From car accidents to slips on wet floors, these are some of the most common injuries that happen at work.

Workplace safety is important for everyone. It doesn’t matter if you work at an office, warehouse, restaurant, construction site, hospital, or other public service position like police or
firefighters, work injuries happen.

Here are some of the most common work injuries:

Car Accidents during Work Related Activities

If you’ve been involved in a car accident while driving for a work related reason, you may be
able to receive workers compensation. It can be complicated, so you will want to talk with an
attorney to see if your vehicle accident qualifies you to file a workers comp claim.
Driving your vehicle for a specific work task, such as:

• Driving to and from a worksite
• Delivery or making a delivery for work
• Driving another employee for business purposes
• Running work-related errands

However, keep in mind that car accidents that occur during a commute is not covered in a
workers compensation claim.

If you have a driving job, like taxi-cab driver, truck driver, or parcel delivery driver there are
even more ways injuries happen while driving and it’s best to consult with an experienced
workers compensation attorney if you’ve been hurt or in a car accident while on the job.

Slips, Trips & Falls at Work

A slip and fall work injury happens when an individual trips or falls while walking, running, or
standing during the hours of employment. This type of injury often occurs because of slippery
surfaces or uneven ground. Slip and fall injuries can occur anywhere, such as inside a building or
outside on a sidewalk.

Did You Know? Slips, trips, and falls cause nearly 700 fatalities per year and many more
injurious accident in the workplace according to the Bureau of Labor Statistics.¹

If you’ve been injured due to a slip, trip or fall at work, contact Attorney Weinstock to go over
your options on filing a workers compensation claim.

Burns from a Work Accident

Burns are one of the most common workplace injuries. They can cause serious damage to skin tissue,
resulting in scarring and even death. If you sustain a burn, seek medical attention immediately. If the burn
was a result of a work injury, contact Attorney Weinstock for a free consultation.

Read more about Burn Safety from the OSHA Website: Preventing Burns from HOT STUFF pdf tip sheet.

Musculoskeletal Disorders: Sprains & Strains While Working

Workers in many different industries and occupations can be exposed to risk factors at work, such as
lifting heavy items, bending, reaching overhead, pushing and pulling heavy loads, working in awkward
body postures and performing the same or similar tasks repetitively. Exposure to these known risk factors
for MSDs increases a worker’s risk of injury. These muscular disorders can range from mild to severe,
and can occur at any age. This includes sprains of the ankle, knee, neck or back. If you suffer from an
injury that causes physical pain, contact Attorney Weinstock to see if you are entitled to compensation.

Work-Related Back Pain or Injury

Back injuries result from damage, wear, or trauma to the bones, muscles, or other tissues of the
back. Back disorders can develop gradually as a result of micro-trauma brought about by repetitive
activity over time or can be the product of a single traumatic event. Back pain injury from work is one
of the most common reasons people visit doctors. The question is though, is your back pain work
related or not? I have a more in-depth article I wrote on low back pain and how Nevada Law
defines a work related back injury and the benefits an injured worker may receive. You can find
that article here: Low Back Pain: Work-Related or Not.

If you’ve suffered from one of these most common work injuries, know your benefits and if
you are entitled to compensation.

Contact Attorney Weinstock to ask a question or for a free consultation.
Attorney Weinstock will talk with you and help you to understand the workers
compensation law and if you should file a claim.

Contact Attorney Weinstock by email or by phone at (702) 699-5336.

¹OSHA.GOV
https://www.osha.gov/sites/default/files/2018-12/fy16_sh-29672-sh6_SlipsTripsFallsHandoutforSafetyCommitteeMeetings.pdf

As a workers compensation attorney, we see a fair share of construction worker clients who have suffered from construction site injuries and accidents.

Construction workers often face dangerous working conditions that put them at risk for injury. Some of these risks include being exposed to high levels of noise, chemicals, and other hazards on the job site.

Learn about some of the most common types of injuries construction workers face.

1. Protect Yourself from Falling Objects.
If you work as a construction worker, you should take precautions to protect yourself from falling objects. This includes wearing proper safety equipment such as hard hats, steel toe boots, and gloves.
You should also avoid walking near open manholes, ladders, and scaffolding.

2. Stay Alert While Operating Heavy Equipment.
Construction workers who operate heavy machinery must stay alert at all times. They need to pay attention to what’s happening around them so they don’t fall off the machine. They should also make sure they wear appropriate protective gear.

