Category / Topic Archives: Claims
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?
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
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?
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
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
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
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
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
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
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 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
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
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
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 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
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
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?
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?
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?
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
The penalties for employers who fail to purchase workers’ compensation insurance are high if they get caught, but as the economy continues to tank, more employers are going bare. If you are injured on the job and then discover that your employer doesn’t have a workers’ compensation policy in effect, do the following: 1. Complete … Continue reading Uninsured Employers
Many injured workers who call me for information about how to reopen their Nevada workers’ compensation claim tell me that they regret "signing off on their claim", and that they wish they had kept their claim open for medical care. It is true that when an injured worker signs the paperwork to receive a permanent … Continue reading Signing Off on a Claim
Under Nevada workers’ comp law, the burden of proof is on the injured worker to show that it is more probable than not that the injury or claimed occupational disease is work-related. This makes it very difficult to get a claim accepted if your doctor isn’t certain that your injury or illness should be treated under a comp claim. Your doctor … Continue reading More Probable Than Not
It is not unusual for an insurer or self-insured employer to hire investigators to videotape injured workers for the purpose of showing that the worker is not as injured as he or she claims to be. Investigators typically park in front of an injured worker’s home to get a few minutes of the worker going … Continue reading Surveillance Investigations of Injured Workers