Workers Compensation

Injuries at work happen daily, as it is very common for someone to be involved in a slip and fall accident. Although it is unfortunate, many people break bones and are diagnosed with other serious illnesses every year from the workplace. Nevada law requires that all private employers with one or more employees to have workers compensation insurance. Workers’ compensation insurance pays for medical bills, lost wages, and any permanent disability suffered by workers who get injured while on the job. Employees cannot receive workers’ compensation if they are not actively on the job while they were injured. There are many steps to receiving benefits from workers’ compensation and filing a claim.

Who Qualifies for Workers’ Compensation?

Nevada workers’ compensation covers injuries that happen within the time period of your employment. If you get injured while working on the job, or doing a duty for your boss out of the workplace, you will most likely be qualified for compensation. Typically, injuries that occur outside of work, at home for example, you will not be granted workers’ compensation because you are not on the job. Examples of injuries that you would be compensated for if you were on the job would be a broken bone due to falling, or developing an illness due to the harmful toxins in your workplace. The Nevada workers’ compensation law does not require employees who get injured to use their own insurance.

What are the Benefits of Workers’ Compensation?

When you get injured at work and file for workers’ compensation, and it successfully goes through, there are some benefits you are entitled to. These benefits include:

• Medical bills
• Physical therapy and other treatments to help you heal
• Temporary Disability
  • Temporary Disability includes benefits that are two-thirds of your monthly wages, that you can receive until your doctor determines you are no longer eligible for it as you have reached maximum medical improvement.
• Permanent Disability
  • If you are found to be permanently disabled due to a workplace injury, you will receive two-thirds of your monthly wages as long as you are still permanently disabled.
• Temporary Partial Disability
  • If you are partially disabled and can still work, you will receive two-thirds between your monthly wages and the amount you are currently making after the injury.
• Permanent Partial Disability
  • The amount of money you receive for permanent partial disability is based on the disability, your age, and your previous wage.

How to Receive the Benefits

There are specific steps that are needed to take to ensure you receive the benefits.

• Give your employer a completed notice of injury or disease form
  • You must give your employer a C-1 form within seven days of the injury. If you submit this form after seven days, your employer has the ability to deny the claim.
• Pursue medical treatment
  • It is important you get medical treatment as soon as possible, and ask your employer to inform you on which doctors you are able to visit.
• Have your doctor fill out an employee compensation report after first treatment
  • When you visit the doctor, it is important you inform them you are seeking workers’ compensation because of the work related injury and they will fill out a C-4 form. Within three days of the appointment, you must show the C-4 form to your employer’s insurance. Once you submit this form, your employer has 30 days to either accept or decline the form.

Injuries at work can be very serious, and it is common for workers’ compensation claims to get denied, either by the employer or the employer’s insurance. If it does get denied, you have the right to appeal the claim under state law. Workers’ compensation claims in Nevada can be very difficult to overcome by yourself, that’s why it is highly suggested that you have a legal team by your side to represent you in court. Richard Harris Law Firm will aid you with developing a firm case to ensure you receive workers’ compensation benefits.

Although the workplace should be hazard-free, injuries at work are common on a day to day basis. Getting injured at work is not something you should plan for, but should be thought about due to how common it is. If you do get injured at work, you should immediately contact your supervisor and tell them about your injury. According to the US Bureau of Labor Statistics, there were around 2.8 million cases related to workplace injuries in 2020. Causes of workplace accidents include overexertion, slip-and-fall accidents, traffic accidents, workplace violence, and exposure to dangerous substances or working conditions. There are five common mistakes that employees who are injured at work make, which can result in losing compensation.

Not Reporting the Injury in a Timely Manner

Ignoring your injury, or waiting to report it, may bring into question the legitimacy of the injury and your integrity. In the State of Nevada, workers are required to report their injuries within seven days of the accident causing an injury. Delaying the report of your injury can be used as a defense by your employer’s insurance company. These time requirements differ depending on the state.

Failure to Disclose Previous Injuries

If you were injured at work previously, you should disclose that information to your employer. Failing to report a previous incident could ultimately result in you losing your compensation completely. If your pre-existing injury worsened due to an incident at work, your employer has to compensate you for the medical bills.

