Tag Archives: Claims

Independent Medical Exams Are Rarely Independent

By 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 Orders

By 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 Complicated

By 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 Workers

By 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 Consider

By 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 Benefits

By 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 Injured

By 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 Claim

By 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 Injuries

By 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 →

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? →

5 Huge Mistakes Injured Workers Make

By 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 →

Uninsured Employers

By Jason Weinstock on May 23, 2011 Posted in 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 →

Signing Off on a Claim

By Jason Weinstock on May 21, 2011 Posted in Claims

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 →

More Probable Than Not

By Jason Weinstock on March 15, 2011 Posted in Appeals,Claims

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 →

Surveillance Investigations of Injured Workers

By Jason Weinstock on February 17, 2011 Posted in Claims,Insurance Companies

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 →

Is Your Staircase Injury Work-Related?

By Jason Weinstock on October 13, 2010 Posted in Claims

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? →

5 Secrets to Overcoming the Drag Factor

By Jason Weinstock on June 7, 2010 Posted in Claims

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 →

Health Insurance v. Workers’ Comp Claim

By Jason Weinstock on May 5, 2010 Posted in Claims

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 →

Light Duty Question About Temporary Work

By Jason Weinstock on April 3, 2010 Posted in Claims

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 →

What To Do If a Body Part Is Not Accepted on Your Nevada Claim

By Jason Weinstock on February 16, 2010 Posted in Claims

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 →

Why Report an Injury?

By Jason Weinstock on November 27, 2009 Posted in Claims

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? →

About Workers’ Comp Adjusters

By Jason Weinstock on March 16, 2009 Posted in Claims

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 →

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