Category / Topic Archives: Claims
If I Have A Workers’ Compensation Claim, Can I Find a New Job?By Jason Weinstock on August 7, 2020 Posted in Benefits,Information Center,Light duty
A lot of clients have this question. Frustration often sets in immediately after the injury, but can be made worse if the injured employee feels she is not being treated fairly at work, is not receiving TTD (pay for being out of work) benefits, receiving TTD benefits, or their employer is not following their work … Continue reading If I Have A Workers’ Compensation Claim, Can I Find a New Job?
More Changes From The Division Of Industrial Relations Just In For 2020.By Jason Weinstock on February 14, 2020 Posted in Information Center,Notice and filing
More changes from the Division of Industrial Relations just in for 2020! The Division of Industrial Relations (DIR) is a division within the State of Nevada Department of Business and Industry, which is responsible for overseeing workers’ compensation in Nevada. The DIR has been rolling out changes ever since the end of the 2019 Legislative … Continue reading More Changes From The Division Of Industrial Relations Just In For 2020.
Top Reasons a Nevada Workers’ Compensation Claim Gets Denied.By Jason Weinstock on February 7, 2020 Posted in Claims,Information Center
Workers’ compensation insurance is a requirement for all employers, with one or more employees. It is meant to protect employer’s from negligence lawsuits when an employee is hurt in the course and scope of employment, but also meant to give the injured worker a remedy and to provide medical and compensation benefits when they are … Continue reading Top Reasons a Nevada Workers’ Compensation Claim Gets Denied.
What Are Light Duty Job Offers and What Should I Look For?By Jason Weinstock on January 17, 2020 Posted in Light duty,Permanent Work Restrictions
When you are injured at work, your treating physician gives you a physician’s progress report (PPR) or a work activity report. These reports inform you, your workers’ compensation adjuster, and your employer of any work restrictions you may have. The PPR will guide your light duty job offer. On the PPR there is a place … Continue reading What Are Light Duty Job Offers and What Should I Look For?
I filed a workers’ compensation claim, do I need an attorney?By Jason Weinstock on October 4, 2019 Posted in Claims,Lawyers
Not necessarily! If your claim is running smoothly, you are getting the treatment you need, and you are receiving all your benefits, then proceed on your own. However, there are benefits to having an attorney that is knowledgeable regarding workers’ compensation law. What benefits are there in having an attorney’s assistance? A knowledgeable workers’ compensation … Continue reading I filed a workers’ compensation claim, do I need an attorney?
Cost of PPD increasedBy Jason Weinstock on February 23, 2016 Posted in Claims,Information Center,Injuries,Permanent partial disability awards
In most cases, it is the Insurer who is responsible for paying the cost of a Permanent Partial Disability exam. However, in some cases, the burden falls on the injured worker. Unfortunately, this burden just got a bit heavier for injured workers to carry in these rare situations. Effective February 1, 2016, the cost of … Continue reading Cost of PPD increased
What happens when your FCE is invalid?By Jason Weinstock on February 10, 2016 Posted in Benefits,Claims,Functional Capacity Evaluations,Permanent Work Restrictions,Temporary total disability benefits
An FCE is a Functional Capacity Evaluation that takes about 2-3 hours at a physical therapist’s office selected by the adjuster to help the treating doctor determine whether the injured worker should have permanent work restrictions. More and more treating physicians are requesting that they be done before the doctor gives permanent work restrictions. Unfortunately, … Continue reading What happens when your FCE is invalid?
7 Useful Definitions for Understanding Your PPD EvaluationBy Jason Weinstock on December 21, 2015 Posted in Claims,Information Center,Injuries,Permanent partial disability awards
In order to fully understand your Permanent Partial Disability evaluation, you need to know the meaning of a few of the important terms used by the rating doctors: AMA Guide to Evaluation of Permanent Impairment, 5th Edition- This is the book that the rating doctors in Nevada must use when determining the injured worker’s percentage … Continue reading 7 Useful Definitions for Understanding Your PPD Evaluation
Shame on DIR-Lame response to petitionBy Jason Weinstock on September 14, 2015 Posted in Benefits,Claims,DIR complaints,Information Center,Permanent partial disability awards
I wish I could say I’m surprised by the lame response by DIR (Division of Industrial Relations) to the Petition I file d in July for DIR to do its job and have an actuary review the discount rate used to convert permanent partial disability awards to present value lump sums. After you read DIR’s … Continue reading Shame on DIR-Lame response to petition
Rating hearing impairmentsBy Jason Weinstock on September 2, 2015 Posted in Benefits,Claims,Information Center,Occupational Illnesses,Permanent partial disability awards
I get so many questions about hearing impairments that I am attaching a link to a recent explanation written by rating doctor Michael Glick, D.O., that appeared in the DIR Medical Unit’s Seminar 2015 newsletter. Please note that a 5% for tinnitus converts to a 2% whole person award. Some doctors will award for tinnitus … Continue reading Rating hearing impairments
Getting benefits after you win your caseBy Jason Weinstock on August 21, 2015 Posted in Appeals,Benefits,Claims,Information Center
I have a lot of information on my website, blog posts, and Youtube videos for those injured workers in Nevada who want to represent themselves at hearings. But it appears that I haven’t addressed an important topic for those of you who successfully contest a claim denial and win your case in front of a … Continue reading Getting benefits after you win your case
Independent Medical Exams Are Rarely IndependentBy Jason Weinstock on November 3, 2014 Posted in Claims
