As a worker, you may sustain injuries at your workplace, resulting in limited mobility and availability to continue your tasks. Your employer remains primarily responsible for you during work, meaning you can file a worker's compensation claim to recover after the injury. Their responsibility over you extends mainly to protect you from meeting unnecessary costs and to help you rebuild your life through the compensation you receive.

Securing your worker's compensation application is essential, as it allows you to seek all the services necessary to help with your recovery. If you have yet to file a worker's compensation claim, you must partner with an experienced personal injury attorney. Their input and guidelines will help you avoid delays in seeking compensation, allowing you to obtain maximum benefits.

The Worker's Compensation Filing Process

Employees in Nevada have limited options for pursuing compensation after a work-related injury, as the law only allows you to file a worker's compensation claim. Based on this provision, you cannot sue your employer in a court case for an accident causing injury at work unless it involves facts relevant to negligence or criminal charges.

Pursuing a worker’s compensation claim should therefore be a primary priority after you experience a work-related accident. Your personal injury attorney will guide you on the nature of accidents that warrant your application, as they should fall within the scope of employer-employee relationships.

If you decide to file your claim, you need to follow a specific process that secures your access to the compensatory fees. It involves various procedures that your attorney can handle on your behalf, so you do not have to worry about undertaking all the obligations yourself.

The process to follow when filing a worker's compensation claim in Nevada is as follows:

  • Ascertain that You are an Employee Within the Legal Scope

Although your employment relationship may seem definite, your attorney may advise you to take steps toward ascertaining your employment position. The process is necessary because it validates your claim, making it the employer’s obligation to ensure you receive a worker's compensation amount.

Employment laws in Nevada recognize employees as anyone working for someone else, regardless of whether a written employment agreement exists. Further, the law also recognizes employees working illegally, either because they have entered the state unlawfully or because the working relationship is invalid under the law.

The existence of these legal provisions transcends legality mainly because of the need to protect employees in all conditions, especially after they suffer injuries. You can thus pursue action despite working under circumstances the law does not cover, provided you understand worker's compensation regulations.

Applicable employment laws also recognize the relationship between employers and subcontractors in Nevada, as they answer directly to the primary contractor. They can therefore qualify for worker's compensation because they fit within the requirements for employment.

Despite the broad scope of who an employee is, some work relationships fall outside the employee's coverage. You cannot claim worker's compensation if your work relationship falls under these categories. Examples include people working temporarily in the state, meaning they have worker's compensation in a different state. They will have to seek any type of worker's compensation from their home state, making them ineligible for an application in Nevada.

Additionally, if you have private insurance coverage for disability and death benefits, you cannot claim worker's compensation after a work-related injury. The basis for this is that the private coverage is sufficient to meet any necessary costs, as your employer works with a private insurance scheme.

Independent contractors can only file for worker's compensation if they are paid need-based. Therefore, the nature of their work fails to meet employment requirements, making them responsible for their own costs in the event of injuries while performing their duties. This same restriction applies to any casual worker with a salary below $500 who has worked for a maximum of twenty days. Compensation fails to apply because of the short nature of the working relationship, in the interest of protecting an employer from excess costs.

  • Request for a Worker's Compensation Application Form

Having established that you can apply for worker's compensation as a recognized employee, you must request the worker's compensation form. Your employer should have the documents available upon request, as they have to help you begin the application process. Even so, some employers may be defensive of your intention to file for worker's compensation and delay giving you the form. Additional challenges may also hinder you from obtaining access from your employer, depending on your circumstances.

Your personal injury lawyer can help you source the worker's compensation form by engaging the Department of Business and Industry in Nevada, the Worker's Compensation Section, or the Division of Industrial Relations. Since your lawyer knows these various departments, you do not have to worry about receiving the compensation form.

The form is known as the Notice of Injury or Occupational Disease (C-1 form), and it requires you to fill in several details to aid with the filing process. You will have a seven-day window after the accident date to complete it, so you must understand the various form requirements. They include:

The Date and Time of Your Accident

Specifications about the time and date of your accident and subsequent injuries are important when filing a compensation claim. The reason is the need to ascertain that you filed within seven days, making your application valid.

The time and date specifications are also necessary because they provide a reference point for the circumstances leading to your injuries. Thanks to this information, you can expect the insurance company to make a fair determination about the monetary figure you need, giving you a fair chance to recover fully.

How You Sustained the Injury

The insurance company handling your compensation claim must also understand the events leading to your injury. They ask for details about how you faced an accident to ascertain that no malicious and predetermined actions caused harm, as this would warrant a separate legal course.