Not Reporting All Injuries

The most common mistake is failing to report the total extent of your injuries at work to the doctor. Although some injuries could seem minor at the time of the incident, additional symptoms could emerge days or weeks later. For example, if you fell at work and hurt your back, but also felt pain in your arm, you should report both the back and arm pain. Failing to report all injuries could result in losing compensation as it can seem you are trying to claim more than you are entitled to.

Refusing to Return to Work

Depending on the seriousness of the injury, your employer may give you time off of work in order to recover. When your doctor clears you to go back to work, you must at least attempt to go back to work. Not returning to work could also result in losing further compensation or even your job. Your employer may terminate you from your position because of your refusal to return. Doctors will assess you and place you in one of three categories:

• Fit for work based on pre-injury duties with no restrictions
• Fit for work, but with restrictions
• Not fit for work

Not Seeking Legal Assistance

It is highly recommended for you to seek legal assistance when injured at the workplace to fight against insurance companies, which are backed by their own legal team. Even if your case appears to be open and shut, it is best to find an attorney who has the knowledge and skillset to properly represent you. It would be very difficult to deal with complicated legal proceedings, insurance claims, and any medical-related paperwork by yourself, especially going up against insurance companies.

What Are My Rights?

Although every state has its own different laws for workplace injuries, there are common rights in every state such as:

• Right to consult with a doctor on your injury
• Right for legal representation
• Right to return to work after time off from a workplace injury
• Right for legal representation

It is essential that as a worker, you know your rights if an incident occurs in the workplace. For example, if you get injured at work and your employer suggests you use your health insurance to pay for medical treatment, you have the right to refuse. Furthermore, if they requested you to not file a workers’ compensation claim, you also have the right to refuse his request.

Ultimately, if you get injured in the workplace, you must report every extent of the injury immediately. Workplace safety is everyone’s responsibility, but employers are obligated to maintain a safe and hazard-free workplace. It is also highly recommended to hire a personal injury attorney to help you deal with the incident. Here at Richard Harris Law Firm, our personal injury attorney team wants to make sure you get full compensation and avoid the common pitfalls that could harm your claim.

Do you struggle with extreme stress or anxiety related to your occupation? The reality is, we all have experienced stress in our day-to-day lives, some of us more than others. There are days where the toughest of us struggle, too. Coping mechanisms and tactics may help in stress relief, but for extreme cases, the toll one’s work or career has taken on their physical and mental health may have a lasting effect on their life. In Nevada, commuting and downtown traffic or uncertain job safety may be major components adding to the stress and anxiety of individuals. If you or someone you love has been seriously impacted by stress and anxiety related to their work, they may be eligible for compensation or additional assistance. Legal options available to you or your loved one, in regards to making a claim for work-related stress or anxiety may primarily depend on if it resulted in mental or physical injuries. 

Common Causes of Work-Related Stress

Here are some common stressors influencing stress or anxiety levels related to work and occupations:

• Hefty workload and tight deadlines
• Extended hours
• Unreasonable or unmanageable work demands
• Lack of resources or equipment in order to successfully complete a job
• Workplace pressures or expectations
• Unexpected, frequent or major changes within the workplace environment
• Changes to work duties and appointed tasks
• Financial and or occupational insecurity
• Over-supervision or lack of supervision
• Lack of support or assistance, when needed
• Discrimination – racial, gender, religious, age, etc.
• In-company conflict between boss and co-workers, or amongst co-workers
• Injury or harm on the job – workplace injuries, robberies/criminal events, etc.
• Poor company or organizational culture

Work-related stress or anxiety may result in physical illness and mental or behavioral distress, resulting in signs or symptoms affecting one’s well being. Although stress, or anxiety, may be an inevitable part of one’s work-life or occupational culture, excessive pressures, unrealistic expectations or other factors may result in ill-health and additional personal problems down the road.

Signs and Symptoms of Work-Related Stress

For many, work-related stress or anxiety may appear in many different signs or symptoms, related to physical, mental and behavioral health. Do you have extreme, work-related stress or just general stress?

