Personal Injury Blog

#VegasStrong

Posted By Kevin Kampschror || 30-Oct-2017

On October 1, 2017, the Las Vegas community changed forever. This was a dark day for Las Vegas, our country, and the world. This senseless act impacted us personally, and will impact countless lives far beyond Las Vegas. Our thoughts and prayers are with the families and friends of those affected by the attack. We are particularly grateful to those professionals and volunteers who responded to help those in need and prevent further loss.

Those that were working the event may find themselves in a workers’ compensation claim through their employer. For example, victims of the tragic event may suffer permanent impairments such as post traumatic stress disorder (“PTSD”) due to the traumatic nature of this event while working. This type of injury is covered under Nevada law and is considered a job-related stress injury. NRS 616C.180; see also McGrath v. State Dept. of Public Safety, 123 Nev. 120, 159 P.3d 239 (2007).

Specifically, Nev. Rev. Stat. § 616C.180 provides in relevant part that an injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical or psychiatric evidence that: (a) they have a mental injury caused by extreme stress in time of danger; (b) the primary cause of the injury was an event that arose out of and during the course of their employment; and (c) the stress was not caused by their layoff, the termination of their employment or any disciplinary action taken against them.

These types of cases are heavily litigated. Although one may assume that the facts of an event like what happened on October 1, 2017 are not in dispute, the surrounding circumstances and how and what effect it has on your work are frequently disputed.

Victims are vulnerable and need help, and needing help with their workers’ compensation claim is no exception. Victims should seek an experienced attorney regarding this tragic event who will not only be able to give guidance on this process, but also all other laws associated with tragic work injuries.

However, most importantly, the Las Vegas community will heal from the pain and tragedy, and rise up stronger than ever before. Las Vegas will not falter or fail, as no challenge is too great or insurmountable. After all, the show must go on. #VegasStrong

Categories: Workers Compensation
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