When you have the required details, you can request guidance from your personal injury attorney on what to include. Doing so helps you provide critical information that justifies your worker's compensation claim, especially because you fulfilled your employment duties.

Include the details if you strongly believe you suffered injuries because of substandard conditions at work, like broken equipment, inadequate protective gear, and a harsh working environment. You are in a better position to receive a better compensatory amount when the nature of your working conditions is potentially harmful, as your employer ought to fix the conditions.

The Accident Location

The C-1 form requirements also include a section detailing the location of your accident. Since you are filing a worker's compensation claim, the location must be somewhere you would be within your scope of employment to help you receive the benefits.

If you are unsure about whether the location of your accident still allows you to file for compensation, you can consult your attorney on the issue. For example, if you work as a driver and face a road accident outside company premises, you may question the claim's validity.

Overall, the compensatory guidelines cover any employee within their scope of employment, regardless of their location. Using the road accident example, you can still file for compensation if you drove within the designated route to complete company tasks.

The location details are also important to establish whether a specific zone is a safety hazard for company workers. Your employer will benefit from your details, as they can keep records of specific account locations.

Whether Any Witnesses Were Present at the Scene

The presence of witnesses during your accident further solidifies your worker's compensation claim because they can support your statements. If anyone was present at the accident scene, you can request their testimony or sworn affidavits to ensure you have the justification necessary when submitting your claim.

If no witnesses were present, you can also indicate this in the C-1 form to let the insurance company know the circumstances. This should allow them to qualify you for worker's compensation, provided you meet all the baseline requirements.

The Sustained Injury and Affected Body Part

Injuries vary depending on the work environment and the surrounding circumstances. For example, if your work role entails providing physical labor, you are more prone to slip-and-fall accidents, back-related injuries, and fractures in some cases. Factory workers also interact with toxic chemicals in gaseous and liquid forms, making them prone to serious injuries in the event of an accident.

If you work in an office, you may face injuries when handling tools and machines like printers, staplers, and electric wires. Your compensatory claim is valid regardless of the nature of your injury, so you must accurately indicate the details.

Your C-1 form must include the specific body part affected by the injury and the type of injury you sustained. They range from deep cuts to fractures, sprains, skin burns, and long-term medical conditions.

Any claim related to long-term injuries from repeated exposure to harmful work conditions falls within the occupational health and safety category. Due to the nature of your claim, you must provide additional details about your exposure levels to the harmful conditions that caused a medical problem.

Whether You Received First Aid

Workplace safety protocols are also important, especially after an employee sustains an injury. Ideally, all workplaces should have a first-aid response protocol to provide care before you seek medical treatment.

Failure to receive first aid may further justify your need for worker's compensation. This is especially true if your injury worsened because of inadequate care soon after the accident. However, the information does not necessarily justify higher compensation, as the insurance company also aims to balance the employer’s interests.

Whether Other Employees Also Faced Injuries

If any other parties are involved in your work-related accident, you should also include their details. With this information, your employer can follow up on whether they contributed to your injuries or helped you recover.

  • Justify Your Worker's Compensation Claim

After completing your C-1, you need to indicate the justifications for your claim. In doing so, the primary objective is to show why you need financial compensation after the truck accident and injuries. To answer this, you must demonstrate that you suffered financial loss from the work-related injury during the filing stage.

Therefore, your personal injury attorney will help you prepare a statement of records to show that you had to cover expenses after the accident. Medical fees are often at the top of the list, as you must receive medical attention to treat your injuries.

You can justify your claim by providing an Employee’s Claim for Compensation or a Report of Initial Treatment (C-4 form). The form contains details from you and your doctor, along with specifications on the type of treatment you received. Filing your part should be straightforward, as you will provide the same details issued in the C-1 form and the needed insurance company details.

The C-4 form requirements will guide the doctor on the specifications to provide to ensure the form is comprehensive. Some important details for your doctor to fill out are:

The Doctor’s Primary Diagnosis

Understanding the nature of your condition is important because it can help link your case to work-related circumstances. This is especially important if you claim that your injuries occurred because of occupational risks like exposure to components known to cause cancer.

Your doctor’s diagnosis also provides insight for the insurance company to estimate the compensatory amount suitable to help you cover your medication costs as you recover from the condition.

Whether You Should Receive Additional Care

Some injuries, like bone fractures, significantly limit mobility and require additional care. Sometimes, you may need a live-in nurse to help you adapt to wheelchair or crutch use if injuries cause permanent disabilities.

By indicating these drastic changes in the C-4 form, your doctor helps to justify your worker's compensation claim and increases your chances of receiving a fair amount.

