If you have suffered a workplace injury and your workers’ compensation claim has been denied, a Las Vegas workers’ compensation lawyer can help you seek your full benefits. Our firm represents all parties involved in a workers’ compensation claim, including first-party claims by workers injured on the job.
Las Vegas personal injury lawyers has successfully recovered over $1 billion in damages and can help you and your family recover medical costs and lost wages in the event of an on-the-job accident or disease caused by occupational hazards.
When to Hire a Las Vegas Workers’ Compensation Attorney
If your injury is caused by the negligence of a third party, you may be eligible for workers’ compensation benefits. However, it is essential that you speak with your workers’ compensation lawyer in Las Vegas about your rights and options because some situations are excluded from coverage.
When injuries occur during employment, the state allows employers to obtain insurance policies to protect their business from financial harm. Workers’ compensation is a means of providing much-needed medical treatment and financial help to employees who are injured on the job.
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Shook & Stone Injury Lawyers Represent Workers’ Best Interests
Workers’ compensation claims can be complex and challenging, often leading to claim denials. Legal representation from experienced firms like Shook & Stone Injury Lawyers can help injured workers navigate the process and receive their deserved benefits:
- Las Vegas Hospitality Industry Workers’ Comp Lawyer: Hospitality industry workers face unique risks of injury, from slips and falls to repetitive motion strains, often requiring significant medical care and lost wages. Workers’ compensation benefits provide crucial financial support for these injured employees, covering medical expenses and partial lost income while they recover.
- Las Vegas Hotel Staff Workers’ Comp Lawyer: Hotel staff often experience injuries like slips, falls, and strains due to the physically demanding nature of their work. Securing workers’ compensation can be challenging for hotel employees due to difficulties in proving the direct link between their injuries and specific job-related incidents, as well as potential employer resistance.
- Las Vegas Workers’ Compensation Retaliation Lawyer: An experienced attorney can protect you if your employer punishes you for asserting your rights after an on-the-job injury, ensuring you are not unfairly treated or dismissed. They can assist in recovering damages if you have faced adverse actions due to filing a claim for benefits.
- Las Vegas Workers‘ Compensation Denial Lawyer: Denial letters from workers’ compensation insurers can be discouraging, but they are not the final word. You have the right to appeal and challenge the denial with the assistance of our legal team.
- Las Vegas Workers’ Compensation Appeals Lawyer: If your workers’ compensation claim is denied, you have the right to appeal the decision, and an experienced attorney can guide you through the process. Appealing a denial requires adherence to strict deadlines and presenting compelling evidence to overturn the initial ruling.
- Las Vegas Work Injury Lawyer: Work-related injuries and illnesses can range from minor incidents to severe, life-altering events that impact an individual’s ability to work and daily life.
Dealing With the Insurance Company After a Work Accident
However, Nevada workers’ comp laws also require employees to undergo vocational rehabilitation after an injury or illness occurs in the workplace. This means that your employer is obligated to make reasonable attempts to find you alternative employment.
If your employer does not make reasonable attempts to find you new work, this lack of effort could result in a denial of benefits from the workers’ comp insurance provider. Shook & Stone Injury Lawyers can help you recover compensation for your medical costs and unpaid wages following an accident or illness related to your work.
If you have questions or concerns about a workers’ compensation claim, contact your Las Vegas workers’ compensation attorney today for an initial consultation at no charge, and we do not get paid unless you win.
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The Cost of Hiring a Workers’ Comp Advocate
The cost of hiring a workers’ comp law firm in Nevada depends on the seriousness and complexity of your case. In some cases, hiring a workers’ compensation lawyer in Las Vegas may be less expensive than trying to handle things on your own.
We may be able to accept your case on a contingency fee basis. This means we get paid a percentage of your total claim if we are successful, as described in Nevada Rules of Professional Conduct (NRPC) Rule 1.5. If there is no recovery, there are no fees.
The workers’ compensation settlement process can be complicated. However, hiring a diligent legal representative with experience in fighting for injured workers will help ensure that you receive the compensation to which you are entitled. Protecting your rights is our primary concern. Do not give up your rights. Call today.
