Category / Topic Archives: Claims
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
The Nevada Supreme Court just published a decision favorable to Nevada employees who have illnesses that are caused from their employment. In City of Las Vegas v. Lawson, a City of Las Vegas fire fighter filed a workers’ compensation claim after her breast cancer recurred, several years after she was initially diagnosed and treated for … Continue reading Occupational Illnesses: When to File a Claim
Good news for injured workers. The Nevada Supreme Court recently issued a new decision clarifying when an injured worker’s accident while walking down stairs at work is considered work-related and compensable. In Rio All Suite Hotel & Casino v. Phillips, the Court held that a poker dealer’s ankle injury was compensable. The dealer was walking … Continue reading Is Your Staircase Injury Work-Related?
Buzzwhack.com has coined the term drag factor for a person, issue, or process that delays a key decision. More injured workers cite the drag factor and their frustration caused by unnecessary or excessive delay in getting action on their claim as the primary reason for hiring an attorney to help them. Here are my 5 … Continue reading 5 Secrets to Overcoming the Drag Factor
Hay dos tipos de trabajo ligero para trabajadores heridos en Nevada: El trabajo ligero temporario, y trabajo ligero permanente. Las reglas son diferentes para cada tipo de trabajo ligero. Trabajo ligero temporario es trabajo ligero ofrecido por el empleador mientras el trabajador herido todavía está bajo tratamiento con un médico. Trabajo permanente ligero es un … Continue reading Trabajo Ligero: La Ley De Compensacion Laboral en Nevada
An injured worker asks, "Is it wrong for my employer to urge me to use my health insurance to get medical treatment for my back that was hurt at work instead of me filing a workers’ comp claim?" Yes, it is absolutely wrong for the employer to try to persuade you from using your health insurance instead of filing a … Continue reading Health Insurance v. Workers’ Comp Claim
There are two types of light duty for injured workers in Nevada: temporary light duty, and permanent light duty. The rules are different for each type of light duty. Temporary light duty is light duty work offered by the employer while the injured worker is still undergoing treatment with a doctor. Permanent light duty is a job offered … Continue reading More about light duty work
What should I do when my employer gives me work that is not within my temporary work restrictions? 1. Make sure that your supervisor has a copy of your current work restrictions that are written on your most recent physician progress report. Your employer is entitled to rely on what the doctor has written as your restrictions. If your … Continue reading Light Duty Question About Temporary Work
Many times an injured worker does not realize that other parts of the body have been injured when he or she is first getting medical care for the most obvious injury and when completing the C-4 claim form. Directly above the signature line on the C-4 Claim for Compensation form is a boxed area for the injured … Continue reading What To Do If a Body Part Is Not Accepted on Your Nevada Claim
The Las Vegas Sun ran an editorial on 11/18/09 on the under reporting of work place injuries, urging that OSHA do a better job in accurately counting the number of work injuries and illnesses. The editorial stated that workers often don’t report an industrial injury because they are frightened that they will be fired, disciplined, or will … Continue reading Why Report an Injury?
The adjuster employed by the third-party administrator (TPA) is the person who controls most of what happens on your claim. Many injured workers mistakenly think that it is the employer that makes claims decisions. While the employer may have considerable influence with the claims adjuster, the adjuster may also make decisions your employer does not … Continue reading About Workers’ Comp Adjusters