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.