Workers’ Compensation Claims
Las Vegas Workplace Injuries Attorney
Representing Injured Workers Across Nevada
Injured workers throughout the State of Nevada are eligible to receive benefits by filing workers’ compensation claims when they have been hurt on the job.
Every employer is required to carry workers’ compensation insurance to cover injuries and illnesses resulting from work-related conditions. These benefits cover lost wages, medical treatment and rehabilitation, job retraining, and may include temporary and permanent disability payments.
Understanding the nuances of Nevada’s workers’ compensation process is crucial. Navigating the system can be complex, but having the proper legal support ensures that injured workers in Las Vegas are not left vulnerable. The process starts with promptly reporting the injury to an employer and ensuring timely medical documentation, which are fundamental steps in strengthening a claim.
What Types of Injuries Are Covered Under Workers’ Compensation Law?
There is no complete or approved list of workplace injuries that are automatically covered or denied as workers’ compensation claims.
The key to getting your claim approved is displaying the connection between workplace injuries and the scope of your job duties.
Workplace injuries can include:
- Repetitive Motion Injuries: Soft tissue damage from repeatedly lifting heavy objects in the same way, or conditions like carpal tunnel syndrome.
- Traumatic Physical Injuries: Slip and falls, forklift accidents, and explosions.
- Occupational Diseases: Illnesses caused by hazardous conditions like black lung disease for coal miners, or asbestosis for an insulation installer.
The illness should not be a part of everyday life, but rather those that can be caused by conditions in the employer’s work environment. Correctly linking these injuries to conditions specific to the employer’s environment is often bolstered by expert medical testimony and thorough documentation, paving the way for successful claims.
Helping a Client Who Suffered Workplace Injuries From a Slip & Fall
In a 2017 slip and fall case, a California jury awarded compensation to an injured technician who was injured on the premises of his employer’s client. According to the lawsuit, the 54-year-old technician was inspecting fire alarms on the premises of the employer’s client when he fell some 12 feet from an extension ladder supplied by the client’s maintenance supervisor.
The technician sustained two broken feet, other orthopedic injuries, and a spinal injury that could no longer be corrected even with surgery. The technician sued the premises owner who supplied him with the extension ladder, alleging that:
- The defendant’s maintenance supervisor had incorrectly set up the ladder.
- The maintenance supervisor failed to inspect and maintain the ladder.
He also claimed that the supervisor’s negligence caused his slip and fall injuries, for which the premises owner must be held liable.
In its defense, the defendant argued that the plaintiff and his employer were responsible for the technician’s fall. The defendant maintained that the plaintiff should have used his employer’s ladder, which he had brought to the site, and that the plaintiff’s employer failed to train the technician on the proper use of the extension ladder.
After a two-day deliberation, the jury came out with a verdict amounting to $2.2 million, which covered the plaintiff’s:
- Past and future non-economic losses.
- Past and future lost wages.
- Past and future medical expenses.
This case highlights the crucial importance of thorough investigation and competent legal representation in establishing liability and securing fair compensation for workplace injuries.
Understanding Nevada's Workers' Compensation Laws
Nevada’s workers’ compensation system is designed to protect employees and provide a safety net in the event of workplace injuries. In Las Vegas, workers are covered regardless of fault, which means that proving negligence on the part of the employer is not necessary to obtain compensation benefits. However, navigating the system requires compliance with strict guidelines for reporting and documentation as outlined by the Nevada Department of Industrial Relations.
It is crucial to recognize that while employers are required to carry insurance to cover claims, disputes can arise regarding the extent of the benefits, particularly in cases involving temporary or permanent disability payments. The complexity of these disputes often necessitates legal intervention. At Bertoldo Carter Smith & Cullen, we help clients understand these laws and advocate for their right to fair and complete compensation.
