What Happens When You File for Workers’ Compensation After an Injury at Work
Most jobs carry some level of risk, especially those involving physical labor. For this reason, employers in Nevada are required to provide workers’ compensation coverage. However, filing for workers’ compensation after an injury can be a complicated process that often involves communication between your employer and your Las Vegas personal injury lawyer.
If you suffer an injury at work, it is essential to understand your rights, know what to expect, and learn how to navigate the claims process. Having a lawyer on your side can be a valuable resource throughout this process.
Workers’ Compensation Coverage: Complete Benefits Breakdown
Workers’ compensation provides coverage for a variety of needs, including medical care and support to help employees recover after a workplace injury. If you qualify for a settlement, the amount awarded will depend on factors such as the severity of the injury, your age, and your income prior to the accident. Benefits may include doctor visits, hospital stays, surgeries, prescription medications, physical therapy, rehabilitation services, medical equipment, lost wages, vocational rehabilitation services, as well as death benefits provided to dependents.
How to File for Workers’ Compensation in Las Vegas
Your actions after a work injury play a key role in determining if and how much compensation you get. If you’re hurt while working, take these steps:
Step 1: Employer Notification – Immediately tell your employer about your injury if possible. You have 7 days to submit a written notice. In emergencies, notify them once you’re able. Complete Form C-1 to make the report official.
Step 2: Seek Medical Attention from an Authorized Doctor – Getting medical care should be your next step to ensure the treatment is clearly tied to your workplace injury. Make sure to see a physician within your employer’s workers’ compensation insurance network. That doctor will help you complete the Employee’s Claim for Compensation/Report of Initial Treatment (Form C-4). This form must be filled out and signed within 90 days.
Step 3: Await the Insurer’s Decision – After receiving the C-4 form, the insurance company has 30 days to either approve or deny your claim. The outcome will be provided to you in writing. If your claim is denied, you have the right to appeal, and your Las Vegas personal injury attorney can assist you throughout the process.
Methods Used by Insurance Companies to Calculate Workers’ Compensation
Your benefits will be calculated through a defined process based on your income. Nevada sets maximum and minimum allowances for lost wages, which are adjusted annually. Using the information you provide, the insurer will determine your lost wages by assessing your average weekly wage and applying the appropriate compensation rate.
Calculation of Average Weekly Wage and Compensation Rate
You will be required to provide the insurance company with documentation of your earnings for the 12 weeks preceding the injury. This calculation will include overtime, bonuses, and any additional income. In cases of irregular income, such as seasonal employment or secondary part-time work, those factors will also be considered. If reviewing wages over the prior year offers a more accurate reflection of your earnings, that period may be used in place of the 12-week timeframe.
Based on this information, the insurer will establish your Average Weekly Wage (AWW). The applicable compensation rate will then be applied to this figure to determine the amount of lost wages payable. In Nevada, the compensation rate is set at 66 2/3% of the average monthly wage.
Disability Type Considered
Another factor considered in determining compensation is the type of disability involved. Disability benefits may be classified as temporary total disability, which applies when the injured worker is entirely unable to work for a limited period of time; temporary partial disability, which applies when the worker is able to perform some work but at a reduced capacity; permanent partial disability, which applies when the worker has sustained permanent injuries yet remains able to work to some extent; and permanent total disability, which applies when the worker is permanently unable to return to work as a result of the injury.
Provision of Medical Benefits
Under Nevada workers’ compensation, medical expenses arising from a work-related injury are covered. Treatment must be obtained from an authorized physician, except in emergency situations. Covered costs may include hospital and medical care, prescription medications, physical therapy, surgical procedures, rehabilitation services, and other necessary treatments.
Workers’ Compensation and Vocational Assistance
If an injury prevents you from returning to your previous position and requires you to seek alternative employment, workers’ compensation may provide coverage for services such as job training, job placement assistance, counseling, and educational programs.
The Role of a Las Vegas Personal Injury Lawyer in Calculating Workers’ Compensation
To maximize the amount of benefits awarded, it is highly beneficial to have legal representation. A Las Vegas personal injury lawyer can carefully review your benefits and conduct independent calculations to verify that you are receiving the full compensation to which you are entitled. In the event of discrepancies, your attorney can file an appeal on your behalf.
Your attorney will also ensure that all earnings are properly documented to establish an accurate average weekly wage. They will collaborate with medical professionals to confirm that any impairment is fairly evaluated in determining the appropriate level of disability. In addition, they can contest attempts to reduce your benefits, whether through claims of a pre-existing condition, disputes regarding the extent of your injury, or arguments suggesting the injury was not work-related. With the support of an attorney, you can focus on recovery with the reassurance that your claim is being handled diligently and in your best interests.
Handle Your Workplace Injury with Expert Las Vegas Personal Injury Attorneys
If you experience a workplace injury in Las Vegas, it’s crucial to get legal guidance as soon as possible. A knowledgeable personal injury attorney can guide you through the workers’ compensation process, make sure your claim is properly filed, and help you pursue the full benefits you deserve under the law.
