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Nevada Work Injuries: What You Need to Know About Your Rights

By  //  September 17, 2024

If you’ve suffered a work injury in Nevada, understanding your rights and the worker’s compensation system is crucial.

A work injury can often leave you financially strained, and in many cases, unable to work. Knowing your rights surrounding a work injury in Nevada can ensure you receive the fair and full compensation you need to move forward with your life. 

Workers’ Compensation Benefits in Nevada

Nevada law mandates that most employers carry workers’ compensation insurance. Workers’ compensation insurance provides financial assistance to employees who sustain injuries or illnesses on the job during the scope of their duties. There are many key benefits related to workers’ compensation, including:

 

  • Medical Care: Worker’s comp benefits often cover your necessary medical treatment for your injury. This includes doctor visits, hospitalization, surgery, medications and physical therapy.
  • Lost Wage Replacement: If your work-related injury prevents you from working, you may be entitled to wage replacement benefits. The exact amount you receive is determined by a formula based on your average earnings before the injury. 
  • Disability Benefits: If you find yourself permanently impaired by your work injury, you may be eligible for permanent partial or total disability benefits.
  • Rehabilitation: Workers’ comp can cover rehabilitation services to help you regain lost skills. Additionally, if you find you are unable to work to your previous ability, you can be retrained for a new job that better suits your abilities.
  • Death Benefits: If a work injury results in the death of an employee, surviving family members, typically spouses and dependents, may be eligible for financial assistance.

Taking Action After a Work Injury

There are many vital steps that should be taken after a work injury in order to protect your rights:

  • Report the Injury:  Informing your supervisor about your injury as soon as possible is crucial in protecting your rights. Ideally, you should report it on the same day the injury occurred. Even if it seems minor, it could evolve into something more serious, given time.
  • Seek Medical Attention: Prompt medical attention is crucial after a work injury. Not only does it ensure you begin a proper treatment plan for your injuries, but it also establishes a clear record of your injury and its connection to the workplace accident.
  • File a Claim: In order to receive workers’ compensation benefits, you or someone on your behalf must file a formal claim with your employer’s insurance carrier. There are strict deadlines that apply, so it’s best not to wait to initiate the process. You should consult with your employer or the insurance company for specific claim filing procedures.

What if My Claim Gets Denied?

In the event that your workers’ compensation claim is denied, you have the right to appeal the decision. This process involves filing an appeal with the Nevada Department of Administration. You typically have 70 days to file your appeal. If you do not file your appeal within the time limit, you may lose your chance to appeal. 

 

In order to appeal your denial, you must submit a “Request for Hearing” form alongside the letter of denial to the DOA. You can attend your appeal hearing in person, via phone, or by submitting a position statement instead of attending. If your claim is denied once again, you can appeal the decision again with a hearings officer, though this must be done within 30 days of the decision. An attorney specializing in workers’ compensation law can be a valuable resource in navigating the appeals process and advocating for your rights.

Important Considerations

There are many things to take in consideration when applying for workers’ compensation benefits:

  • Third-Party Liability: There are some instances in which a third party other than your employer may be responsible for your work injury. These parties can include a manufacturer of a faulty piece of equipment, or another company whose negligence contributed to your accident. If a third party is liable, you may have the right to pursue a separate lawsuit in addition to your workers’ compensation claim.
    •  Preexisting Conditions: It’s important to document any pre-existing conditions you may have early on. This can help avoid disputes about whether an work injuries you suffer aggravated your condition.
  • Legal Counsel: You should consider consulting with a workers’ compensation lawyer, especially if your claim is not a simple one, is denied, or involves a significant sum of lost wages or medical bills. An experienced attorney can ensure your rights are protected throughout the process of filing your claim.

Knowing your rights and taking prompt action after a work injury is essential towards receiving far compensation and getting the medical care you need. By understanding the available benefits and the claims process, you can navigate this situation with greater confidence. It is important to seek advice from an experienced workers’ compensation attorney, having an attorney on your side will help you be better prepared for any challenges you may face during your claims process.