Common Industries & Risks for Workplace Injuries in Las Vegas
Las Vegas hosts a unique mix of industries, each with its own set of occupational risks. The hospitality and entertainment sectors, pivotal to the Las Vegas economy, often see incidents of slip and fall injuries, food service-related burns, and repetitive motion injuries due to the physical nature of the work. Construction, another prominent industry in Las Vegas, is fraught with its hazards, including falls from heights, equipment malfunctions, and exposure to hazardous substances.
Understanding these industry-specific risks not only helps prevent workplace injuries through proper safety measures but also strengthens claims by associating injuries with conditions known to be prevalent in each sector. By aligning legal strategies to the specific environments and risks, Bertoldo Carter Smith & Cullen can provide tailored legal support that addresses the complexities of claims from these high-risk sectors.
What Should I Do If I Am Injured at Work in Las Vegas?
If you have been injured in a workplace accident in Las Vegas or diagnosed with an occupational disease, seek medical care right away.
A medical professional will not only treat your injuries but will also document them to formalize your claim. After receiving treatment, injured workers must notify their employers and provide proof that they have received medical treatment.
While seeking medical treatment, let the healthcare provider know that you will be filing a claim. They will be required to fill out a form and mail it within three business days of initial treatment.
The injury or diagnosis must be presented to your employer in writing. Your employer will also have a claim form on hand for you to complete, which must be submitted within seven business days.
Understanding the claims timeline and adhering to it is vital for safeguarding your right to compensation. Consulting with a knowledgeable Las Vegas workplace injury lawyer can help clarify each step of the process, ensuring that all documentation is precise and submitted on time. Such consultation can be invaluable in understanding potential pitfalls and maximizing the benefits to which you are eligible.
Workers’ Compensation Resources:
Contact Our Las Vegas Workplace Injuries Lawyer Today
Having an experienced Las Vegas workers’ compensation lawyer on your side can mean the difference between a rejected claim and one that is taken seriously by the insurance company. Our firm has extensive experience in workers’ compensation claims and will ensure all the proper paperwork is filed on time, so you can pursue the full amount of compensation you are entitled to by law.
Our team is dedicated to offering personalized legal counsel tailored to your specific circumstances. We understand the local Las Vegas work environment and are well-versed in Nevada laws, allowing us to navigate the nuances of your case effectively. Trust us to help you each step of the way, from initial consultation to the successful resolution of your claim.
Frequently Asked Questions
What benefits can I receive from workers' compensation in Las Vegas?
How can a Las Vegas workers' compensation lawyer assist me with my claim?
What steps should I follow if my workers' compensation claim is denied?
If your workers’ compensation claim is denied in Las Vegas, it is crucial to act quickly to appeal the decision. Begin by reviewing the reasons for denial as stated in the denial letter you receive from the insurance company. Common denial reasons might include insufficient medical documentation or claims that the injury is not work-related.
You should gather all relevant medical records, witness statements, and job-related documentation to support your appeal. Filing a formal objection with the Division of Industrial Relations within 70 days is the next critical step. It’s advisable to consult with a workers’ compensation attorney to help navigate the complex appeal process and present a compelling case on your behalf. With proper legal support, many claimants are successful in reversing a denial on appeal, securing the benefits they need to recover.
What evidence is necessary to support my workers' compensation claim?
To effectively support your workers’ compensation claim in Las Vegas, ensure comprehensive documentation and evidence. This includes medical records detailing your diagnosis, treatment, and any recommended ongoing care. Accurate documentation of the injury’s impact on your ability to work is crucial.
Gather statements from witnesses who observed your workplace incident, as these can corroborate your account of events. Employment records that outline your job duties and any prior communication regarding unsafe conditions can strengthen your claim. Additionally, any correspondence with your employer regarding the injury and its reporting is essential.
Working with Bertoldo Carter Smith & Cullen, our experienced team can help you collate this evidence to form a compelling case. Our goal is to ensure that your documentation supports your claim thoroughly, expediting approval and maximizing the compensation you receive.
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