any questions regarding Las Vegas workmans comp insurance, or would like to ask a Las Vegas workers compensation attorney questions about workmans comp insurance contact us today for a free consultation.