Why Retain a Workers’ Compensation Lawyer in Las Vegas
Nevada workers’ compensation is a no-fault insurance system designed to support employees and employers. If you are injured on the job in Nevada, it covers medical bills, a portion of lost wages (up to 66.66% of your average monthly wage), rehabilitation costs, and other expenses tied to your injury or illness, per NRS § 616C.475.
Benefits fall into two categories: temporary benefits, like wage replacement while you recover, and permanent benefits, such as lump sums or monthly payments for lasting impairments.
In rare cases, you may qualify for Permanent Total Disability (PTD) benefits based on medical and vocational evidence. We can help manage your claim from start to finish by:
- Gathering medical records
- Assisting with seeking legal advice after an accident at work
- Protecting your rights under no-fault laws
- Contesting a denial of payments from your insurer
- Providing representation in your workers’ compensation case to ensure you are fairly compensated
What Counts as a Third Party in a Work Injury?
Nevada’s workers’ compensation system provides benefits regardless of fault but does not protect third parties from liability. If someone outside your employer’s organization contributed to your injury, you may be able to file a personal injury claim in addition to your workers’ comp benefits. This type of claim can allow you to recover damages that workers’ compensation does not cover.
A third party is anyone who is not your direct employer but who may have caused or contributed to your injury through negligence. These parties often include outside contractors, vendors, delivery drivers, property managers, or equipment manufacturers.
For example, a hotel maintenance contractor, a delivery truck driver, or a scaffold installer at a construction site may all be liable if their negligence caused your injury.
Common Types of Work Accidents That Allow for Third-Party Liability Claims
Under NRS § 616C.215, Nevada workers’ compensation law allows injured employees to pursue separate claims against third parties in addition to collecting benefits.
A third-party injury claim allows you to recover pain and suffering, emotional distress, and full wage losses beyond what workers’ compensation provides.
Examples of third-party liability include:
- Scaffold collapse caused by an outside vendor
- Forklift malfunction due to a manufacturer’s defect
- Negligent property manager at an off-site job
- Hotel contractors who fail to fix broken railings
- Delivery driver causing a collision at a loading dock
- Security contractors failing to prevent workplace violence
- Cleaning crew leaving hazards in common work areas
- Subcontractor leaving tools or materials in unsafe locations
- Elevator malfunction in a leased commercial building
- Defective power tools supplied by a third-party vendor
These claims often result in higher compensation when supported by substantial evidence and an experienced legal strategy. Your Las Vegas workers’ compensation lawyer can help injured workers determine whether a third party is involved and build the case accordingly.
Who Qualifies for Workers’ Compensation Benefits in Nevada?
Workers’ compensation coverage applies to most employees, but not everyone is automatically eligible. Independent contractors, gig workers, and certain volunteers are not covered under the same protections as traditional employees.
Your job classification and work relationship with the employer matter more than the job title.
Employees Who Are Covered and Those Who Are Not
Most full-time and part-time workers in Nevada are covered by their employer’s workers’ compensation insurance. This includes office workers, restaurant staff, warehouse employees, and others in traditional employment roles.
However, exceptions can apply based on how the worker is classified. Rideshare drivers, freelance contractors, and temp agency workers often fall into gray areas where eligibility depends on control, supervision, and the structure of payment.
Nevada law defines an “employee” under NRS § 616A.105, which outlines who is entitled to coverage and who is not. This includes certain subcontractors and construction workers, but may exclude others depending on how the work is performed.
Understanding this classification is often the first step in determining whether you qualify for benefits.
Your Employer Should Have Workers’ Compensation Coverage
In Nevada, all employers are legally required to carry workers’ compensation insurance, even if they have only one employee, under NRS § 616B.633.
This requirement helps ensure that injured workers receive benefits quickly and without the need to prove fault. Unfortunately, not every business follows the law, and coverage disputes can delay or complicate your claim.
What Happens if Your Employer is Uninsured or Underinsured
If your employer does not have valid workers’ compensation coverage, you may still be eligible for benefits through the Uninsured Employers’ Claim Account.
This fund is managed by the Division of Industrial Relations and provides financial support to workers who were injured while working for an uninsured business.
Under NRS § 616C.220, the employer may also face steep penalties, including fines and reimbursement orders. Employers who ignore their obligation to carry coverage put workers at serious risk. Filing a claim through the Uninsured Employers’ Claim Account can be more involved than a standard claim.
