Workplace injuries can happen when you least expect them. These injuries could come from slip and fall accidents, faulty equipment, auto accidents when performing work duties, or long-term strain. Nevada law provides protections for injured workers. These protections allow you to recover compensation for your injuries and losses from your employer's insurance company or by pursuing legal action.

However, these protections come with strict rules and deadlines. Failure to follow these laws could result in losing your rights to the benefits. Understanding Nevada’s work injury and compensation laws is critical. These laws determine how and when you can file a claim, what benefits you might receive, and what responsibilities your employer has.

The laws on work injury and compensation in Nevada are complex. Therefore, you will need the insight of a reliable personal injury lawyer. Your attorney will guide you through your claim and ensure you recover maximum compensation. Nevada work injury laws that you should know include:

  1. Strict Reporting and Filing Deadlines for Work Injuries in Nevada

Nevada has strict rules when it comes to work injury claims. The deadlines for reporting, filing, and appealing are short, and you must follow them. If you are injured at work, you should take action quickly. A quick response will help protect your rights and give you the best chance of receiving the benefits. Missing any of these deadlines could affect your case.

Some deadlines you must familiarize yourself with include:

Notice to Employer

Under NRS 616C.015, if you are injured on the job, you must tell your employer about it within 7 days. Notifying your employer is one of the most essential steps in the workers' compensation process.

You can let your employer know verbally or give a written notice. Most people use a specialized Form C-1, also an employee's claim for compensation. The form documents your injury and notifies your employer.

If you fail to report the injury within 7 days, you could lose your right to receive workers’ compensation benefits. In some cases, benefits might be reduced or denied altogether. However, if you have a valid reason, there may be exceptions. A typical exception is if your injury is severe, and you are hospitalized in the days following the incident.

Filing the Claim

After reporting your injury to your employer, the next step is filing a formal compensation claim. If you see a doctor or miss time from work due to your injury, you must submit a claim within 90 days of the incident date. To file a claim, your doctor must complete Form C-4, the Physician’s Initial Report.

The form is completed during your first medical visit and sent to the employer’s insurance company. If you are the dependent of a worker who died because of a job-related injury, the death is considered work-related. You will have 1 year from the date of the worker’s death to file a claim for death benefits.

The prolonged deadline allows the family members more time to gather the necessary documents and submit their cases. Missing the 90-day or 1-year deadline can result in losing your right to receive any benefits. These include payment for medical bills, lost wages, and other compensation related to the injury or death.

Insurer’s Deadline

Once the insurance company receives the C-4 form from the treating physician, it has 30 days to decide. The insurer must either approve or deny the claim within that time frame. During those 30 days, the insurance company will review your medical records, the incident report, and other documents.

If they approve the claim, you will receive benefits like medical treatment and compensation for lost income. If they deny your claim, you will receive a letter explaining the reason for the rejection. The letter will also outline the next steps for disputing the decision.

Dispute and Appeal Process

If the insurer denies your claim, you can fight that decision. You must request a hearing with the Nevada Department of Administration within 70 days from the date of the denial notice. The first hearing for your appeal is informal and handled by a hearing officer. If the officer rules against you, you can file an appeal.

An appeals officer then reviews the appeal, a more formal legal process. If you are still unsatisfied with the outcome, you can take your case to the district court. Each level of appeal has different rules and deadlines. Therefore, you should consult an attorney or legal expert if you plan to challenge the decision.

  1. Workers’ Compensation Offers Specific Benefits to Qualifying Individuals

Workers' compensation protects employees who suffer injuries or illnesses due to their jobs. Nevada's system provides several significant benefits, including medical needs and wage replacement. They include:

Medical & Wage Benefits

Eligible employees are entitled to all necessary medical care for their work injury or illness. This includes:

  • Visits to doctors, hospitals, and specialists
  • Surgery or other essential treatments
  • Prescription medications are covered with generic drugs when available.
  • Medical equipment such as braces, crutches, wheelchairs, and other assistive devices
  • Medical supplies related to treatment and recovery

A qualified medical provider must approve and deem these services necessary. The goal is to help the injured worker recover fully or as much as medically possible.