3. Be Aware of Hazards Associated with Electricity.
Electrical shock is one of the most dangerous hazards associated with electricity. It can cause serious injury or even death. If you work near electrical equipment, you should follow these safety tips to avoid being shocked by an electric current.

4. Avoid Falls by Using Proper Footing.
To prevent falls, use proper footing when walking on uneven surfaces. This includes using ladders, scaffolding, and other elevated platforms. Also, make sure to wear appropriate footwear.

5. Wear Protective Gear When Working Around Hazardous Materials.
If you work with hazardous materials, such as chemicals, electricity, or heavy equipment, you should wear protective gear. These items will help protect you from injury.

What to do if you are injured at your construction job?

Of course, there is no guarantee that you will suffer a construction accident, but if you do, get medical help right away. Notify your employer, and then contact a workers’ compensation attorney who has experience with construction work injuries and who knows the laws for receiving compensation and treatment.

What types of benefits may a construction worker be entitled to if you are injured on a construction site?

Benefits may include:
• Medical treatment.
• Lost time compensation (TTD/TPD).
• Permanent Partial Disability (PPD).
• Permanent Total Disability (PTD).
• Vocational Rehabilitation.
• Dependent’s payments in the event of death; and
• Other claims-related benefits or expenses (i.e., mileage reimbursement)

If you’re a construction worker whose been injured in an accident, contact Attorney Weinstock for a free consultation at (702) 699-5336 or by email.

While the cost of a Permanent Partial Disability (PPD) exam usually falls on the workers’ compensation insurer. There are circumstances when the burden falls on the injured worker. Unfortunately, this burden just got a bit heavier for the injured workers to carry in these rare situations.

Effective February 1, 2022, the cost of a PPD evaluation for 2 body parts rose from $901.35 to $911.26. Every year the Nevada Medical Fee Schedule changes in February. These changes dictate what doctors can charge the workers’ compensation insurer for different services.  A copy of the current Nevada Medical Fee Schedule can be found here.

Two of the most common reasons an injured worker may have to pay for a rating out-of-pocket include situations in which the insurer is attempting to close the claim without a rating, and when the injured worker disagrees with the resulting percentage from a prior rating evaluation. While it use to be the case that an injured worker has to pay for a PPD exam when the insurer closes the claim without a PPD, this is no longer the case. An attorney can usually get a PPD exam without the cost being paid by the injured worker, however, time deadlines may still hinder that ability.  Do not hesitate to contact an attorney if your claim is being closed without a PPD evaluation.

If you believe your claim has been unfairly closed without a rating, or that you had an inaccurate rating evaluation, consult an experienced attorney in order to weight the pros and cons of paying the hefty out-of-pocket expense necessary to get a rating yourself. I will review your PPD report and offer free of charge.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

Effective January 1, 2022, the reimbursement rate for workers compensation related travel has been increased from 56 cents per mile to 58.5 cents per mile. See the Division of Industrial Relations’ memorandum here.

Injured workers are eligible for mileage allowance under NAC 616C.150. Mileage is eligible for reimbursement if the injured worker is (1) traveling to a doctor’s appointment related to his or her workers compensation claim (this includes physical therapy); (2) is using a private vehicle; (3) and travels 20 miles or more one way, or 40 miles or more within one week

In order to be reimbursed for eligible travel expenses, the injured worker must fill out a D-26 Application for Reimbursement of Claim Related Travel Expenses and submit it to the adjuster. Mileage expenses must be submitted within 60 days of the travel date.

There are a couple of things you can do to make reimbursement as simple as possible for yourself, as well as your adjuster.

• • Fill out one reimbursement form for each month. Submitting multiple forms at separate times throughout the month makes it more difficult for your adjuster to calculate the expenses, and may delay your reimbursement check;
  • Use MapQuest or Google Maps to calculate the mileage. Your adjuster will double check the distance using one of these sites;
  • When following up with your adjuster for mileage reimbursement check, have a copy of the request on hand. Knowing the dates that the request covered will help your adjuster know exactly which expenses you are referring to. Keep in mind that the insurance company has 30 days to issue a mileage reimbursement check. Generally, the check goes out in the mail the day after it is issued.

