What compensation can I get for a work injury in Las Vegas? You may be eligible for disability payments if you suffer long-term losses, or, if a third party was at fault, you may be able to seek additional compensation for your losses, including non-economic damages.
If you suffer a work injury in Las Vegas, you have the right to file a workers’ compensation claim. There are numerous factors to consider to determine what you can receive in compensation from a work injury, so be sure to discuss your case with a Las Vegas work injury lawyer.
Compensation for Medical Costs
If you suffered an injury at work while engaging in work-related activities, you may be eligible to file a workers’ compensation claim for any medical costs you have incurred. After an accident, inform your employer about the incident and your injuries, and then request information about where to go to get medical care.
This is provided by the workers’ compensation insurance company so employers can provide the information immediately. If you take these steps, you may be eligible to recover all types of medical costs, including:
- Emergency medical care in an urgent care or ER, as deemed necessary
- Medical treatment received by the facility
- Doctor and specialist care you need for your injuries
- Follow-up care costs
- Any medical assistive devices or support tools
- Prescription medication costs you need
- Surgeries
- Hospitalization costs
- Rehabilitation and physical therapy costs
- Mental health support for injury trauma
- Chiropractic care
Keep track of all your medical appointments. You can file a claim for any out-of-pocket expenses you have related to those losses as well, including parking costs and transportation fees. It is up to you to accurately document all your losses.
Note to the Provider You Were Hurt at Work
When you arrive at the hospital or urgent care, inform the treating professional that you were hurt at work. This spurs them to document the injuries and ensure they meet all workers’ compensation requirements for providing care. It may also make your claim process easier later. Talk to our Las Vegas workers’ compensation lawyer today.
Worker’s Comp Guide Your guide to navigating the legal process & getting the compensation you deserve. Download FREE eBook
Lost Wages in a Workers’ Compensation Claim
In Nevada, workers’ compensation rules require that you receive payment for lost wages if you are out of work for a long enough period of time. Typically, you must be out of work for at least five days. If your missed work time is less than that, you may not file a claim for lost wages. If it is five or more days, you will receive payment for your lost wages up to the allowable amount.
You do not receive the full amount you would have been paid by your employer if you went to work. Rather, you are paid two-thirds of your earnings, or 66 ⅔% of what you normally receive. The agency will review the past 12 weeks to determine your average income during that period.
They will then pay you that amount. Typically, your first payment will arrive within 14 days of your missed time at work. That is 14 days of disability certification. There are caps on the amount of temporary disability payments you can receive.
Five Consecutive or Cumulative Days
You can file a claim for your lost wages if you missed at least five days in a row after your accident. Or, once you miss five days within a 20-day period following your accident. Some people may try to return to work before they should, which can delay payment of their lost wages.
Temporary Partial and Full Disability
If you are unable to work due to your injuries, you may receive temporary disability, as noted above. If you are able to go back to work, but you cannot do the same type of work or the same level of work, you are paid 66 ⅔% of the difference between what you were earning and what you are earning now, until you recover:
- Temporary partial disability: TPD covers the difference between previous earnings and current earnings due to limitations until you heal. This pays you only 66 ⅔% of the difference.
- Temporary total disability: TTD provides you with 66 ⅔% of what your total income was prior to the incident.
Many people will need time off work to heal, and you should not return to work until your doctor clears you. However, TPD comes into play when you can return to work but need adjustments to your duties or hours, resulting in a reduction in payment. You should always follow your doctor’s recommendations regarding time off and returning to work. A Las Vegas workers’ compensation denial lawyer can help.
Permanent Partial or Total Disability
In some situations, a person may be unable to return to work. Your injuries sustained on the job led to permanent injuries and losses. You are unlikely to see significant improvement in your limitations moving forward. In these situations, you may file for permanent disability through workers’ compensation.
As with temporary, it pays you if you are partially disabled or fully disabled. If you are permanently partially disabled, meaning your doctor has determined you will have a lasting impairment that impacts your ability to work, you may receive a lump sum or structured payments based on the percentage of fault attributed to you.
Some people cannot go back to work at all, reaching a level of permanent total disability. At this point, your doctor has determined that you are unable to work, potentially allowing long-term or ongoing disability benefits. This value will not exceed 66 ⅔% of your average monthly wage. You may receive a lump sum payment or structured payments over time. Speak with a Las Vegas workers’ compensation appeals lawyer now.
Free Consultation We’ll help you win the benefits you need to get your life back.
