Our employers have a duty to maintain a safe workplace, but accidents do happen. Whether you fall from some scaffolding on your construction site or you develop carpal tunnel at your desk job, you may have to pay medical bills, lose wages due to recovery time, or experience a temporary or permanent disability. However, you can claim benefits for these losses by filing for workers’ compensation with the help of a Las Vegas workplace injury attorney.
What Is Workers’ Compensation?
Most employers in the state of Nevada must provide workers’ compensation insurance to their employees. This insurance covers any injuries or damages you may suffer as a result of a workplace-related injury or illness, as well as disability benefits. The Nevada Department of Industrial Relations handles workers’ compensation claims for the state.
Filing for Workers’ Compensation in Nevada
As soon as you suffer your injury on the job or you discover that you may have a workplace-related illness, you will need to inform your employer immediately. Next, take the following steps to file your claim.
- Seek medical attention as soon as possible. Inform the doctor that you suffered an injury at work and collect all the documentation you can.
- File a Form C-1 with your employer within 7 days of the injury or the discovery of your illness. This form will inform your employer of your injury or your illness.
- Depending on the type of injury or illness you are suffering from, you may need to fill out additional forms. You can fill out these forms with the assistance of your medical provider and your attorney.
- Next, you will send your C-4 form to the workers’ compensation insurance company. The company will evaluate your claim and make a decision as to what benefits you can receive.
You will need to send your C-4 form within 90 days after your injury occurs. If the insurance company does not award you any benefits, you have 70 days to file an appeal and contest the decision. Contact an attorney to assist you with the filing process.
Potential Benefits in Nevada Workers’ Compensation Claims
Depending on the extent of your injuries, you can claim many different types of benefits with a workers’ compensation claim. You can recover compensation for any past and future medical expenses related to your workplace injury, along with lost wages during recovery time. You can also receive the following types of disability benefits.
- Temporary total disability occurs when you cannot work at all due to your injuries for a period of time. The state calculated temporary total disability benefits based on two-thirds of your normal monthly wages. You can receive these benefits until you can return to work or reach maximum improvement.
- Temporary partial disability occurs when you can work but cannot perform up to your usual capacity due to your injury. The state calculates these benefits based on the difference between your post-injury wages and your potential temporary total disability benefits. You can receive these benefits for up to 2 years.
- Permanent partial disability occurs when you cannot perform up to your previous capacity due to your injury, but you can still work. The state will assign you a permanent impairment rating and receive that percentage of your average monthly wage in benefits. You can receive these benefits after your temporary total disability end and continue for five years or until you turn 70 years old.
- Permanent total disability occurs when you suffer a severe disability and cannot work, such as paralysis, brain damage, or the loss of both eyes. You can receive your temporary total disability benefits for as long as you suffer from the disability.
Filing for workers’ compensation in Nevada can be complicated, especially if the insurance company rejects your claim. However, you can file for benefits and appeal these decisions with the help of a Nevada workers’ compensation attorney. As soon as you receive initial treatment for your injuries or illness, contact a Las Vegas personal injury lawyer to discuss your claim.