A workplace injury could cause significant financial hardship if it prevents a person from doing their job. Employers must provide workers’ compensation insurance to employees to ensure they receive proper medical care and have some income while recovering from their injury. Casinos are no exception.
Workers’ compensation claims for Las Vegas casino workers are not always straightforward. Get help from a seasoned hospitality industry attorney at Shook & Stone with experience representing local people like you in workers’ compensation disputes.
Workers’ Compensation Covers Job-Related Injuries and Conditions
Casinos can be exciting places to work, but hospitality industry jobs can be hazardous. Workers often must do their jobs in confined spaces away from the view of guests, sometimes using potentially dangerous tools or equipment. Front-of-house casino workers risk injury from violent guests, crime, and—if they work on the gaming floor—poor air quality, among other hazards.
Workers’ compensation covers any job-related injury or condition. The injury or condition must have occurred during the course of the worker’s employment, but need not be directly related to the employee’s job duties. For example, workers’ compensation benefits would be available if a worker:
- Was assaulted in the employee locker room
- Got food poisoning from a meal in the employee cafeteria
- Suffered injuries in a car accident while returning from an off-site work-related meeting
Sometimes, the workers’ compensation insurer denies a claim, asserting that an injury or condition is not work-related. A casino employee who receives a claim denial should consult an experienced Las Vegas workers’ comp attorney immediately.
Benefits Available to Injured Casino Workers
The workers’ compensation program provides medical treatment for work-related conditions and injuries at no cost to the employee. However, an employee must use an approved medical provider. The HR department at the casino can provide a list of medical providers they approve to treat employees. In an emergency, a worker can seek treatment at an emergency room or similar facility, but must transfer care to an approved provider when they are stable.
The program offers a wage benefit if the condition or injury prevents a worker from doing their job. A worker receives two-thirds of their average monthly wage while they are recovering. Nevada Revised Statutes § 616A.065 requires a workers’ compensation insurer to include reported tips when calculating a Las Vegas casino employee’s average monthly wage. A dedicated attorney could challenge a wage calculation that undervalues a worker’s average monthly earnings.
If an injury prevents an employee from resuming their job, they are entitled to vocational rehabilitation at the casino’s expense. Workers with permanent injuries also could receive payments for partial or total disability.
Pursuing a Workers’ Compensation Claim
Obtaining workers’ compensation benefits requires meeting strict deadlines and filing extensive paperwork. Failing to follow procedures closely will result in a claim denial.
Workers must report their injury to their supervisor or the HR Department in writing within seven days. When the issue is a work-related condition unrelated to an accident—such as hearing loss or repetitive motion injury—the worker must make the report within seven days of diagnosis. If medical treatment is required, the worker must see an approved provider promptly and file a claim within 90 days of the injury.
The worker must continue to obtain treatment from an approved provider until they can return to work or reach a point of maximum medical improvement (MMI). Sometimes, disputes arise about whether a worker can resume their former employment or has reached MMI. Our team of skilled legal professionals could represent a Las Vegas casino worker in any dispute about their medical readiness to work and fight for the compensation the worker deserves.
Work With a Las Vegas Attorney to Obtain Fair Workers’ Compensation Benefits Following a Casino Injury
Casino employees work hard under sometimes challenging conditions. When you get hurt in a job-related accident or your work causes you to develop a health condition, the workers’ compensation program is supposed to protect you. If you are having problems accessing your benefits, get professional assistance.
A local lawyer with expertise in workers’ compensation claims for Las Vegas casino workers can help if your claim is denied, or you are having a dispute with the insurer. Our qualified attorneys at Shook & Stone often achieve excellent results, protecting your well-being and your family’s financial security. Discuss your situation with one of our capable legal professionals today.