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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.

Injured at work and unsure of your next steps? Call Bertoldo Carter Smith & Cullen today at (725) 567-0612 or contact us online to protect your rights and secure the benefits you deserve!

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.

Don't face your recovery and legal challenges alone. Contact a seasoned Las Vegas workplace injuries attorney today to get the support and compensation you're entitled to! 

Frequently Asked Questions

What benefits can I receive from workers' compensation in Las Vegas?

In Las Vegas, workers' compensation benefits can include coverage for lost wages, medical treatment, rehabilitation, job retraining, and temporary or permanent disability payments. These benefits are designed to support workers who have been injured or have contracted an occupational disease due to their work environment. It's important to file your claim properly to ensure you receive the full amount of compensation you're entitled to under Nevada law. Understanding the nuances of each benefit and how they apply to your unique situation can be complex, which underscores the value of consulting an attorney familiar with Nevada's workers' compensation laws to guide you.

How can a Las Vegas workers' compensation lawyer assist me with my claim?

A Las Vegas workers' compensation lawyer can provide invaluable assistance with your claim by ensuring all necessary paperwork is filed correctly and on time. They can help navigate the complexities of workers' compensation law, advocate on your behalf, and work to secure the full compensation you deserve. Their experience with similar claims can be a significant advantage in dealing with insurance companies. Engaging a seasoned attorney also helps in interpreting the complexities of medical and occupational evidence, crucial for substantiating your 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.

Our Promise to You

Why You Can Count on Our Firm
  • Experience You Can Trust
    Our attorneys, paralegals and support staff leverage decades of experience across a diverse range of backgrounds on behalf of our clients.
  • Legacy of Client Satisfaction
    Word-of-mouth referrals and repeat clients account for more than 85% of our business, which is a testament to the level of service we provide.
  • Client-Centered Approach

    We strive to treat our clients with integrity, compassion, and respect and provide them with clear communication every step of the way.

  • Proven Record of Results
    We have recovered millions of dollars in successful verdicts and settlements for injured clients throughout the state of Nevada.
    NO FEES UNTIL WE WIN!

Client testimonials

Real Stories From Real Clients
    “Thank you seems woefully inadequate”
    “Thank you seems woefully inadequate for the assistance and steadfast dedication that you and your firm have provided over the years. God bless you and everyone at the firm. It is no small thing to say that you have changed my sister’s life for the be”
    - Miguel
    “Seamless and caring service.”
    I was involved in two car accidents within a year, both work comp related. I'd never used an attorney for personal injury before, but now I'll always choose Bertoldo Carter Smith & Cullen. They made everything seamless and easy, and were always available for questions or reassurance. This law firm clearly cares about what they do and their clients.
    - Aimee W.
    “They truly care about their clients.”
    A close family friend referred us to Bertoldo Carter Smith & Cullen and spoke highly of the firm. They made us feel very at ease about the situation. They truly care about their clients and making them feel at ease through the entire process. Overall, the experience has been exceptional.
    - Pete S.
    “Handled my case excellently.”
    I'm very thankful for meeting the team at Bertoldo Carter Smith & Cullen regarding my motor vehicle accident. They helped me in a very difficult time, provided excellent medical treatment assistance, and represented my best interests. Best law firm in Las Vegas!
    - Kristina Y.
    “Best with phenomenal work ethics.”
    Bertoldo Carter Smith & Cullen is the absolute best. The entire crew is efficient, and their work ethics are phenomenal. For any legal needs, they are the people to go to. Thank you for all that you do for me and my family.
    - Minas M.
    “Great settlement and so happy with results!”
    Thank you so much for your help resolving my case. Bertoldo Carter Smith & Cullen helped me settle my case after another attorney messed up my medical treatment. They spent hours explaining legal matters and guiding me. The loyalty of this law firm was beyond my expectations. Great settlement and so happy with the results! Thank you for all your hard work!
    - Mahir S.
    “Utmost in professionalism”
    I've used Bertoldo Carter Smith & Cullen on a few occasions and always experienced professionalism. Their office staff is polite and informative throughout the process. Highly recommend the team. Thank you for always answering questions and being easy to work with.
    - Steven P.
    “They always made me feel like a member of their family and not just a client.”
    “The kindness and compassion they showed during my case was amazing! They always made me feel like a member of their family and not just a client.”
    - Ryan W.

A Proven Record of Results

Millions of Dollars Recovered for Our Clients
  • $100 Million Product Defect and Fatality from Helicopter Crash
  • $30 Million Fatality/Burn Disfigurement from Helicopter Crash
  • $19.5 Million Brain Damage from Motor Vehicle Accident
  • $18.5 Million Wrongful Death from Aircraft Accident
  • $16 Million Motor Vehicle Accident, Mild Traumatic Brain Injury
  • $12 Million Negligence Security leading to Sexual Assault
  • $10.8 Million Brain Injury, Premises Liability
  • $10 Million Brain Injury, Premises Liability