Frequently Asked Questions

Q1. What do I do if I get hurt at work in Nevada?

Report your injury to your employer immediately — Nevada law requires you to notify them within 7 days. Your employer must then provide you with a C-1 form (Notice of Injury). You also have 90 days from the date of injury to seek medical treatment through an authorized physician. If your employer directs you to a specific doctor, you must go there first. Prompt reporting protects your right to benefits. Delaying beyond these deadlines can result in your claim being denied. Once your claim is filed, the insurer has 30 days to accept or deny it. If you have questions or your claim is disputed, consult a Nevada workers' compensation attorney immediately.

Q2. Can I be fired for filing a workers' comp claim in Nevada?

Nevada law prohibits employers from retaliating against an employee for filing a workers' compensation claim. Firing, demoting, cutting hours, or otherwise penalizing you because you filed a claim is illegal. If your employer retaliates, you may have a separate legal claim against them. However, this protection does not mean your job is guaranteed — employers may still lawfully terminate employees for unrelated, legitimate reasons during your claim. If you believe your termination is connected to your work injury claim, document everything and consult an attorney promptly, as there are strict deadlines for pursuing retaliation claims in Nevada.

Q3. How long does a Nevada workers' comp claim take?

The timeline varies widely depending on claim complexity. Simple claims with accepted injuries, brief treatment, and no permanent disability may resolve in weeks to a few months. More complex claims — those involving surgeries, disputed liability, permanent partial disability (PPD) ratings, or appeals — often take one to three years or longer. The insurer has 30 days to accept or deny your claim after you file. Appeals before the Department of Administration Hearings Division add additional time. Working with an experienced workers' compensation attorney can help move your claim forward and ensure you aren't receiving less than you're entitled to.

Q4. What is a PPD settlement in Nevada?

PPD stands for Permanent Partial Disability. Once your treating physician determines you have reached Maximum Medical Improvement (MMI) — meaning further treatment won't improve your condition — you may be evaluated for a permanent impairment rating. A doctor assigns a percentage rating based on your injury. In Nevada, that rating is converted into a dollar amount using a formula tied to your age and average monthly wage. The resulting lump-sum payment is your PPD award. Insurance companies are required to make this offer, but they sometimes close files without offering PPD when one is owed. An attorney can review whether the rating and payout are accurate and fight for a higher award if warranted.

Q5. Do I need a lawyer for a workers' comp claim in Las Vegas?

Not always — but it depends on your situation. If your claim is straightforward, accepted without dispute, you're receiving proper treatment, and no permanent disability is involved, you may be able to handle it yourself. However, a lawyer is strongly advisable if your claim is denied, your benefits are cut off, you're pressured to return to work before you're ready, or you've been given a PPD rating you believe is too low. Nevada workers' compensation law is complex, deadlines for appeals are extremely short, and insurers have experienced adjusters working against you. Attorney Jason Weinstock charges a contingency fee — no out-of-pocket cost to you.

Q6. Who is eligible for workers' compensation benefits in Nevada?

In Nevada, any employee injured on the job or who develops an occupational illness is generally eligible for workers' compensation benefits. Nevada requires all employers with one or more employees to carry workers' comp insurance. This covers full-time, part-time, and seasonal workers. Independent contractors are typically excluded, though the actual nature of the working relationship — not just a job title — determines coverage. If your employer does not have workers' compensation insurance, you may still file a claim through the State Uninsured Employers' Fund. Coverage begins on your first day of employment; there is no waiting period for eligibility.

Q7. What benefits can I receive from a Nevada workers' comp claim?

If your claim is accepted in Nevada, you may be entitled to several types of benefits. Medical benefits cover all necessary treatment with no out-of-pocket cost to you. Temporary Total Disability (TTD) payments replace a portion of your wages if you're unable to work. Temporary Partial Disability (TPD) payments compensate you for reduced hours or modified duty. Mileage reimbursement is available for travel to and from medical appointments. If you have a lasting injury, a Permanent Partial Disability (PPD) award compensates for permanent impairment. Vocational rehabilitation may be available if you cannot return to your prior work. Death benefits may be paid to surviving dependents.