You may need to attend additional hearings or respond to a more detailed investigation before benefits are approved. Your Las Vegas workers’ compensation attorney can help you navigate this process and protect your right to recovery.
How the Workers’ Comp Claims Process Works in Nevada
Getting benefits through Nevada’s workers’ compensation system involves several required steps. Each one must be completed on time to avoid delays.
Missing a deadline or submitting the wrong form can lead to denied benefits and unnecessary hardship. Here is a general step-by-step breakdown of the process:
- C-1 Notice of Injury or Occupational Disease
- Report of Injury within 7 days
- C-4 Physician’s Initial Report
- Claim submission to the insurer within 90 days
- Determination of benefits from the insurer
- Independent Medical Exam (IME), if requested
- Hearing request through the Nevada Hearings Division
Working with our team can ensure your claim is handled correctly from the beginning. We help clients complete the required forms, respond to insurance requests, and prepare for any needed appeals.
When your case is managed properly, you are more likely to receive the full benefits you are owed without delay.
Common Workplace Injuries and Illnesses
Work-related injuries and illnesses can cause significant financial difficulties for employers, employees, families, and the community. These accidents can also lead to debilitating injury or disease that prevents an individual from working or performing everyday tasks of daily life.
Accidents That May Qualify for Workers’ Comp
We understand the physical and emotional effects that workplace accidents can have on a person’s health and future career prospects. Injuries sustained at work can range from small cuts and bruises to major catastrophic injuries or death. Workplace hazards include:
- Slip-and-Fall Accidents
- Repetitive Motion Injuries
- Forklift Crashes
- Electrical Shocks
- Toxic Chemical Exposure
- Burns and Scalds
- Heavy Machinery Injuries
- Police, EMT, Firefighter Injuries
- Construction Site Injuries
- Hotel and Casino Worker Injuries
If you have been injured, your employer must make reasonable efforts to help you return to work, such as offering modified duties or vocational rehabilitation.
When that is not possible, or if your injury leaves you unable to work long-term, you may qualify for disability benefits. Our team understands the physical and emotional toll of these cases and fights to secure the compensation you deserve.
What to Do if You Are Injured on the Clock
If you are injured at work, act quickly to protect your rights. You can do so by:
- Reporting the injury to your supervisor, as Nevada law requires notification within 7 days under NRS § 616C.015 (though it is best to do it immediately).
- Filing a claim with your employer’s workers’ compensation insurer and ensuring you receive a copy of the C-4 Employee’s Claim form. You have 90 days from the date of the injury to submit this to the insurer, though earlier is better.
- Keeping detailed records of medical visits, work absences, and employer communications.
If your claim involves a car accident during work hours or an incident off-site (like on a lunch break), the rules can get complex. Contact our Las Vegas workers’ compensation attorney for a free consultation.
We will review your case, ensure proper filing with the Nevada Division of Industrial Relations (DIR), and fight for your benefits so you are not left in the lurch.
How Much a Typical Workers’ Compensation Settlement is Worth
The amount of a workers’ comp settlement depends on:
- The nature and extent of your injury or illness
- Your prior wages (this is used to calculate the difference in income between when you were healthy and after your injury, being assigned to light duty, or a new position)
- The number of bills that need to be paid by the claimant
- The cost of medical care for your condition
- How much pain you are in, and how much your quality of life has been affected
- The length of time it will take you to recover from your injuries or illness and return to work
- The extent of permanency of your injury or illness
- Whether there are other related injuries for which compensation is needed
Connect with your workers’ compensation attorney in Las Vegas at Shook & Stone Injury Lawyers for a more comprehensive understanding of your claim’s worth.
You Can Appeal a Decision by The Nevada Division of Industrial Relations (DIR)
The Nevada Division of Industrial Relations (DIR) oversees workers’ compensation but does not issue final decisions on claims. That is handled by insurers, Hearing Officers, and Appeals Officers. If your insurer denies your claim, you can appeal.
All Las Vegas workers’ comp hearings start by requesting a hearing with a Hearing Officer within 30 days of the denial notice. If the Hearing Officer’s ruling isn’t in your favor, you can escalate it to an Appeals Officer within 70 days.
