If you were injured on the job in Nevada, there is a good chance that you are entitled to workers’ compensation benefits. Workers’ comp can provide financial relief to people who cannot work while they are recovering from a work-related injury or illness. Many injured workers rely on these benefits to make ends meet during recovery time, which is why following proper procedure is paramount.
To help you through the process, our workers’ compensation lawyers have provided a list of answers to some frequently asked questions.
1. How do I know if I’m covered?
To determine if you are covered for worker’s compensation in Nevada, you should first check with your employer to see if they have a worker’s compensation insurance policy.
In the state of Nevada, all employers have to carry workers’ comp insurance with few exceptions. Your employer is also obligated to tell you upon hire whether or not they provide coverage. If you are still unsure, you can check with the state’s Coverage Verification Service (CVS).
If your employer does have worker’s comp insurance, you should be covered for any work-related or job injuries or illnesses that occur while on the job. If you are unsure about your coverage or have been denied a claim, you may want to consult with an attorney who specializes in worker’s compensation law.
2. What is the first thing I should do after an injury?
The first thing you need to do, aside from seeking medical treatment, is to inform your employer. If you wait too long to report your injury or illness, you may lose your right to recover benefits. Talk to your employer about the proper procedure for reporting an work-related injury. Usually, this involves a verbal and written notification.
Also, a C-1 Form is to be completed on the date of injury or illness, regardless of whether medical attention is sought.
3. How long will I have to wait for workers’ comp coverage?
There is no waiting period for workers’ compensation coverage. Once you are hired, you are covered by your employer’s workers’ compensation policy. See Nevada Administrative Code 616 or 617 for more details.
In Nevada, workers’ compensation benefits begin on the 8th day after the accident, and coverage continues until you have either recovered or reached maximum medical care. Once that occurs, depending on your particular situation, you will receive a settlement offer from the insurance company. This process generally takes 30 to 90 days.
4. Do I have the ability to reopen this type of claim?
According to the Nevada Revised Statutes 616C.390, yes you can reopen a workers’ compensation claim. However, there are certain restrictions and guidelines for doing so. Some of these include:
- Proof of a change in circumstance that warrants an increase or rearrangement of compensation
- Waiting at least one year from the date that the initial determination was issued
5. How much compensation can I get?
In Nevada, the amount of compensation a worker can receive is based on their average monthly wage prior to being injured or ill. If a worker has not been employed for very long and does not have an established average monthly wage, the state will use a minimum of the state’s average weekly salary instead.
The maximum benefit awarded is 66 2/3 percent of an employee’s average monthly wage, with no minimum.
6. If I disagree with the result of my claim, can I dispute it?
If you disagree with the result of your claim, you may be able to dispute it. This will depend on the policies and procedures of the organization or institution handling your claim for workers. You may need to provide additional information or evidence to support your dispute, and the process may involve mediation or arbitration. It is important to understand the dispute resolution process and your rights before deciding to dispute the result of your claim.
If you receive a decision back from workers’ compensation insurance that you do not agree with, you may contest it following the rules listed in the Nevada Revised Statutes: 616C.305 and 616C.315 to 616C.385.
7. Can I sue my employer after receiving workers’ comp benefits?
Workers’ compensation is mutually beneficial for employees and employers. Injured employees can receive compensation to cover medical provider’s costs and lost wages, while employers are protected from legal action resulting from the worker’s injury or illness. While you cannot file a lawsuit against your employer for the same injury you accept workers’ compensation benefits for, you may be able to file a third party lawsuit.
Why Shook & Stone ?
Workers’ compensation can be a complicated matter, but understanding how it works in Nevada is important, especially if you have been injured on the job. We hope that this article has answered some of your questions and provided guidance on how to get started with the claim’s process.