When you get hurt at work, the worker’s compensation program pays for your medical care and a partial wage while you cannot work. In most cases, the program functions very well, but injuries related to overexertion can raise unique issues. You might have to battle your employer or their insurer to prove your injury is work-related.
Get help from a Las Vegas personal injury lawyer at Shook & Stone. We know how to prove a worker’s compensation overexertion case and ensure you receive the benefits you earned.
Worker’s Compensation Benefits Explained
Every employer in Nevada with at least one employee must participate in the workers’ compensation program. Program benefits apply to all W2 employees from the moment they begin work. Part-time workers have workers’ compensation coverage, and benefits are active during any probationary period. The program provides employees who suffer a work-related injury with free medical treatment from a healthcare professional listed with the state’s Panel of Treating Physicians and Chiropractors, which you can find here.
When you suffer an injury at work, it is critical to report it to your supervisor immediately and seek medical attention from a healthcare provider on the Panel. If your employer offers comprehensive health insurance, your primary care physician may or may not be approved to see workers’ compensation patients. Always check whether your physician is on the Panel before seeing them for a work-related injury.
Workers’ compensation also provides weekly payments while your injury prevents you from working. For most workers, the payments will represent two-thirds of their average weekly wage. Bonuses, tips, and overtime pay should be included in the average weekly wage calculation. Call Shook & Stone and speak to one of our overexertion injury lawyers in Las Vegas if you believe the workers’ compensation insurer has erred in determining your average weekly wage.
Overexertion Injuries That Commonly Occur in the Workplace
An overexertion injury sometimes happens suddenly. For example, when a worker lifts something and strains their back, they usually feel it immediately. When an injury is sudden, a worker should report it to their supervisor and seek immediate medical attention. However, overexertion injuries can develop over time, and you may not be able to trace your problem to a discrete event.
Various injuries can result from consistent strenuous movement or repetitive motion like pushing, carrying, lifting, and pulling. Some common workplace injuries rooted in overexertion include the following:
- Sciatica
- Muscle tears
- Herniated discs
- Asthma attack
- Heart attack
- Heat stroke or heat exhaustion
- Nerve damage, especially in the arms and legs
- Sprains and strains, especially in the back, shoulders, and knees
- Damage to tendons and connective tissue, such as rotator cuff injuries
When symptoms appear gradually, you might first bring your complaint to your family doctor. If the doctor diagnoses an overexertion injury, notify your employer immediately. Your supervisor or HR might ask you to see a doctor on the Panel to confirm your diagnosis. If your employer denies your workers’ compensation claim, contact one of Shook & Stone’s Las Vegas overexertion injury attorneys immediately.
Challenges Getting Workers’ Compensation Benefits for Overexertion Injuries
Overexertion injuries to muscles and tendons do not always show up on standard imaging exams. Patient reports of pain or limited mobility are the primary means of establishing recovery. The companies that provide workers’ compensation insurance sometimes question whether an employee complaining of soft tissue overexertion injuries is faking their injury or symptoms. Even when overexertion results in a measurable condition like a heart attack, insurers might question whether the injury is work-related.
You might receive a determination letter partially or wholly denying or limiting your benefits. You have the right to appeal the determination but must act quickly. Nevada Revised Statutes § 616C.315(3)(b) requires you to formally appeal within 70 days of the date of the letter.
The overexertion injury attorneys at Shook & Stone’s Las Vegas office can help with your appeal. They can assemble medical records and other evidence of your injuries and present it at a hearing. Having skilled legal representation enhances your chances of a favorable outcome to your appeal.
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Contact a Las Vegas Attorney If You Have a Work-Related Overexertion Injury
Overexertion injuries can be painful and disabling. Sometimes, they can be career-ending and even life-threatening.
A Las Vegas overexertion injury lawyer at Shook & Stone can help you receive the workers’ compensation benefits you are entitled to. Call today to schedule a free consultation with a knowledgeable attorney.
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