On-the-Job accidents happen, and when you consider the average amount of time that the American adult spends at work, it is no wonder that on-the-job accidents are a relatively frequent occurrence – for all types of workers. Whether you work as a dealer in a casino, behind a desk in an office or at a construction site, you may be in danger of being injured in an accident. It is important to remember that you may have the right to workers’ compensation for any type of work-related injury, even one that you may have unintentionally caused.
The Nevada workers’ compensation system covers virtually all employees for all occupational injuries and illnesses. This includes injuries caused by work-related accidents, regardless of fault. This is a no-fault system, meaning an injured worker does not need to prove that his or her employer or another employee was to blame for the accident in order to recover benefits. The injury need only be work-related for the worker to collect benefits. Some examples of work accidents that may be covered by workers’ compensation include, but are not limited to, the following:
There are some exceptions to the no-fault principle observed in workers’ compensation claims and on-the-job accidents, such as cases where a worker was under the influence of alcohol or illegal drugs and caused the accident, or where a worker intentionally harmed himself or herself.
An injured worker may be entitled to medical care and cash benefits for lost wages, if he or she was injured in a workplace accident or on-the-job. Depending on the extent of his or her injuries and whether the worker suffers a temporary total disability, temporary partial disability, permanent partial disability or permanent total disability:
Cash benefits paid for on-the-job injuries are meant to provide a worker for lost earnings while he or she is disabled and unable to work. These benefits may not exceed two-thirds of a worker’s average weekly wage, to a maximum amount as set forth by law. (Nev. Rev. Stat. § 616C.400 (2020).)
Dealing with a worker’s compensation claim may seem fairly straightforward, particularly considering the fact that it is a no-fault system. Workers are spared the often difficult task of proving employer negligence or wrongdoing and are entitled to benefits as long as their injury occurred at work and in the line of duty, but this does not necessarily mean that the claims process is easy. A worker may run into difficulty along the way, in the way of delays, a dispute or even an outright denial of benefits.
A Las Vegas workers’ compensation attorney can offer legal representation to a worker during the claims process, from the initial filing of a claim through to the receipt of benefits – and beyond. In addition to properly filing a claim on time with all relevant information and documentation, an attorney with experience in these matters can handle any problems that may arise, protecting an injured worker’s rights. This is the type of legal counsel provided at Shook & Stone. Our team is committed to helping workers who have been injured in on-the-job accidents. For a free case review, please call our offices. We look forward to seeing how we can help you.