If you were injured on the job in Nevada, there is a good chance that you are entitled to workers' compensation benefits. Workers' comp can provide financial relief to people who cannot work while they are recovering from a job-related injury or illness. Many workers rely on these benefits to make ends meet during recovery time, which is why following proper procedure is paramount.
To help you through the process, our workers' compensation lawyers have provided a list of answers to some frequently asked questions.
1. How do I know if I'm covered?
In the state of Nevada, all employers have to carry workers' compensation insurance with few exceptions. Your employer is also obligated to tell you upon hire whether or not they provide coverage. If you are still unsure, you can check with the state's Coverage Verification Service (CVS).
2. What is the first thing I should do after an injury?
The first thing you need to do, aside from seeking medical attention, is to inform your employer. If you wait too long to report your injury or illness, you may lose your right to recover benefits. Talk to your employer about the proper procedure for reporting an injury. Usually, this involves a verbal and written notification.
3. How long will I have to wait for workers' comp coverage?
There is no waiting period for workers' compensation coverage. Once you are hired, you are covered by your employer's workers' compensation policy. See Nevada Administrative Code 616 or 617 for more details.
4. Do I have the ability to reopen this type of claim?
According to the Nevada Revised Statutes § 616C.390, yes you can reopen a workers' compensation claim. However, there are certain restrictions and guidelines for doing so. Some of these include:
- Proof of a change in circumstance that warrants an increase or rearrangement of compensation
- Waiting at least one year from the date that the initial determination was issued
5. How much compensation can I get?
In the state of Nevada, employees cannot recover more than 66 2/3 percent of their average monthly wage. There is no minimum compensation amount.
6. If I disagree with the result of my claim, can I dispute it?
Yes. If you receive a decision back from workers' compensation insurance that you do not agree with, you may contest it following the rules listed in the Nevada Revised Statutes: § 616C.305 and § 616C.315 to 616C.385.
7. Can I sue my employer after receiving workers' comp benefits?
Workers' compensation is mutually beneficial for employees and employers. Employees can receive compensation to cover medical costs and lost wages, while employers are protected from legal action resulting from the worker's injury or illness. While you cannot file a lawsuit against your employer for the same injury you accept workers' compensation benefits for, you may be able to file a third party lawsuit.
For more information, contact Shook & Stone for a free evaluation of your workers' compensation case today!