Q8. Can I sue my employer for a work injury in Nevada?

Generally, no. Nevada's workers' compensation system is the "exclusive remedy" for workplace injuries. This means that by accepting workers' comp coverage, your employer is shielded from personal injury lawsuits arising from workplace accidents — even if their negligence caused your injury. You cannot receive pain and suffering damages through the workers' comp system. However, if a third party — such as a contractor, equipment manufacturer, or driver — contributed to your injury, you may have a separate personal injury lawsuit against that party. These "third-party claims" can run alongside your workers' compensation claim and may allow for additional compensation.

Q9. What if my employer doesn't have workers' comp insurance?

If your employer is required to carry workers' compensation insurance but does not, you are not left without options. Nevada maintains an Uninsured Employers' Fund specifically to cover workers injured by uninsured employers. You can file a claim through this fund and receive the same medical and wage-replacement benefits you'd otherwise be entitled to. The state may then pursue your employer directly to recover those costs. Additionally, your uninsured employer may face fines and penalties from the Nevada Division of Industrial Relations. An attorney can help you navigate the filing process and ensure your claim is submitted correctly.

Q10. What is the deadline to report a work injury in Nevada?

Nevada law requires you to notify your employer of a work injury within 7 days of the accident. This notice should be in writing when possible. Beyond notification, you have 90 days from the injury date to seek medical treatment to keep your claim open. Missing either deadline can seriously jeopardize your right to benefits and may result in claim denial. For occupational diseases or conditions that develop gradually, the deadline runs from when you knew — or reasonably should have known — that the illness was work-related. If you are approaching these deadlines or unsure whether they apply, consult an attorney immediately.

Q11. Can I choose my own doctor for a work injury in Nevada?

In Nevada, your initial choice of physician is somewhat limited by the workers' comp system. If your employer or their insurer has a Medical Provider Network (MPN), you must initially see a doctor within that network. In an emergency, you may seek treatment at the nearest available facility. After your initial treatment, you may have options to change physicians, but you must follow the proper process for requesting a change through the insurer. Seeing an unauthorized provider can result in you being responsible for those medical bills. Understanding your rights to physician choice is important, and an attorney can help if you're being denied access to appropriate care.

Q12. What is Temporary Total Disability (TTD) in Nevada workers' comp?

Temporary Total Disability (TTD) benefits are wage-replacement payments made when a work injury prevents you from working at all, temporarily. In Nevada, TTD is calculated at 66⅔% of your Average Monthly Wage (AMW), which is based on your earnings during the 12 weeks prior to your injury. These payments continue while you are unable to work and are still receiving active medical treatment. TTD stops when you return to work, reach Maximum Medical Improvement (MMI), or when the insurer determines you can return to work in some capacity. If TTD is improperly terminated, you have the right to appeal that decision.

Q13. What happens when I reach Maximum Medical Improvement (MMI)?

Maximum Medical Improvement (MMI) is the point at which your treating physician determines your condition has stabilized and further treatment will not significantly improve it. Reaching MMI is a pivotal moment in your claim. At MMI, Temporary Total Disability payments stop. Your doctor may then assign a permanent impairment rating to assess lasting damage. If you have a ratable impairment, the insurer must evaluate you for a Permanent Partial Disability (PPD) award. If you disagree with the MMI determination or the impairment rating, you have the right to request an independent evaluation. An attorney can help ensure your impairment is not underrated, which directly affects your settlement amount.

Q14. Can I get workers' comp if the accident was my fault?

Yes. Nevada's workers' compensation system is a no-fault system, meaning benefits are generally available regardless of who caused the accident. You do not need to prove your employer was negligent to receive medical treatment or wage-replacement benefits. However, there are limited exceptions. If you were injured while intoxicated, under the influence of drugs, or if you intentionally caused your own injury, your claim may be denied. Horseplay or willful violations of workplace safety rules can also create complications. In the vast majority of workplace accidents, fault is not a barrier to receiving benefits under Nevada law.