Vocational Rehabilitation Costs
For some people, going back to the same type of work after a serious injury is not possible. You may be able to work, but you can no longer do the type of work you were doing. If your doctor determines that you are not likely to be able to engage in those activities, you may qualify for vocational rehabilitation.
In these situations, you may receive additional training or education to help you gain new skills so that you can go back to some type of work. This process depends on your physical limitations and other factors, such as your age and education level.
Some people may also receive job placement assistance through workers’ compensation once they have acquired the new skills. This means the agency may help you find an available position that uses the new skills you have because you cannot go back to the job you were doing.
You Cannot Recover Pain and Suffering
Some workplace injuries can be devastating, creating not only physical limits but also emotional impact on your quality of life. When this happens, many victims feel they have suffered pain and other non-economic damages while on the job. In most situations, you cannot file a lawsuit against the employer for pain and suffering claims, and workers’ compensation is not going to pay them either.
That is because, under workers’ compensation laws, employees lose the right to file a lawsuit against their employer in exchange for not having to prove the employer was negligent in causing the accident or injury. There are very few situations in which you can get around this.
If your employer does not have workers’ compensation, and they are legally required to under Nevada’s workers’ compensation laws, you may file a lawsuit against the employer to recover your damages in those circumstances. In this situation, you may be able to pursue additional costs associated with your losses beyond the medical expenses and lost wages.
Cases in Which Your Employer Injured You Intentionally
In some situations, you may be able to file a lawsuit against your employer if they engaged in actions to intentionally hurt you. For example, if you get into an altercation with your employer where they struck you, causing injuries, you can file a claim for additional damages that may include pain and suffering.
This is a rare and complex process that often benefits from working with a workers’ compensation attorney in Las Vegas.
What Happens If Your Employer Terminates Your Job
Under workers’ compensation laws (Employee Guide to Workers’ Compensation), your employer cannot terminate your job or position because of your workers’ compensation claim. In situations where this happens, you have a legal right to take action, and working with a workers’ compensation attorney can prove vital. Note that your benefits are specifically related to your injury, not to your employment status.
Therefore, your medical expenses and lost wages benefits will continue. It is also essential to understand why you were terminated. Employers cannot retaliate against you and terminate your position as a result of filing a claim. However, employers may terminate you for other reasons, such as due to restructuring of the company or your inability to perform the duties of the job.
Workers’ compensation claims do not protect your job indefinitely. Your employer may fill your position when they need to keep business operations moving. This is common and necessary in situations where you have permanent injuries or will not be able to go back to work for an extended period of time. Speak with a Las Vegas workers’ compensation retaliation lawyer today.
What If Someone Else Caused Your Injuries
Another situation in which you may be able to seek additional damages occurs when you suffer a work injury in Las Vegas as a result of the actions of a third party, not necessarily your employer. In situations like this, you are able to file a lawsuit against the at-fault party for all of the losses you have, including pain and suffering claims. Some examples of when this may occur include the following:
- Subcontractors cause a hazard at your place of employment, and that is what leads to your injuries. You may seek legal action against the subcontractor.
- Another person causes a car accident while you are driving a commercial vehicle. In these situations, you can file a claim against that person’s liability insurance for your losses or seek action against the other driver through a lawsuit.
- A property owner fails to provide information about a hazard on their property where you are working. In this situation, you may be able to file a lawsuit against that property owner or a claim against their homeowner’s insurance.
These situations are a bit more complex and require significant evidence of what occurred and who is responsible. Your attorney will help you seek that evidence to build a strong claim that holds all parties responsible. Like any other personal injury claim, you will need to demonstrate that the other party was negligent.
Filing a Workers’ Compensation Claim or Lawsuit
If you take these steps to seek legal action against a third party, you will then no longer be able to seek a workers’ compensation claim. That is a careful consideration that is best made with the help and guidance of your lawyer before moving forward.
Even if you are unsure which strategy is best suited for your needs, it is best to talk to a lawyer about the legal limitations you face.
Let Our Workers’ Compensation Lawyer in Las Vegas Help You
Victims of injuries at work often face an uphill battle seeking fair treatment, especially in situations where they have long-term and permanent injuries. In these cases, it can feel as if it is impossible for you to get fair treatment.
At Shook & Stone Injury Lawyers, we aim to help you. We provide hands-on support and guidance to help you make the best decisions for your needs. Set up a free consultation to speak to our workers‘ compensation lawyer in Las Vegas to go over the details of your case.
DIRECTIONS 