When an injured worker in Nevada gets a letter requiring attendance at an "independent medical examination", it’s reasonable to assume that the doctor will in fact be independent and objective. Unfortunately, there is nothing independent about an adjuster choosing which doctor will second-guess another doctor’s opinion. For example, if a treating doctor reports that a … Continue reading Independent Medical Exams Are Rarely Independent
When a Win is Not a Win- Stay OrdersBy Jason Weinstock on October 1, 2014 Posted in Appeals,Claims
If an injured worker in Nevada successfully convinces a hearing officer to reverse an adjuster’s action on a claim, the insurer and/or the employer has the right to file an appeal to an appeals officer. The insurer or employer must file their appeal within 30 days (plus 3 days for mailing of the hearing officer’s … Continue reading When a Win is Not a Win- Stay Orders
Work-related Car Accident Claims Are ComplicatedBy Jason Weinstock on July 20, 2014 Posted in Claims
If you are injured while in the course and scope of your employment while driving, and the accident wasn’t your fault, your case is more complicated than the usual work injury case. I urge you to consult with a knowledgeable attorney so that you do not lose important rights and sources of recovery available to … Continue reading Work-related Car Accident Claims Are Complicated
Older Injured WorkersBy Jason Weinstock on July 1, 2014 Posted in Claims
Older employees in Nevada who have a job accident resulting in an injury, or those who have an occupational illness don’t fare very well under our current workers’ compensation system. For the majority of injured workers who have a work injury or illness who only miss a small amount of time and need a few … Continue reading Older Injured Workers
Hiring a Lawyer: Things to ConsiderBy Jason Weinstock on January 27, 2014 Posted in Claims,Lawyers
Here’s a rather lengthy article by the staff writer for Lexis Nexis Workers’ Comp. Communities, a website for workers’ comp lawyers, about a conference I spoke at on the topic of why injured workers hire lawyers. it was an interesting panel discussion with both defense lawyers and claimants’ attorneys. My bottom line message was … Continue reading Hiring a Lawyer: Things to Consider
Child Support Deduction from Nevada Work Comp BenefitsBy Jason Weinstock on January 21, 2014 Posted in Claims
Workers’ compensation benefits, including final settlement awards, called permanent partial disability awards, are generally not subject to assignments or garnishments, and are not subject to attorneys liens or medical provider liens. See NRS 616C.205. The one major exception to that general rule is that the statute does allow for payment of past due child support … Continue reading Child Support Deduction from Nevada Work Comp Benefits
Immigrant Workers in Nevada Need to Know Rights When InjuredBy Jason Weinstock on June 5, 2013 Posted in Claims
The Immigration Policy Center reports that Latinos and Asians make up one-third of all Nevadans. 15% of registered voters in Nevada are immigrants or the children of immigrants. Immigrants comprised 25% of the state’s workforce in 2011. It is estimated that 10% of the state’s workforce in 2010 were unauthorized immigrants who contributed millions in sales taxes … Continue reading Immigrant Workers in Nevada Need to Know Rights When Injured
The First 30 Days of Your Nevada Work Comp ClaimBy Jason Weinstock on April 13, 2013 Posted in Claims
The first 30 days of a serious job injury claim are confusing and scary. Here are a few important tips : Keep a copy of the C-4 Claim for Compensation form that you filled out to start the claims process when you first got medical care. Check it to see whether you were taken … Continue reading The First 30 Days of Your Nevada Work Comp Claim
Workplace Homicides and Violent Work InjuriesBy Jason Weinstock on November 9, 2012 Posted in Claims
Preliminary reporting by the U.S.bureau of Labor Statistics for 2010-2011 states that there were 458 homicides in the workplace nationwide. 22 of those work fatalities were in Nevada and were caused by violent co-workers, employers or others. However, not all violent deaths or injuries that happen at work are covered under workers’ compensation insurance. An employee who … Continue reading Workplace Homicides and Violent Work Injuries
Less Hours and Less Pay for Light Duty?By Jason Weinstock on October 24, 2012 Posted in Light duty
Some employers have a nasty way of reducing injured employees hours who are recovering from a work accident with temporary light duty work restrictions. You may be entitled to workers’ compensation called temporary partial disability benefits if your take home pay is drastically reduced. Here’s how to know whether you are entitled to these benefits, and … Continue reading Less Hours and Less Pay for Light Duty?
When Premiums Go Up, Will Reported Injuries Go Down?By Jason Weinstock on June 4, 2012 Posted in Claims,Notice and filing
The Las Vegas Chamber of Commerce magazine "Business Voice" reported in the June 2012 edition that Nevada employers with a history of claims should expect to pay higher premiums beginning on March 1, 2013. Premiums are set by the National Council on Compensation Insurance. The number and severity of work injuries are compared with … Continue reading When Premiums Go Up, Will Reported Injuries Go Down?
Can You Be Fired While You Have a Nevada Comp Claim?By Jason Weinstock on May 1, 2012 Posted in Job termination,Light duty
Both employers and injured workers are unsure about the law on firing an injured worker who is actively treating with a doctor on an accepted workers’ compensation claim in Nevada. Most people know that an injured worker cannot be fired simply because he or she files a claim for workers’ compensation benefits. There is an … Continue reading Can You Be Fired While You Have a Nevada Comp Claim?
5 Huge Mistakes Injured Workers MakeBy Jason Weinstock on January 12, 2012 Posted in Claims
1. Going along with bad medical care You don’t have to accept substandard medical care just because you were injured at work. It is hard to correct a botched surgery. If you feel reluctant or have a gut feeling that the surgeon the insurer has assigned to you isn’t very good or isn’t listening to you, change doctors. You … Continue reading 5 Huge Mistakes Injured Workers Make
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