Kevin Kampschror, Esq.
It sounds harsh, but have you ever considered what might happen if you
were injured on the job and your
workers’ compensation claim was denied? If you were unable to work, how would you pay your bills?
Just because you are injured on the job does not automatically mean you
have a workers’ compensation case. Sometimes, there is a dispute
about whether you actually had an “accident” and/or an “injury”
as defined by Nevada law in order for your case to be compensable as a
workers’ compensation case. If there is a dispute, it must be settled in court.
A very real, scary situation for an injured worker can occur by being injured
on the job. If your case is denied and there is a hearing in front of
a Hearing Officer which results in the Hearing Officer agreeing with the
insurance company that your case should not be accepted, you have some
decisions to make.
First, you should appeal your case right away so you can get before an
Appeals Officer for the final judgment (outside of District Court or the
Nevada Supreme Court). Second, if you have restrictions from a doctor
because of the injury – regardless of whether it is a WC injury
or not – your employer does not need to accommodate those restrictions
because they are not work-related (or so says the insurance company and
the Hearing Officer). Simply put, you will have to stay home – often
times unpaid – until a doctor can release you back to a full duty
work status. That means it could take weeks, or even months, for you to
get back to work.
This is a very difficult scenario that happens all too frequently. If this
is happening to you, or you have been injured on the job, it is always
advised that you seek an experienced Las Vegas workers’ compensation
attorney who is able to assist in obtaining all the benefits that you
are entitled to under Nevada law.
To speak with a lawyer about your case, please
contact Shook & Stone to schedule a case evaluation.