Personal Injury Blog

Las Vegas Personal Injury News & Information

  • De Facto Denial: The Insurer is not Responding to the Injured Worker

    Posted By Kevin Kampschror || 13-Oct-2017

    Pursuant to NAC 616C.094(1)(a)-(b), within thirty (30) days after receipt of a written request relating to a claim made by an injured employee, an employer, a health care provider, or the attorney or other representative of any of them. . . the insurer, third-party administrator, or organization for managed care shall, in writing, notify the person making the request of its determination ...
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  • Injured on the Job: When did you tell your Employer?

    Posted By Kevin Kampschror || 22-Sep-2017

    Pursuant to Nev. Rev. Stat. § 616C.015, an employee or, in the event of the employee’s death, one of the dependents of the employee, shall provide written notice of an injury that arose out of and in the course of employment to the employer of the employee as soon as practicable, but within seven (7 ) days after the accident. The above law is the notice requirement for the time frame ...
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  • Termination & Workers' Compensation: What If You Get Terminated Before You File a Claim?

    Posted By Kevin Kampschror, Esq. || 15-Sep-2017

    Anytime an injured worker is terminated from his or her employment, the reasons and circumstances are fairly significant. Although workers’ compensation law is not employment law, there is slight “cross-over” if the injured worker is terminated, especially if he or she did not have the chance to file for workers’ compensation benefits. When an injured worker is terminated ...
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  • How an Attorney Can Help You Appeal Your SSD Claim

    Posted By Shook & Stone || 31-Aug-2017

    Social Security Disability (SSD) is a government program that pays benefits to you and certain members of your family if you become disabled and can’t work. Monthly payments from SSD provide relief for the expenses of ongoing medical treatment and everyday living, making it a coveted program. Applying to the program is a pretty straightforward process, but unfortunately, getting denied is ...
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  • Is your PPD Settlement Calculated Correctly?

    Posted By Kevin Kampschror, Esq. || 18-Aug-2017

    One common question that injured workers have is the following: what, if any, money will I receive based on my case? This question, of course, has the same answer as other areas of law: it depends. Not all injured workers receive settlements. When using the word “settlement” in this context, it does not mean that the employer or insurer is paying you money to drop the case such as in ...
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  • What Are the Benefits of Long-Term Social Security Disability?

    Posted By Shook & Stone || 14-Aug-2017

    When a person becomes disabled long-term and cannot work, they have the option to apply for monthly benefits through the Social Security Disability (SSD) program. The financial assistance that SSD provides can help you pay for current and future medical bills, as well as your rent and utility bills that are now much tougher to manage with your loss of wages. This is a quick rundown of the benefits ...
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  • Important Change in the Law for Injured Workers: Will the Medical Handcuffing Stop?

    Posted By Kevin Kampschror, Esq. || 8-Aug-2017

    As of July 1, 2017, there are many important changes in the workers’ compensation (WC) laws in Nevada. One of the most crucial changes is the right for the injured worker to seek an independent medical examination (“IME”). Prior to this change in the law, NRS 616C.140 allowed insurers to require the injured worker to submit to an IME for whatever and whenever the insurer wanted. ...
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  • Helpful Tips to Prevent Driver Distraction

    Posted By Shook & Stone || 3-Aug-2017

    Distracted driving has become one of the most concerning dangers on public roads. Although driver distraction has been around for as long as there have been automobiles, today’s level of distraction behind the wheel has become a problem of epidemic proportions - and it causes thousands of preventable injuries and deaths each year. According to the National Highway Traffic Safety ...
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  • What Should I Ask My Doctor After an Accident?

    Posted By Shook & Stone || 31-Jul-2017

    After being involved in any type of car accident, your health should be a top priority. Whether you received medical treatment at the scene of the crash, were taken to a nearby hospital, or did not receive medical attention, it is important to seek timely medical treatment or a follow up visit with your doctor. Doing so can not only protect your health and safety, but also any potential personal ...
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  • Are Hands-Free Mobile Devices Safer While Driving?

    Posted By Shook & Stone || 28-Jul-2017

    In a previous blog post, we discussed Nevada’s tough stance on distracted driving, including text messaging and cell phone use behind the wheel. Under Nevada law, the following is prohibited: Text messaging while driving (primary law for ALL drivers) Handheld cell phone use while driving (primary law for ALL drivers) Nevada takes this tough approach because residents and lawmakers understand ...
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  • Nevada Texting While Driving Laws Explained

    Posted By Shook & Stone || 26-Jul-2017

    Today, the dangers of texting and other forms of cell phone use while driving are well known. As one of the most dangerous forms of distracted driving, text messaging behind the wheel is a simple action that has serious risks. Plenty of statistics and studies conducted throughout the years have made it clear just how dangerous texting while driving is: A Virginia Tech Transportation Institute ...
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  • Marital Privilege - Understand the Processes

    Posted By Shook & Stone || 14-Jun-2017

    Under Nevada Law, no person can refuse to be a witness, refuse to disclose any matter, refuse to produce any object or writing, or prevent another from doing the same. NRS 49.015. This is true, unless you are granted a privilege. In order to preserve the confidential nature of certain types of conversations, the legal world has characterized certain communications as “privileged” so ...
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  • The Retroactive Problem with Retroactive Back-pay in Workers' Compensation

    Posted By Shook & Stone || 9-Jun-2017

    By: Kevin Kampschror, Esq. Here is an all-too familiar hypothetical in workers’ compensation (“WC”). The insurer denies the claim, and the injured worker must then go before a Hearing Officer in order to get the denial reversed. Unless the injured worker knows their way around the system and applicable laws, it is always advised to be represented by an attorney at the hearing and ...
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  • Steps to Reopening Your Workers' Compensation Claim

    Posted By Shook & Stone || 26-May-2017

    By: Kevin Kampschror, Esq. Step 1: Are you eligible? Nevada has lifetime reopening rights if you either 1) are off work due to the injury; or 2) received a permanent partial disability (“PPD”). Generally, you must wait one year before reopening if you have received a PPD. See NRS 616C.390. If you were not off work or did not receive a PPD, you must reopen your case within one year. Id. ...
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  • Injured on the Job: Who do you Sue?

    Posted By Shook & Stone || 22-May-2017

    By: Kevin D. Kampschror When you get injured on the job in Nevada, you file a C-4 form within ninety (90) days which is a claim for compensation. The doctor you see will fill out the bottom half, and you will fill out the top half. The doctor who sees you will send the C-4 to the appropriate insurance company of your employer. Without the C-4, there is no claim and you cannot receive any benefits. ...
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