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.
One of the biggest questions injured workers have when they file a claim
is who are they suing? Are they suing the employer, the insurance company?
The answer is neither. In fact, you are not able to sue your employer
for work injuries because any injuries that result from work are limited
to those benefits outlined by the legislature.
See NRS 616A.010; NRS 616A.020. Injured workers have an exclusive remedy to
recover for their injuries at work and that is the workers’ compensation system.
Conway v. Circus Casinos, 116 Nev. 870 (2000). Therefore, even if your employer was negligent, you
cannot sue them.
If you hire an attorney, who will they sue? The attorney is not going to
be suing anyone either, not even the insurance company. If the insurer
has denied benefits, or there is a dispute about benefits, the attorney
will file appeals on your behalf with the hearings division of the department
of administration. The attorney will represent you in front of the Hearing
Officer and Appeals Officer if applicable. The attorney will also ensure
you receive all benefits you are entitled to under the law.
If you do not hire an attorney, there is no guarantee you will receive
all of your benefits because insurance companies are not lawyers, and
it is not their role to advise you how the law works. Moreover, many if
not most people do not understand how the determination letters and appeals
process works in workers’ compensation. Because of that, many unrepresented
injured workers potentially leave money on the table that they are entitled to.
Workers’ compensation is a very specialized area of law you should
not attempt to do on your own. This could literally be very hazardous
to your health, and your wealth. Therefore, it is advised you seek an
experienced attorney who is able to assist in obtaining all benefits that
you are entitled to under Nevada law.