Frequently Asked Questions on Nevada Workers Compensation Law
Our Nevada Workers’ Compensation Lawyer Answers Your Questions
Whether you’ve been injured on the job or simply wish to know more about Nevada workers compensation, you’ll benefit from understanding the answers to these Frequently Asked Questions.
What Should I Do if I’m Hurt on the Job?
If you suffer an injury on the job in Nevada, you should seek emergency medical treatment right away. However, you also should notify your employer about the accident as soon as possible. Make your notification in writing, and retain a copy of your notification for your personal injury attorney. You also will need to fill out a form documenting your injury.
What Types of Injuries Does Workers’ Compensation Cover?
Any illness or injury related to your employment typically is covered under the state’s workers’ compensation system. There are some exceptions, including injuries that you intentionally inflict on yourself and those suffered when you’re under the influence of drugs or alcohol.
How Can I File a Claim for Workers’ Compensation?
The claim process begins when you file Form C-4, titled “Employee’s Claim for Compensation/Report of Initial Treatment.” Your doctor will give you this form when you receive initial treatment for your injury or illness related to your job. You fill out the top part of the form, and your doctor will complete the remainder. Both you and your doctor must date and sign the form.
To be eligible for workers’ compensation, you must file the proper form within 90 days of your injury or within 90 days of receiving a diagnosis of a disease that is related to your work.
Can My Boss Stop me from Filing for Workers’ Compensation?
No. The law prohibits employers from interfering with a worker’s ability to file a claim, and workers cannot be fired for filing workers’ compensation claims. If you believe you’ve been wrongly fired or have received unjust treatment from your employer because of a workers’ compensation claim in Nevada, you should contact an experienced personal injury attorney right away.
How Is Permanent Disability Defined?
If you’ve been injured on the job, you may be categorized as permanently disabled if your injury will prevent you, either physically or mentally, from performing your normal work for the remainder of your life. You also can be classified as partially permanently disabled, and the percentage of disability you’ve suffered will help determine the compensation you receive.
What Compensation Will I Receive if I’m Injured?
If you qualify for workers’ compensation, you can expect to get temporary monthly disability payments of about two-thirds the amount of your normal monthly pay. The maximum workers’ compensation monthly payment in Nevada is limited to 66.66 percent of the state’s Average Monthly Wage. For 2016, the maximum monthly payment is $3,617.50.
In addition, under the state’s workers’ compensation system, you may be entitled to benefits including:
- Coverage of medical treatment.
- Temporary payments for partial disability.
- Permanent payment for partial or total disability.
- Coverage of vocational rehabilitation.
- Death benefits to loved ones if a worker was killed on the job.
- Miscellaneous expenses, such as coverage of mileage to go to doctors’ appointments.
Can I Go to my Preferred Doctor?
No, you won’t be able to select your doctor when you have been hurt at your place of employment. You’ll be seen by a doctor that your employer chooses. If you feel that your treatment does not last long enough or that you require different medical care, an experienced personal injury attorney can assist you in getting an examination from a doctor you trust.
The doctor your employer chooses generally will determine whether you are permanently disabled and then will assign a percentage for permanent disability you have sustained.
What Happens After I Submit a Claim?
Once you’ve submitted your claim, you should receive a decision within 30 days from your employer’s workers’ compensation insurance provider. Your claim either will be paid, or you’ll receive notification that your claim has been denied.
Who Oversees Workers’ Compensation in Nevada?
In the state of Nevada, the Property & Casualty Section of the Division of Insurance oversees reviews and approvals of new workers’ compensation policy rates along with collection of quarterly and yearly financial statements from insurers that specialize in workers’ compensation.
What Should I Do if my Claim Is Denied?
If you’ve been injured and your claim for workers’ compensation is denied, you can request a hearing to appeal. For assistance with a workers’ compensation claim or appeal of a claim that has been denied, consult with a qualified personal injury attorney by calling the law offices of Eric A. Stovall, Ltd., at (775)337-1444.