• Some Physical Health Signs
  • Exhaustion
  • Fatigue and lack of energy
  • Frequent migraines and headaches
  • Muscle tensity, aching and pain
  • Upset stomach, such as constipation or diarrhea
  • Chest tightness and pain
  • Irregular or rapid heartbeat, frequent changes
  • Sleep difficulties
  • Frequent illness, colds or flu
• Some Mental Health Signs
  • Lack of interest in occupation or general life
  • Overwhelmed feeling and panic attacks
  • Focus or concentration difficulties
  • Irritability
  • Anxiety
  • Depression and suicidal thoughts
• Some Behavioral Health Signs
  • Diminished creativity
  • Diminished productivity
  • Poor work performance or a noticeable change in work performance
  • Communication difficulties between co-workers and/or employer
  • Aggressive behavior
  • Mood swings or attitude changes
  • Increased impatience or frustration
  • Failure to meet deadlines

Making Your Claim

Workers’ compensation encompasses the ill or negative impact of one’s job on their physical or mental health. Some instances may be actionable outside of worker’s compensation claims, but others may be eligible and right-fit for filing a personal injury lawsuit for negligent infliction of emotional distress and the effects of workplace stressors. In these cases, you will need extensive proof of the work-related stress or injuries inflicted, so it is important that this situation is not taken lightly. In order for consideration or further discussion of work-related stress, anxiety and injuries related to those, proof of discrimination, intentional or extreme workplace conflict or other issues will be needed to consider the impact of a workplace’s culture and duties on one’s physical, mental or behavioral health.

If you believe you or a loved one struggle with work-related stress or anxiety injuries as a result from your workplace environment or job, it is wise to seek advice from a legal team you can trust. By partnering with a personal injury professional, you may better understand your stress or anxiety and determine if the injuries you are faced with truly stemmed from your job or workplace culture.

While some industries may see work-related injuries more frequently than others, getting hurt on the job can happen no matter where you work. Regardless of what caused your injury, we know that being hurt on the job can lead to time away from work and expensive medical treatment, making it difficult for you to support yourself and your loved ones.

Filing for workers’ compensation while trying to recover from your injuries can be stressful, but we know the ins and outs of the workers’ compensation system, and we’re here to help—no matter how you were injured. In fact, you may be surprised to learn that many of the most common work-related injuries can happen in a variety of industries, including office and retail settings.

According to data from the U.S. Bureau of Labor Statistics, three main causes accounted for 85% of all nonfatal work injuries in 2016:

Attorneys Fighting for Workers’ Compensation in Nevada

Although those are some of the most common causes of workplace injuries, transportation accidents, exposure to dangerous substances, and other incidents can also lead to injury or illness. If you were hurt on the job, the workers’ compensation lawyers at Richard Harris want to speak with you. We have nearly 40 years of experience fighting for injury victims, and it’s our goal to help protect your rights.

Call us 24/7 at (702) 444-4444, or fill out our free online form to get started now.

Getting hurt at work can be devastating for you and your loved ones. In addition to facing expensive medical bills, you also may be too hurt to keep doing your job. That means no paychecks for weeks, months, or years. Some work-related injuries can even result in permanent disability.

Thankfully, there are safety nets set up to help people who get hurt on the job—namely, workers’ compensation benefits.

Employers with one or more employees in Nevada are required to carry workers’ compensation insurance to cover their workers’ medical bills and lost wages in case they get hurt at their workplaces. But getting compensation isn’t always easy, and the workers’ compensation commission is strict about eligibility requirements.

Workers’ Compensation Provides Multiple Benefits

Workers who get hurt on the job in Nevada may be eligible for a wide variety of benefits, including:

• Medical bills, including doctor’s bills and surgical procedures
• Lost wages
• Rehabilitation benefits for both physical and vocational needs
• Temporary total disability benefits if your injury prevents you from doing any work but is expected to heal
• Permanent partial disability benefits if your injury doesn’t prevent you from working but isn’t expected to heal
• Permanent total disability benefits if your injury prevents you from working and isn’t expected to heal

The amount of money injured workers can receive for each of those types of benefits can vary from claim to claim. At the Richard Harris Personal Injury Law Firm, we can review your case to find out if you’re eligible to receive benefits.

Get a Lawyer and Level the Playing Field

The workers’ compensation commission can seem stacked against injured workers. Having a lawyer on your side can balance the scales and even tip them in your favor. Let us help you get the money you deserve. Call us today at (702) 213-4416.