In addition to medical care, injured employees may also receive wage replacement benefits. These are calculated at two-thirds of the employee's average weekly wage and are subject to maximum and minimum limits set by state law. This means that while workers will not receive their full regular pay, they will receive a portion.

The compensation helps cover living expenses during recovery. The average weekly wage is based on earnings before the injury. Calculations may vary depending on employment type and hours worked.

Types of Disability Benefits

Nevada’s workers’ compensation system categorizes disability benefits based on the severity and duration of the injury. The different types of disability benefits include:

  • Temporary Total Disability (TTD)

     

TTD benefits apply when a worker is disabled from working for a limited period due to an injury. In this instance, two-thirds of their average weekly wage is paid until a doctor releases them to return to work.

  • Temporary Partial Disability (TPD)

TPD applies when an injured worker can return to work in a limited or light-duty capacity but earns less than before the injury. The benefit compensates for two-thirds of the difference between the pre-injury and post-injury wages. For example, if you earned $900 per week before and now earn $500 per week in a modified role, TPD would cover two-thirds of the $400 difference.

  • Permanent Partial Disability (PPD)

Sometimes, a worker has permanent physical impairments after treatment but can still do some work. In this case, they can recover for PPD benefits. These benefits are paid as a lump sum.

  • Permanent Total Disability (PTD)

In the most serious cases, a person can suffer permanent disability. If a work injury prevents you from returning to work, you may qualify for PTD benefits. These benefits provide long-term financial support and are often paid for a lifetime.

Vocational Rehabilitation

Sometimes, you cannot return to your former job due to lasting physical restrictions. If your employer has no appropriate modified position, you can recover compensation for vocational rehabilitation. The benefits include training programs that help you gain new skills or qualifications for a different type of job.

Additionally, you can receive a maintenance payment equivalent to the amount received under Temporary Partial Disability. It provides financial support while attending training. Vocational rehabilitation aims to help injured employees reenter the workforce in a new, suitable role.

Death Benefits

If a worker dies due to a job-related injury or illness in Nevada, their dependents may seek death benefits. These include:

  • Medical expenses related to the injury leading to death
  • Funeral and burial costs, up to a maximum of $10,000

Continuing financial support for dependents. These payments are set by a formula that accounts for the deceased worker’s wages and number of dependents and varies accordingly. Death benefits play a crucial role in the workers' comp system. They assist families in the wake of a work-related tragedy caused by the death of a loved one.

  1. Workers’ Compensation in Nevada is a No-Fault System

Workers’ compensation in Nevada follows a no-fault system. Injured workers can receive benefits even if the accident was their fault. The goal is to provide quick help for workers without blaming anyone for the injuries or illnesses.

In a no-fault system, employees must not prove their employer did anything wrong. They just need to show the injury happened at work or was related to their job. For example, if you slip and fall while carrying tools. Even if you were walking carelessly, you can still recover compensation. The key to workers' comp is that the injury occurred while doing work tasks.

Importance of the No-Fault System

The no-fault rule helps speed up claims. Workers do not need to sue or spend months proving fault. It helps them receive medical care and wage replacement sooner. The system also protects employers from liability for employee injuries. Since workers give up the right to sue, businesses avoid lengthy legal battles. Instead, the insurance system handles the claims.

If you suffer a job-related injury or illness in Nevada, you may receive compensation for your medical expenses and other losses related to the injury. You receive these benefits even if the injury was your fault. You only need to prove that it happened during work.

Filing a Workers' Compensation Claim

If you are injured at work, you can file a claim by following these steps:

  • Tell your employer right away.
  • See a doctor and fill out a C-4 form.
  • Your employer and their insurance will then review the claim.