Mileage reimbursement is one of the under used benefits that injured workers are entitled to. Not everyone qualifies, but if you do take advantage of it and get your reimbursement.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

As mentioned in SB 289 part 1, this year’s legislative session was a big one and SB 289 was a huge bill. SB 289 changed apportionment, who can sign C-4s, determinations send by fax, added attorney’s liens, amended rules about accepting PPD awards, clarified existing rules on vocational rehabilitation, and allows claimants to recover costs. While SB 289 part 1 was all about the new apportionment changes, this blog will briefly touch on the rest of SB 289.

Who can sign C-4s?

Previously, only chiropractors (DC) and physicians (MDs and DOs) could sign the initial claims forms and treat injured workers. This led to massive problems when injured workers would be seen by a physician assistant (PA) or an advanced practice registered nurse (APRN) at Concentra and that PA or APRN would sign their C-4 form. In this scenario, insurance companies and their attorneys were arguing that the forms are invalid and/or there was not MD, DO, or DC causally connecting the injury as being job incurred as required by the statute. This was a technicality, out of the injured workers’ control, that was allowing for claims to be wrongfully denied. NOW, PAs and APRNs can sign C-4s and treat injured workers.

Side note on C-4s… they can now be signed electronically, however, the injured worker must be provided a copy at the time of discharge.

Determinations can be sent by facsimile (fax)?

Yes! NRS 616C.065 has been amended to include that if requested by the claimant or the person acting on behalf of the claimant all determinations made by the insurer must be faxed and the insurer must then retain proof of a successful transmission. If the insurer fails to retain proof of the successful transmission it shall be deemed a failure of the insurer to send by fax.

Why is this important? Dead are the days of insurance company’s making a detrimental determination, saying they sent it, you never getting it, and them arguing too bad. Unless they can show the determination was sent your appeal rights have been tolled. This means you will no longer be hit with “I sent a letter saying it was denied and you never appealed,” if they cannot show it was sent. This new rule only applies if you have requested determinations be sent to you by fax. Be careful, this also effects your appeal rights. There is an argument that this will limit your appeal time to 70 days rather than 73 days (3 days for mailing).

How many vocational rehabilitation counselors can I pick from?

I believe it was 2017 when the statue was amended to require the workers’ compensation insurer to send an injured work three vocational rehabilitation counselors to pick from. The problem was insurers were sending the names of three counselors that work for the same company. Now, the list of counselors must be “employed by at least three different organizations or entities.”

I can accept my PPD award in a lump sum and continue to fight?

Regarding most issues, yes! It used to be once you accept the PPD award all issues of fact and law are deemed final. This is no longer the case for “contested matters which are pending at the time the claimant executes his or her election to receive his or her payment for a permanent partial disability in a lump sum.” There are three exceptions to this new rule… one cannot accept his/her PPD award and continue to argue: 1) the scope of the claim (that more body parts or diagnoses should be included), 2) the claimant’s stable and ratable status (that more treatment is needed), and 3) the claimant’s average monthly wage.

I can recover costs?

NRS 616C.335 now allows for an award of costs against the opposing party for: clerks’ fees, reporters’ fees for depositions, fees for witnesses and an appeals hearing and deposing witnesses, reasonable costs for photocopies, postage, travel, and other litigation related expenses. Costs awarded pursuant to this new rule are “limited to the costs incurred as a result of the litigation of those issues which were decided in favor of the claimant.”

This is a big win for claimants, as insurers and employers often have deep pockets and go to great lengths to prove their point. This rule will even the playing field and allow claimants to build their case, with the possibility of being reimbursed if successful.

A lien for attorney’s fees?

Attorney’s can now assert a lien for attorney’s fees pursuant to NRS 18.015 on workers’ compensation claims. This protects attorneys and their ability to get paid for work performed on a client’s file.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

Average Monthly Wage for Fiscal Year 2022 Increases!

