Navigating Workers’ Comp: Know Your Rights – Webinar Recap

This past Wednesday, October 11, 2023, attorney Leonard H. Stone led a free online webinar on workers’ compensation. In attendance were employers and employees alike, all learning about the dos and don’ts when facing a workplace injury. In case you missed it, here is an overview of the session.

What Is Workers’ Compensation?

Workers’ compensation is insurance that provides benefits to employees who suffer work-related injuries or illnesses.

Who Qualifies for Workers’ Comp?

To qualify, you must be an employee and undergo a work-related injury or illness. Some common examples include:

• Burns
• Fractures
• Sprains/strains
• Paralysis
• Blindness
• Amputation
• Hearing loss
• Slip and falls
• Falls from heights
• Construction accidents
• Development of an illness
• Exposure to chemicals or fumes
• Vehicle crashes and collisions

You employer must also be insured. Finally, you must submit all documents and forms on time to qualify for workers’ comp.

I Was Injured. What Do I Do?

The first thing you should do when injured, before any legal considerations, is seek immediate medical attention and care. Your safety and security are the most important baselines in this type of case. You should keep track of all documentation you can in this process, but above all else, make sure you’re on track to feeling better.

Second, notify your employer of your injury within seven days of the occurrence. You should use the C-1 form to do so. Make sure you stick to the timeline here, as being late for any of these filing deadlines can cause a slew of unwanted problems for everyone involved.

Third, file your C-4 form within 90 days of the occurrence. You should fill out the top portion of the form, and your doctor fills out the bottom portion, so plan your doctor’s visits ahead of time. Remember, without the C-4 claim, there is no workers’ comp claim, and you cannot receive compensation.

5 Ways to Ruin Your Workers’ Compensation Claim

1. Not filing all forms on time
2. Not listing all injuries
3. Using your employer’s doctors (you have 90 days to transfer care to a provider not affiliated with your employer)
4. Not appealing
5. Not cooperating

What Are My Workers’ Comp Benefits?

Through the workers’ compensation program, you can receive benefits for medical care to help with your personal recovery. You can also receive temporary total disability, which pays 2/3 of the gross (pre-tax) wages you lose while recovering. You can also receive benefits for vocational rehabilitation. Your impairment rating directly corresponds to how much money you can receive on top of everything else. In Nevada, workers’ comp is considered an “exclusive remedy,” meaning you receive benefits but waive the right to sue your employer. Contact an experienced attorney at Shook & Stone to learn how these benefits are calculated in more depth.

Can I Be Fired for Filing a Workers’ Compensation Claim?

Nevada is an at-will state, meaning either party can terminate employment with or without cause. However, you may not be fired in retaliation for certain actions under Nevada law, including filing a worker’s comp claim. You may be fired if you are unable to perform your job duties or the job duties of any role at the employer’s company.

When Should I Hire a Workers’ Compensation Lawyer?

Right away! Acquiring a lawyer is the second-most important thing you can do in this process behind seeking medical care. At Shook & Stone, several experienced and dedicated attorneys are ready to handle your claim every step of the way.

If you have a pre-existing condition, if you can’t return to work, if your initial claim is denied, or if your settlement isn’t enough—hiring a workers’ compensation lawyer is your best option to successfully navigate the legal process and ensure you receive the comprehensive benefits you deserve. Call today at 702-570-0000 to get started.