If you are still dissatisfied, you can petition a district court for judicial review within 30 days of the Appeals Officer’s decision. Each step has strict deadlines, and the process can be daunting.
Our workers’ compensation attorney in Las Vegas can guide you through the process, presenting evidence and protecting your rights to ensure you are fairly compensated.
How to Appeal a Nevada Workers’ Comp Decision
Injured workers have the right to appeal a denial or adverse decision made by the employer’s workers’ compensation insurance provider. Your appeal should include all supporting evidence and a clear explanation of why the insurer’s decision was incorrect.
The case will then proceed through the established appeals process, starting with a Hearing Officer. Once your appeal is filed, the case proceeds through the hearing process, and a final decision will be made by a Hearing or Appeals Officer, depending on the stage of the case.
How Long it Takes to Review an Appeal in Nevada
The timeline for reviewing a workers’ comp appeal in Nevada depends on the stage. After requesting a hearing, a Hearing Officer typically schedules it within weeks and issues a decision shortly after.
If you appeal to an Appeals Officer, they must decide within 90 days of receiving the case, though extensions can occur if more evidence is needed. Should your case reach a district court, the timeline varies based on court schedules, often taking months before your case is heard.
Delays can happen, but you should not be left guessing. We will keep you updated as often as possible. We streamline the process, advocating for swift resolution so you can focus on recovery, not red tape.
Winning Your Workers’ Compensation Claim
Only your workers’ compensation attorney in Las Vegas can tell you what your chances are of winning your case, but there are some ways to improve your chances.
Make sure you file a ‘timely claim’ by submitting the C-4 form to your employer’s workers’ compensation insurer. While the Division of Industrial Relations oversees the process, it is not the recipient of your claim.
If you fail to do so, then your case could be dismissed, and you will not receive any money from the Nevada workers’ compensation system. Keep all medical records about your injury (no matter how old). If you have treatment even several years after the accident, you should get copies of these documents.
This will show that your employer knew about the condition and did nothing to prevent it from worsening. If you work for a large company or corporation, look at all the record-keeping and find out who is responsible for keeping the records.
Your employer must keep detailed and accurate records of any cases within the workers’ compensation system to make it easier to settle claims.
Las Vegas Workers’ Compensation FAQ
When you have questions about the workers’ comp claims process, our team is here for you:
What if My Employer Does Not Give Me Notice of My Right to File a Claim?
If your employer fails to notify them of your right to file a workers’ compensation claim, you can still file it by submitting your C-4 form to their insurer. The Nevada Division of Industrial Relations oversees the claims system and can help guide you through the process.
What Is My Employer’s Duty Regarding Injured Workers?
Injured workers are entitled to “reasonable and necessary” medical treatment for workplace injuries. This care must be provided either by you or your employer’s workers’ compensation insurance carrier.
Do I Need a Workers’ Compensation Law Firm?
No individual should have to go up against their employer alone. Your employer’s legal team will likely do everything they can to ensure that you receive as little as possible, and hiring legal representation is the best way to ensure that you do not have to go it alone.
What Kinds of Benefits Are Available in Nevada?
Injured workers are entitled by law to receive “reasonable and necessary” medical treatment related to their workplace injuries. This care must be provided either by you or your employer’s workers’ compensation insurance carrier.
If you need specialized care, then the provider of this type of service must have a license. Your employer will not pay for unlicensed medical treatment.
What Can I Do if My Employer Will Not Pay For My Treatment?
Nevada has strict laws that govern employers’ actions against injured workers. Your employer cannot fire you, demote you, or reduce your pay because of the injury, as outlined under NRS § 616C.580.
Consult With a Workers’ Compensation Attorney in Las Vegas Today
We understand labor and civil service laws in Nevada, inside and out. If you have been injured during the course of your duties, we can help with your workers’ compensation claim.
We understand what it is like to have a job that makes you proud, and helps put food on the table for you and your family. If you are injured at work, do not be afraid to fight for the benefits you deserve.
When it comes to fighting for workers’ rights in Nevada, Shook & Stone Injury Lawyers are relentless in their pursuit of getting our clients the compensation they deserve.
Call us for a free consultation with your workers’ compensation lawyer in Las Vegas today.
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