Workers' Compensation FAQ
Answers from a Las Vegas Workers' Comp Lawyer
If you were injured in a
work accident, have been diagnosed with an
occupational disease or are simply looking to learn more about workers' compensation in
Nevada, you can find helpful information on this website. This page is
dedicated to common questions regarding workers' comp, with basic
answers that can help you gain a better understanding of this important
subject. In addition to reviewing the following, you are always welcome
to call a
Las Vegas workers' compensation attorney at Shook & Stone for a confidential review of your unique case.
What should I do if I'm injured at work?
If you are seriously injured, you should immediately seek emergency treatment.
You should also notify your employer of the incident as soon as possible,
in writing, keeping a copy of such notice for your records. At this point,
you should fill out
Form C-1, Notice of Injury or Occupational Disease – Incident Report.
What types of injuries are covered?
Workers' compensation covers all work-related injuries and illnesses for eligible employees. As long
as the injury or disease is related to one's work duties and/or work
environment, it is most likely covered. The only exceptions may be if
it was intentionally self-inflicted or if the employee was under the influence
of alcohol or drugs at the time of injury.
How do I file a workers' comp claim?
The workers' comp claims process begins with the filing of
Form C-4, Employee's Claim for Compensation/Report of Initial Treatment, which is supplied by your medical provider at the time of your initial
treatment for your work injury or occupational illness. As an injured
worker, you need to only fill out the top portion of this form. The medical
provider and treating physician/chiropractor will fill out the rest of
the information, and both you and the medical provider must sign and date the form.
How long do I have to file a claim?
You have 90 days from the date of your accident or injury, or from the
diagnosis of an occupational disease or knowledge that an illness was
What types of benefits may I be entitled to?
Under the Nevada workers' compensation system, you may be entitled
to the following types of benefits: medical treatment, temporary partial
disability payments, permanent partial disability payments, permanent
total disability payments, vocational rehabilitation, death benefits (if
the worker lost his or her life) and other benefits or expenses, such
as mileage to and from medical appointments.
Can I choose any medical provider I want?
Generally, no. You must go to an authorized medical provider included in
the "Panel of Treating Physicians and Chiropractors." If you
are seriously injured, however, you should call 911 or go to the nearest
emergency department for treatment.
When will I know if my claim is accepted?
The claims administrator or workers' compensation insurance provider
that receives your claim will have 30 days from its receipt to render
a decision, whether by accepting and paying the claim or denying the claim
and notifying you of this denial.
What can I do if my claim was denied or is being disputed?
If your claim was
denied or an issue related to your claim is being disputed by the workers'
comp insurance provider or your self-insured employer, you can request a
hearing to resolve the matter. This administrative hearing is held before a Hearing
Officer, who will reach a decision regarding the denial or other issues at hand.
Do I have options if the Hearings Officer reached an unfavorable decision
at my hearing?
If you disagree with the decision reached by a Hearings Officer, you can file an
appeal. This is the next step in challenging a denied workers' compensation
claim and involves an independent review by an Appeals Officer, who may
uphold, reverse or remand the Hearing Officer's decision.
Can my employer refuse to let me file a workers' compensation claim
or fire me for filing one?
Employers are prohibited from refusing to let employees file workers'
compensation claims and cannot fire employees for filing claims. If you
believe you were wrongfully terminated or otherwise mistreated by your
employer in regard to a work-related injury or workers' compensation
claim, you have options. An attorney can discuss what steps you can take
to recover the benefits you deserve, get your job back or seek compensation
for lost earnings and more.
Can I be fired while I am on workers' compensation?
If you are temporarily disabled on workers' compensation, your employer
cannot discriminate against you by terminating your position. There are
a couple possible exceptions to this basic rule: 1) If it is clear that
you are medically unable to return to your current occupation and, 2)
if your employer needs a replacement as a necessary part of the business.
If you want to learn more, please feel free to call our Las Vegas offices.
Our legal professionals will be happy to answer additional questions or
to address your concerns regarding a current claim.