Q15. What is vocational rehabilitation in Nevada workers' comp?

Vocational rehabilitation (voc rehab) is a benefit available to injured workers who are unable to return to their prior occupation due to a permanent work-related injury. In Nevada, the insurer may be required to provide vocational rehabilitation services — including job retraining, education, or job placement assistance — when a worker can no longer perform their pre-injury job. Voc rehab benefits also include a maintenance allowance to replace lost income during the retraining period. The goal is to return the injured worker to meaningful, gainful employment appropriate to their new physical limitations. An attorney can help ensure you receive all voc rehab benefits you qualify for.

Q16. What if my workers' comp claim is denied?

If your Nevada workers' compensation claim is denied, you have the right to appeal. The insurer will issue a written determination explaining the denial. You must act quickly — the deadline to appeal is very short, typically 70 days from the date of the denial letter. Appeals are heard by the Department of Administration Hearings Division. A hearing officer will review evidence and make a decision. If you lose at the hearing level, further appeals are possible to the appeals officer and then the Nevada courts. The appeals process is complex and time-sensitive, making it critical to consult an experienced workers' compensation attorney as soon as you receive a denial.

Q17. Are self-employed workers covered by workers' comp in Nevada?

Self-employed individuals and sole proprietors are generally not required to carry workers' compensation insurance on themselves in Nevada, and therefore are typically not covered under the system. If you are a true independent contractor, you are responsible for your own medical expenses and lost income if injured. However, if you have employees working for you, you are required to carry workers' comp on them. Some business owners purchase voluntary workers' compensation coverage for themselves. Additionally, if a company improperly classifies you as an independent contractor when you are actually functioning as an employee, you may still have a right to workers' comp benefits.

Q18. How much does a Nevada workers' comp attorney charge?

In Nevada, workers' compensation attorneys — including Jason Weinstock — typically work on a contingency fee basis, meaning you pay nothing upfront and no fee unless you recover benefits. Attorney fees in Nevada workers' comp cases are regulated by the state and must be approved by the hearing officer or appeals process. This regulation keeps fees reasonable and protects injured workers. Because the attorney only gets paid if you win, there is no financial risk to you in hiring representation. A free initial consultation allows you to discuss your situation and get an honest assessment before making any commitments.

Q19. What is an occupational disease claim in Nevada?

An occupational disease is a condition caused or significantly aggravated by the nature of your work over time, rather than by a single traumatic accident. Examples include carpal tunnel syndrome from repetitive motion, lung disease from workplace chemical exposure, or hearing loss from chronic loud noise. In Nevada, occupational diseases are covered under workers' compensation. The claim process differs slightly from accident claims — the deadline to file runs from when you knew or should have known the condition was work-related. Proving causation can be more complex in occupational disease cases, and medical documentation is especially important. An attorney can help build the evidence needed to support your claim.

Q20. Can I receive workers' comp and Social Security Disability at the same time?

Yes, but there are important offset rules. If you receive both Nevada workers' compensation benefits and Social Security Disability Insurance (SSDI), the combined total may be limited to 80% of your pre-injury Average Current Earnings (ACE) under federal law. Social Security may reduce your SSDI payments by the amount that the combined benefits exceed that threshold. This offset can significantly affect your overall income, and it's important to account for it when evaluating any workers' comp settlement. If you are negotiating a lump-sum workers' comp settlement while receiving or applying for SSDI, the structure of that settlement can affect the offset — consult an attorney before settling.

Q21. What should I look for in a Las Vegas workers' comp attorney?

Look for an attorney who focuses exclusively — or primarily — on workers' compensation law in Nevada. Workers' comp is a highly specialized area with its own procedural rules, deadlines, and agencies. A general practice attorney may lack the specific experience needed to maximize your claim. Ask how long they have practiced workers' comp law, how many claims they've handled, and whether they personally handle your case or pass it to a paralegal or associate. Look for someone who offers a free consultation, charges no upfront fees, and communicates clearly. Attorney Jason Weinstock has dedicated his entire practice to Nevada workers' compensation law and offers free consultations to injured workers.