Workers' Compensation Attorney

Question 1

What is workers’ compensation?

Answer

Workers' Compensation is the exclusive remedy in Nevada, meaning it is your only way to recovery monetary and medical benefits for a work injury.

Question 2

Can I sue my employer if I get hurt at work?

Answer

No. A workers’ compensation claim is the only way to recover money damages and payment for medical treatment.

Question 3

Can I sue anyone besides my employer for an injury that happened at work?

Answer

Possibly. If your injury was caused by faulty equipment or someone else’s negligence you may have a third-party claim against the manufacturer or tortfeasor.

Question 4

Why would I file a workers’ compensation claim?

Answer

If you are hurt or injured while working.

Question 5

What if my employer doesn’t have workers’ compensation insurance?

Answer

Nevada requires all employers with one or more employees to have workers’ compensation insurance. If an employer does not have workers’ compensation insurance, the injured employee can still pursue a claim under the State Uninsured Fund. The employer may be subject to fines from the Division of Industrial Relations and have to reimburse the Uninsured Fund.

Question 6

Can I get workers’ compensation if I am Self Employed?

Answer

Typically, no. Unless you have a workers’ compensation insurance policy on yourself.

Question 7

Can an Independent contractor file a workers’ compensation claim against the company they were hired by?

Answer

Typically, no. Independent contractors are not entitled to the policies of the primary contractor. An independent contractor would, usually, be required to have their own policy or go through the Uninsured Fund with the DIR.

Question 8

How long do I have to file a workers’ compensation claim?

Answer

You must notify your employer of the accident and injury within 7 days and see a doctor within 90 days. It is the completing of a C-4 form at the initial doctor visit that starts the workers’ compensation claim.

Question 9

How long does it take to file a workers’ compensation claim?

Answer

The workers’ compensation insurance company has 30 days from the date the C-4 form was submitted, by the doctor, to accept or deny the claim.

Question 10

Does Marijuana affect workers’ compensation claims?

Answer

It can, if your use of marijuana led to you being intoxicated while working. Marijuana is still a new and tricky area in workers’ compensation and may or may not affect your rights to a valid claim or TTD benefits.

Question 11

Can I go to my own doctors for treatment or do I have to go to a specific workers’ compensation medical center?

Answer

Almost all workers' compensation insurance companies have a list of doctors who are on their "list of providers." You must treat off of the list specific to the insurance company handling your claim. If the insurance company does not have a list, then the doctor you treat with must be on the DIR’s list of "approved treating providers."

Question 12

Can I get paid if I cannot work?

Answer

Yes. If you miss more than five (5) consecutive days of work, because of your injury, you are entitled to temporary total disability benefits.

Question 13

Can I go back to work and still collect workers’ compensation?

Answer

Only if the doctor has you on light duty and you are receiving less hours or less pay than you normally would. In that situation you may be eligible for temporary partial disability "TPD". You can also still receive a PPD settlement/award if you are back working full duty, if one is applicable to your case.

Question 14

What are all the benefits that workers’ compensation provides?

Answer

If you have a valid accepted claim, you may be eligible for: paid medical treatment with no out-of-pocket costs, payments for missing work, payments for working less hours, reimbursement for your mileage to and from the doctors office, a settlement/award for any permanent disability, vocational rehabilitation, and survivor death benefits.

Question 15

What do I do if the workers’ compensation insurance company denied my claim, payments, or treatment?

Answer

File a "Request for a Hearing" with the Department of Administration, Hearings Office. You have 70 days to request an initial hearing on any adverse determination made by the workers’ compensation insurance company.

Question 16

What will my workers’ compensation settlement/award be?

Answer

It depends. A workers’ compensation settlement/award is determined in part by a permanent partial disability "PPD" examination. At a PPD examination a rating physician gives you a percentage of permanent impairment. This percentage is used with your age, average monthly wage, and a coefficient from the current actuarial tables to determine the amount of the settlement/award. Not every work injury entitles someone to a settlement/award.

Question 17

Where can I get more information about the law for injured workers?

Answer

I publish a free Injured Workers’ Guide to Nevada Workers’ Compensation Law, which is available to the public and can be requested from my website. An injured worker could also seek a consultation with an experienced workers’ compensation attorney.

Question 18

Should I hire a workers’ compensation lawyer?

Answer

It depends. It is always helpful to have someone that knows the laws and how the workers’ compensation system works on your side and fighting for you. Each case is different. It is always recommended to take advantage of a free consultation or free case review.

Question 19

Do all attorneys offer a free consultation?

Answer

Most workers’ compensation attorneys, like me, offer free consultations to injured workers. Unlike my office, some attorneys will have you meet with a legal assistant first, before meeting with the attorney. At my office an injured worker will only meet with the attorney for a consultation or case review. Click here to schedule a free consultation or case review with me.

Question 20

What does a workers’ compensation lawyer charge if I sign the contract?

Answer

The industry standard is 33 and 1/3% for any PPD settlement/award and retroactive benefits. This amount may differ depending on the amount of effort and time involved with an individual claim or issue.