For Fiscal Year 2022, which began on July 1, 2021, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,927.83. This is applicable to injuries on claims filed after July 1, 2021. If you have a claim established already, this increase will not affect your benefits. The maximum temporary total disability benefit in Nevada is 66 2/3 of the maximum average monthly wage. That means that if the injured worker is off work due to the injury for a month, or her employer does not have light duty work within the doctor’s restrictions, she will receive $4,618.55 in compensation benefits that month. The usual 14-day payment will be $2,124.22. Each day in the pay period is counted, including Saturdays and Sundays, when calculating compensation benefits. The daily rate under the new maximum average monthly wage is $151.73

The average monthly wage used to calculate off-work benefits is also an important factor in determining how much money an injured worker will received if she has a permanent impairment, as defined by the criteria in the AMA Guides to Evaluation of Permanent Impairment. If the adjuster sends you a letter with your average monthly wage, and it seems too low, do not neglect to do something about it, even if you are not losing time from work. You could lose a significant amount of money by not making sure that the average monthly wage is as high as it should be when it is time to calculate a PPD award.

The average monthly wage at the time of the injury also controls the amount of compensation benefits if the claim is ever reopened in the future. Your original injury may have occurred ten years ago when you were making a lot more money, and you will want that average monthly wage to be used. If you need to reopen your claim now and will be out of work again for another surgery, your benefits will be based on what your income was 10 years ago.

Remember there are two ways to calculate average monthly wage: 1) 84 days wage history, and 2) an one-year’s wage history. The insurance company must use which ever is higher, when establishing your average monthly wage for workers’ compensation benefits. It does not cost anything to check with a reputable attorney about whether your compensation benefits are calculated correctly and whether you should be proceeding on a reopened claim as opposed to a new claim.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

This year’s legislative session was a big one, so big that I will need to break it down into separate blogs. There were three bills that passed this session, that will have an impact on workers’ compensation. The biggest of which was SB 289, which made changes to apportionment, who can sign C-4s, determinations sent by fax, liens, accepting a PPD while still contesting certain issues, vocational rehabilitation, and costs. This blog will discuss the changes to the statute that govern apportionment of PPD awards.

What is apportionment?

The easiest why to describe apportionment in terms of workers’ compensation is… it is a method to assign part of a permanent impairment to either a prior industrial injury or a non-industrial injury. Rating doctors apportion when they are evaluating an injured worker for a permanent impairment and the injured worker has a prior injury that is contributing to their overall permanent impairment. For example, if an injured worker was in a car accident that resulted in a back injury, then a year later hurts their back at work, the rating doctor might find that the prior back injury had an impact on the subsequent work injury. Apportionment allows a doctor to attribute some of the permanent impairment to the prior injury leaving the workers’ compensation insurer only responsible to the portion of impairment the doctor says is from the work accident.

How does SB 289 affect apportionment?

Prior to SB 289 a PPD rating physician or chiropractor could apportion a percentage they felt “just” whether they had medical records to justify the percentage or not. For example, if a doctor felt a prior back injury was contributing to an injured worker’s current back injury often times the rating doctor would apportion 50%. In this example, the injured worker might be found to have a 10% impairment and only receive a 5% after apportionment. Thus, dramatically reducing their PPD award.

With the passing of SB 289, a rating physician or chiropractor can no longer apportion if there was no prior PPD award, unless: 1) the insurer proves the existence of an impairment prior to the injured worker’s date of injury for the current claim, and 2) the rating physician or chiropractor states to a reasonable degree of medical probability that the injured worker would have had a specific percentage of disability immediately before the date of the injury. Thus, the days of an automatic 50% apportionment are gone!

In summary how will this affect your workers’ compensation claim moving forward?

If you have not had a prior PPD evaluation for the same body part or unless the workers’ compensation insurance company has medical records of a prior injury to the same body part and a rating doctor assigns a specific percentage of impairment to your prior injury do not worry about apportionment.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

While the cost of a Permanent Partial Disability (PPD) exam usually falls on the workers’ compensation insurer. There are circumstances when the burden falls on the injured worker. Unfortunately, this burden just got a bit heavier for the injured workers to carry in these rare situations.

Effective February 1, 2021, the cost of a PPD evaluation for 2 body parts rose from $865.02 to $901.35.

Two of the most common reasons an injured worker may have to pay for a rating out-of-pocket include situations in which the insurer is attempting to close the claim without a rating (although, there may still be a way to keep the burden on the Insurer in this case), and when the injured worker disagrees with the resulting percentage from a prior rating evaluation.