Your State of Mind Before the Accident

As part of your case assessment, insurance companies must also determine whether you were under the influence before the accident. They request this information because it can justify their reduction or refusal to issue compensatory funds.

The reason for a refusal would be because you violated work codes and ethics that prevent working while under the influence of drugs or alcohol. If your accident involved working while drunk or high, consult your personal injury attorney to proceed with the claim.

Your doctor should also indicate whether you need specific rest days off work, especially if they exceed five days. Similarly, they should indicate whether you have a previous medical condition that would worsen your current injuries. For example, if you have a platelet deficiency, it may have caused excessive bleeding after the work accident.

Benefits to Expect After a Successful Workers Compensation Claim

After completing the filing process, you can receive various benefits for your work-related injury. Among the essential claims to file are:

Compensation for Medical Treatment

After suffering an injury in a work-related accident, the main objective is to receive medical attention as soon as possible to prevent medical complications. Despite the allowance to seek treatment, you must choose a doctor from a specific list of authorized service providers as directed in the Nevada Occupational Diseases Act.

Medical compensation claims should help you cover expenses like inpatient treatment, medication, future physical therapy sessions, and any surgery required to promote full recovery. With your attorney’s help, you can consolidate all the medical documents necessary to justify your claims.

Recovery for Loss of Earning Capacity

Some injuries may cause long-term bodily harm, requiring you to leave work for significant durations or even for the rest of your career. If so, you need compensation for the loss of earning capacity to sustain you through the time you cannot earn. Your attorney can help you estimate the projected earnings to justify your claims and increase your chances of receiving the requested amount.

Damages for Death Caused

You can also file for compensation as an aggrieved loved one after losing a close family member in a work-related accident. The justifications for presenting the claims include the loss of consortium, financial support, and funeral claims. The total amount you can expect to receive as death benefits is $10,000 for funeral costs and up to two-thirds of the deceased's earnings to be split equally between the spouse and children.

What to Do if Your Insurance Company Ends Your Compensation Claim

Upon finalizing your work injury claim, you can submit the information to your employer and a copy to the insurance company. By concluding this step, you will have finalized the worker's compensation filing process, and you can now wait for their response.

The insurance company then cross-checks your wage verification form (the D-8 form) as well as a copy of the medical claim C-3 form you presented. Since insurance companies work with a six-day deadline, you need to submit your documents within the allocated time to prevent any hold-ups.

Appealing the Insurance Company’s Decision

After the insurance company serving your employer approves your claim, you will receive benefits in your account at specific intervals until the payments are complete. Conversely, if they deny your claim, they should notify you of the decision. The insurance company should also inform the Department of Industrial Relations to help them prepare for subsequent counterclaims.

However, the insurance company working with your employer may decide to close your compensation claim earlier than you anticipated. They may do this based on medical evidence indicating the nature of your injury. If you strongly believe that the closure of your claim is unfair, your attorney can help you file an appeal with the Department of Administration, specifically in the hearing division. They handle your contested claim and advocate for a decision review.

Your attorney may also advise you to settle if necessary to avoid the extra legal fees incurred in filing an appeal. They may present this position if they believe the insurance company’s case is more convincing.

Circumstances Under Which One May Reopen their Claim

Some injuries may worsen over time, making it necessary to reopen your compensation claims to receive benefits equivalent to the harm you suffered. When preparing to reopen your case, you need to verify documents from the doctor who treated you.

The critical information to provide to ensure you proceed with the claim should indicate that you currently face a worse condition. Further, the doctor’s report must demonstrate that the worsened condition arose from the initial work-related injury. You will then send the details to the insurance company for assessment, based on the doctor’s findings.

Overall, the goal is to help you adjust your life after facing a work-related injury, especially after your condition escalates. You can look forward to receiving more benefits by presenting the necessary information.

Find a Personal Injury Attorney Law Firm Near Me

After sustaining work-related injuries, your employment opportunities may be significantly reduced because of your limited working abilities. As a result, you are entitled to seek compensation from your employer for the injuries you suffered, primarily because the accident happened at work.

Although the worker's compensation system is well established, you may face several challenges as a new applicant. Working with a personal injury lawyer is essential, as they understand the application process and the expected timelines. Your attorney is also available to answer any questions about the filing process.

At the Las Vegas Personal Injury Attorney Law Firm, you can expect to work with highly experienced personal injury attorneys who understand the worker's compensation filing process. With their help, you can complete your filing on time and provide all the information necessary to ensure you receive the required compensation amount. Additionally, your attorney is ready to answer any questions and provide additional information about filing the claim in Las Vegas, Nevada. If you or your loved one intends to file a worker's compensation claim, call us today at 702-996-1224.