Denial of Compensation Under the No-Fault Workers' Comp System

No-fault does not mean automatic approval. This means that fault is not the main issue, but other rules still apply. Even in a no-fault system, there are limits to communication. Some reasons for denial include:

  • The injury happened while under the influence of drugs or alcohol. If you suffer an injury while impaired by drugs or alcohol, your claim may be denied. Being under the influence can affect judgment and violate workplace safety policies.
  • The injury happened while doing something illegal. Injuries that occur during illegal activities are generally not covered. It includes both criminal actions and violations of company rules or procedures.
  • The injury happened outside of work. Workers' compensation only applies to injuries that occur on the job. You cannot recover compensation if the injury occurs during personal time or off-site without work duties.
  • The worker was not following safety rules on purpose. You are not eligible for workers' compensation benefits if you knowingly break safety rules. Ignoring safety procedures shows reckless behavior, which the system does not support.

You can file an appeal if your workers' compensation claim is denied. Nevada has a hearing system to handle disputes. The key question in these hearings is whether the injury happened at work.

Special Cases

Some unique cases fall outside the typical workplace injury. They include:

  • Repetitive stress injuries, like carpal tunnel syndrome, develop over time from repeated motions.
  • Mental health claims, including stress, anxiety, or PTSD, resulting from work-related situations.
  • Work-related illnesses, such as exposure to hazardous substances, can lead to chronic conditions.

These claims can be more difficult to prove because their symptoms may not appear immediately. However, if the connection to work is well-documented and clear, they are still covered under no-fault workers’ compensation laws.

  1. Employer Obligations and Enforcement

Another law that you should know about work injury and compensation is the obligations of employers. They include:

Insurance and Reporting Requirements

All employers must carry workers’ compensation insurance. The rule applies to every business that has employees, including sole proprietors who hire workers. The law also covers undocumented workers. There are no exceptions based on immigration status or business size. Employers must act quickly when a workplace injury occurs.

After learning about the injury, they should file Form C-3 (Employer’s Report). The form documents the incident and begins the workers' compensation claim process. In serious injuries, employers must report the incident to the Division of Industrial Relations. They must make the report within 8 to 24 hours, depending on the severity of the case. Prompt reporting ensures proper investigation and worker support.

Physician Selection

When a worker files a compensation claim, the employer must provide access to medical care. Employers must offer a panel of authorized physicians. The injured employee may then choose one doctor from this list to serve as their treating physician for the duration of their claim. It ensures the worker receives treatment from providers familiar with workers’ compensation procedures.

Light-Duty Job Offers

If a medical provider finds the injured worker able to work in a limited capacity, the employer must act. They should then provide a light-duty position within thirty days of this determination. The new responsibilities should be within the medical restrictions of the worker.

Vocational rehabilitation may be initiated if your employer does not have an employment offer for you. These services support the worker in retraining or securing other employment. This obligation will foster the re-hiring of workers by employers and prevent unnecessary loss of productivity.

Penalties for Non-Compliance

Failure to follow workers' compensation laws can lead to severe penalties for an employer. They include:

  • If an employer does not carry insurance, they may face fines up to $15,000, potential business closure, and civil liability. Operating without required coverage is considered a serious violation that can result in criminal charges.
  • If an employer fails to report injuries, they may face fines of up to $1,000 per violation. The violations include late or missing reports that delay the claims process.
  • If there is an unreasonable delay in payments to injured workers, the administrator has the authority to act. Penalties for failure to act can include fines of up to $5,000 per violation and mandatory back payments.

These enforcement measures protect injured workers and ensure timely access to benefits. Employers must stay compliant to avoid legal and financial consequences.

Find a Competent Personal Injury Attorney Near Me

Nevada’s workers’ compensation laws are fair, efficient, and protective. The system operates on a no-fault basis, meaning injured workers can receive benefits without proving who was at fault. It covers how victims must report workplace injuries and how they are assessed, compensated, and reviewed.

Workers must make timely injury reports and follow proper procedures to gain benefits. Employers have obligations to provide safe workplaces and to cooperate with claims. Failure to meet a deadline or use the appropriate process can result in delayed or diminished benefits. Knowing your rights and responsibilities helps ensure quick and fair claims handling.

It also supports a safe and healthy return to work for everyone involved. If you are injured on the job, you should not navigate the system alone. At Las Vegas Personal Injury Attorney Law Firm, we will help you understand your rights and fight for the benefits you deserve. Contact us today at 702-996-1224 from Las Vegas, NV, for a consultation.