If you believe your claim has been unfairly closed without a rating, or that you had an inaccurate rating evaluation, consult an experienced attorney in order to weight the pros and cons of paying the hefty out-of-pocket expense necessary to get a rating yourself. I will review your PPD report and offer free of charge.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

Effective January 1, 2021, the reimbursement rate for workers compensation related travel has been decreased from 57.5 cents per mile to 56 cents per mile. See the Division of Industrial Relations’ memorandum here.

Injured workers are eligible for mileage allowance under NAC 616C.150. Mileage is eligible for reimbursement if the injured worker is (1) traveling to a doctor’s appointment related to his or her workers compensation claim (this includes physical therapy); (2) is using a private vehicle; (3) and travels 20 miles or more one way, or 40 miles or more within one weekIn order to be reimbursed for eligible travel expenses, the injured worker must fill out a D-26 Application for Reimbursement of Claim Related Travel Expenses and submit it to the adjuster. Mileage expenses must be submitted within 60 days of the travel date.

There are a couple of things you can do to make reimbursement as simple as possible for yourself, as well as your adjuster.

• • Fill out one reimbursement form for each month. Submitting multiple forms at separate times throughout the month makes it more difficult for your adjuster to calculate the expenses, and may delay your reimbursement check;
  • Use MapQuest or Google Maps to calculate the mileage. Your adjuster will double check the distance using one of these sites;
  • When following up with your adjuster for mileage reimbursement check, have a copy of the request on hand. Knowing the dates that the request covered will help your adjuster know exactly which expenses you are referring to. Keep in mind that the insurance company has 30 days to issue a mileage reimbursement check. Generally, the check goes out in the mail the day after it is issued.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

On October 8, 2020, the Nevada Supreme Court published their decision in Clark County v. Brent Bean, 136 Nev. Adv. Op. 65 (2020). The Court took the opportunity to agree with the District Court’s reasoning to deny Clark County’s Petition for Judicial Review that permanent partial disability (“PPD”) benefits differ from temporary total disability (“TTD”) benefits, in that PPD benefits are medical benefits  “intended to compensate the injured worker for permanent physical damages caused by the industrial injury or occupational disease and not a form of disability compensation associated with lost wages.” The Court not only agreed with the Appeals Officer’s finding that the Claimant in Bean was entitled to PPD benefits but held that compensation for a retired employee’s PPD rating must be based on the wages they earned before retiring.

Case Summary.

This is a firefighter case, where a firefighter filed a claim for industrial insurance benefits for an occupational disease after he had retired. The claimant in this case, Mr. Bean, worked as a Clark County firefighter and retired in 2011. Three years after he retired, in 2014, he was diagnosed with cancer and had part of his prostate removed. He received a 40% PPD rating and filed a claim for an occupational disease under the Nevada Industrial Insurance Act. (Certain professions like firefighters who develop cancer can file a claim for an occupational disease even after retirement.) See, NRS 617.453(6).

Clark County accepted Mr. Bean’s case but declined to pay him any benefits for the PPD rating. Clark County based their denial on a 2005 case, where the Nevada Supreme Court held that a workers’ compensation claimant is not entitled to TTD benefits for an occupational disease manifesting after retirement. See, Howard v. City of Las Vegas, 121 Nev. 691 (2005). However, in 2019 the Nevada Supreme Court held that a retired claimant was entitled to death benefits based on the wages earned immediately before retirement. See, DeMaranville v. Employers Insurance Co. of Nevada, 135 Nev. 259 (2019).

Mr. Bean appealed Clark County’s refusal to pay him benefits and won before the Appeals Officer. Clark County then appealed the Decision and Order to District Court and sought a Petition for Judicial Review. The District Court declined the Petition for Judicial Review and thus the Appeals Officer’s Decision and Order would stand. Clark County then appealed to the Supreme Court of the State of Nevada.

In this case, the Supreme Court stated, “We conclude that DeMaranville’s analysis of compensation for death benefits is directly applicable here because the regulation governing the calculation of compensation for both types of benefits [TTD and PPD benefits] is the same. Furthermore, neither death benefits nor permanent partial disability benefits are statutorily limited based on the amount of work missed, and both are meant to compensate an employee who suffers death or permanent disability resulting from their employment.”

The Court affirmed the District Court’s denial of Clark County’s Petition for Judicial Review, as the appeals officer correctly found that the retiree was entitled to permanent partial disability [PPD] benefits based on the wages he was earning at the time he retired.”

Another great decision from the Supreme Court of the State of Nevada!

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.