Category / Topic Archives: Miscellaneous


Can I have a workers’ compensation and personal injury claim?
By Jason Weinstock on November 22, 2019

Just because you have a workers’ compensation claim does not mean you cannot also sue the person that caused your injury! However, if the person that caused your injury was an employee or due to the negligence of your employer, you are stuck with just a workers’ compensation claim. What are examples of when I … Continue reading Can I have a workers’ compensation and personal injury claim?

What Does Workers’ Compensation Being An Exclusive Remedy Mean?
By Jason Weinstock on October 18, 2019

All too often I hear from client’s “I don’t want to sue my employer… I love where I work!” Occasionally, I will also hear, “I hate my employer… this is all their fault, can I sue them?” My response to both of these clients is the same. In Nevada, an injured worker can not sue … Continue reading What Does Workers’ Compensation Being An Exclusive Remedy Mean?

Work Comp attorneys have been busy!
By Jason Weinstock on October 16, 2015

The monthly meeting of the workers’ compensation attorneys who represent injured workers was named the Workers Comp Working Group by the Nevada Justice Association with the presentation of a plaque. It was given to attorneys from the group who attended the annual NJA conference this past weekend in Long Beach California. JP Kemp, Jason Mills, … Continue reading Work Comp attorneys have been busy!


Nevada Workers’ Comp and Social Security Disability
By Jason Weinstock on March 4, 2014

     I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers’ compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general explanation.   Gerald is an excellent attorney who handles Social Security cases if you need one.:  … Continue reading Nevada Workers’ Comp and Social Security Disability

National Workers’ Comp Trends
By Jason Weinstock on December 6, 2013

     Las Vegas again hosted the annual Larson’s National Workers’ Compensation Advisory Board Meeting at the National Disability and Workers’ Compensation Conference  in November..  Advisory board members are attorneys though out the United States who either post blogs, or write expert commentary on the laws in their home states.  These attorneys also participate in … Continue reading National Workers’ Comp Trends

Is Your Work Comp Insurer Broke and Belly Up?
By Jason Weinstock on May 8, 2013

      On April 19, 2013,  S &C Claims Services, Inc., sent a letter to all injured workers insured by Builders Insurance Company that their checks due that week wouldn’t be sent as scheduled.  A Las Vegas District Court ordered the Commissioner of Insurance to act as Temporary Receiver for the company while future … Continue reading Is Your Work Comp Insurer Broke and Belly Up?


Holiday Hours
By Jason Weinstock on December 21, 2012

Our office will be closed for the Christmas holiday on December 24, 25, and 26.  We will be open on Thursday, December 27 and Friday, December 28. We will also be closed on Monday, December 31, and January 1, 2013.  We will be open on Jan.2. Happy Holidays! 

Avoiding Holiday Debt
By Jason Weinstock on December 6, 2012

 The holidays are such a difficult time for injured workers.  Compensation checks are late due to interrupted mail service,or bad weather back East, or due to adjusters taking vacation time.  Doctors’ offices cannot find appointment times for new patients as they try to squeeze in existing clients. Hospital and surgical centers are overbooked with patients … Continue reading Avoiding Holiday Debt

Injured Workers’ Facebook Friends Not Always Friendly
By Jason Weinstock on December 3, 2012

 Last week I had two cases involving two different workers’ compensation insurers trying to use an injured worker’s social media online presence to deny benefits.  In the first case, the adjuster sent the hearing officer  copies of photos from my client’s Facebook page showing him playing softball.  The issue at the hearing was whether my … Continue reading Injured Workers’ Facebook Friends Not Always Friendly


Retired Police Officer Paralegal for Work Comp Claims
By Jason Weinstock on September 25, 2012

I’m pleased to introduce a new staff member, Garth Baker,  to the firm’s clients and the many other injured workers who rely on this law blog for information about Nevada workers’ compensation law.  Garth became a paralegal after retiring  from the  Las Vegas Metro Police Department  as a Detective.   He served as a police officer in the capacity of patrol, … Continue reading Retired Police Officer Paralegal for Work Comp Claims

