You may think of workplace injuries as something that only happens on construction sites. The truth is, anyone can be hurt on the job, no matter how they earn a living. If you suffer an injury at work, you can most often turn to workers’ compensation to get benefits while you heal.
Although the process seems easy, you may need to speak to a Las Vegas personal injury lawyer from H&P Law to ensure your claim is not denied. Insurance companies do not like paying full claims, and you may benefit from scheduling a free consultation with a Las Vegas workers’ compensation lawyer today.
Compensation for Workplace Injuries
In most situations, employers in Nevada are required to purchase worker’s compensation insurance to cover those who are injured at work. To be eligible for full benefits when you are covered, you must be an employee and not an independent contractor, and you must be on the clock when the injury occurs. Workers’ comp is “no-fault” coverage, meaning you can get benefits without proving who caused your injury.
According to Nevada law, independent contractors are not entitled to workers’ compensation benefits. However, just because the employing entity has you fill out a 1099 does not mean you are an independent contractor. Some companies will try to reduce their insurance burden by misclassifying actual employees as independent contractors, something a workers’ compensation lawyer in Las Vegas can help you decipher.
If you are involved in an on-the-job accident, you are entitled to medical care. If it is an emergency, you can seek care from any emergency room. If it is not, then you must get treatment from an approved provider in your employer’s plan.
What Workers’ Compensation Insurance Covers
Although coverage for workplace injuries that occur to on-duty employees is automatic, it is also limited. An injury at work entitles you to approved treatment, partial lost wages from injury-related disability, and vocational rehabilitation. We encourage you to seek out guidance from an H&P Law Las Vegas workers’ compensation attorney for guidance on how to manage the losses you have.
Workers’ compensation insurance representatives review applications carefully to avoid fraudulent claims. They only want to pay for what they deem necessary, which is not always what your injury may require. The insurer may reject certain treatments, even if your doctor recommends them, because they prefer to save their insurance company money. A workplace injury attorney can appeal those decisions and make sure you’re getting treated under the insurance coverage your employer has been paying for.
Additionally, if you are temporarily disabled from your injury at work and cannot work for a time, you can get up to 2/3 of your pre-workplace injury wages. If you are permanently disabled and cannot return to your chosen occupation, the worker’s compensation insurance may pay for you to get trained in a new career that does not require the use of the injured part of your body. Allow our workers’ compensation attorney in Las Vegas to guide you through these legal matters.
Workplace Injury Pitfalls
Workers’ compensation insurance can be complicated. While you can receive payment for medical care and partial wages without filing a lawsuit, you may also be waiving important rights when you claim your benefits. That is why it is important to speak to a workers’ compensation lawyer in Las Vegas.
For example, if you make a workers’ compensation claim when your employer was responsible for your workplace injury through some form of negligence, you are legally barred from filing a lawsuit against them. Even if your workplace injury attorney can prove they are truly liable, you are limited since waiving the right to sue is part of the workers’ comp agreement. However, our workers’ compensation attorneys may still be able to help you.
When possible, filing a personal injury lawsuit against your employer for negligence can give you the opportunity to secure all of your medical expenses from providers of your choosing. You can also request full compensation for your missed wages instead of only ⅔ covered under workers’ comp. Finally, you can seek compensation for the pain and suffering you experienced, which employer-provided insurance will not reimburse.
Who Caused Your Accident at Work?
When deciding to file a lawsuit over accepting workers’ comp insurance benefits, you must take into about who is responsible for your injury. If you played any part in the accident, you should be aware of Nevada’s modified comparative negligence rule, which allows you to recover damages from a defendant only if you are less responsible than they are for the injury. If you are partly at fault, it may not be the best choice to sue.
However, if your workplace injury was caused by someone other than your employer, then your worker’s comp attorney can claim workers’ compensation benefits for you and also seek full damages by demonstrating negligence against the at-fault party. Your workers’ compensation attorney in Las Vegas can work with you to better understand who is responsible for your losses so we can help you pursue the very best legal outcome.
Schedule a Consultation with a Las Vegas Workers’ Compensation Lawyer Now
Many times, our clients are simply unsure if they can file a claim for compensation after a workplace injury. If you are confused or just have questions, we encourage you to contact our legal team now to discuss your case with us through a no-risk consultation. Let us help you determine if you may have a claim that goes over and above what the worker’s compensation insurance company is willing to pay.
At H&P Law, we know negligence. We can educate you about how the law applies to your unique situation so you can make the best decision for yourself and your future. We ensure your rights are protected and help you move your claim forward. Contact us to schedule a free case review to get the support you need from our Las Vegas workers’ compensation lawyer today.