Senior Ride Program
By Jason Weinstock on May 29, 2012

A client brought to my attention that there is a Senior Ride Program with the Aging and Disability  Services Division of the State of Nevada.  Persons 60 years of age or persons of any age with a permanent disability should bring a letter from their doctor stating that the person has a permanent disability. This … Continue reading Senior Ride Program

Health Care Directives Are Necessary for Everyone
By Jason Weinstock on March 29, 2012

Attorney Laura Stubberud is an experienced estate planning attorney who wrote the following guest blog post.  I thought it was important information for injured workers.  For more blog posts on estate planning and elder law, please visit  Attorney Stubberud ‘s blog at www.nvestatelaw.com.              By Laura Stubberud I am often asked what is the one thing … Continue reading Health Care Directives Are Necessary for Everyone


Nevada Workers’ Comp Fraud You Don’t Hear About
By Jason Weinstock on December 23, 2011

Nevadans have  been convinced over the years that there are many workers who try to take advantage of the system, either by filing false claims or by prolonging their time off work, or by collecting undeserved permanent partial disability awards.   What the public in Nevada rarely  hears or reads about however, are the employers caught committing  workers’ compensation fraud, or the insurers who … Continue reading Nevada Workers’ Comp Fraud You Don’t Hear About

NEW YEARS’ RESOLUTION: Less Negativity
By Jason Weinstock on December 29, 2010

  I’m resolved this year to be so positive that those around me can’t help but to take some to use in their own battles with adversity  and negativity.   My clients come to me because they have overwhelming problems in dealing with their work injury- either medically, vocationally, emotionally, financially, or all of these things … Continue reading NEW YEARS’ RESOLUTION: Less Negativity

Caring for an Elderly Parent
By Jason Weinstock on November 2, 2010

I got behind in my blogging while I made a quick trip to North Carolina for a week of helping to care for my father.  He is undergoing radiation for throat cancer for seven weeks, and needs help with transportation to the oncology center, help with nutrition and self care, and coordination of other doctor … Continue reading Caring for an Elderly Parent


Construction Accidents
By Jason Weinstock on October 7, 2010

With unemployment in Nevada at an all-time high, construction workers who are injured on the job are afraid to report and file workers’ compensation claims. However, those who delay and then discover that they have a serious injury that may require surgery will regret that they did not follow the steps below. The risk of your employer … Continue reading Construction Accidents

Advanced Settlement Loan Companies
By Jason Weinstock on July 19, 2010

Occasionally, one of my clients asks me to sign a lien agreement with  a company offering to advance money to the client based on the client’s potential permanent partial disability award at the end of his claim.  I have never agreed to sign one of these agreements.  These advance settlement firms have been around a long … Continue reading Advanced Settlement Loan Companies

Unemployment Insurance and COBRA Externsion Due to Expire
By Jason Weinstock on February 5, 2010

Unless lawmakers in Washington act by February 28, 2010, the jobs bill passed in December that extended long-term unemployment insurance benefits and that gave a COBRA extension will expire.  With the unemployment in Nevada at an all-time high, this is terrible news  for workers who have been unemployed for a long time.  Read more about … Continue reading Unemployment Insurance and COBRA Externsion Due to Expire


Free Training For Employees Offered By DIR
By Jason Weinstock on September 25, 2009

The Workers’ Compensation Section of the Division of Industrial Relations has asked us to spread the word that they are offering a free training session for employees on injured workers’ legal rights, how to file a claim, what to do if the employer is uninsured, claims process deadlines, etc. on Wednesday, October 14, 1:30- 3:30 … Continue reading Free Training For Employees Offered By DIR

Surviving the Tough Times
By Jason Weinstock on April 21, 2009

 Some questions I receive from injured workers have nothing to do with workers’ compensation law, but are instead about how to make it through the difficult times following a work accident.   Few people can pay all necessary bills for very long on workers’ comp benefits of only two-thirds of their average monthly wage. Most injured … Continue reading Surviving the Tough Times