Workers' compensation is a legal right in Nevada, which means that Summerlin employers have to carry enough insurance coverage to support injured workers with medical expenses, income replacement, and other benefits. This system provides a lifeline for employees that get hurt on the job and need an extended period off work to recover.
Unfortunately, many injured workers in Summerlin will face significant challenges when trying to access these crucial benefits. Insurers may deny your claim or offer a lowball settlement that doesn't cover your costs.
If you suffered a workplace injury and need help navigating the claims, a Summerlin workers' comp lawyer from Edward Bernstein and Associates can explain your legal rights, place you in the strongest position to secure the benefits you deserve, and advocate for you every step of the way.
Summerlin Workers' Comp Lawyers at Edward Bernstein and Associates Work Tirelessly on Your Behalf
Getting worker's compensation is supposed to be a straightforward process for anyone that qualifies. Still, insurance companies use a range of tactics to avoid honoring these claims or minimize payouts as much as possible. For example, they can argue that your injuries should not stop you from working or place administrative roadblocks in your way that needlessly complicate the process.
The experienced workers' comp attorneys at Edward Bernstein and Associates have indeed seen it all when it comes to injured workers being prevented from recovering compensation, often because they didn't understand how the system works. Whether you're preparing to submit your claim for benefits or appealing an unfair denial, we can use our in-depth understanding of Nevada's workers' compensation laws to represent your best interests. Our attorneys have been able to help Summerlin clients overcome pre-existing condition disputes, claim filing errors, employer retaliation, and other significant issues that could prevent them from securing fair compensation.
After suffering a work-related injury, you deserve to focus on your recovery rather than worrying about medical bills, living expenses, and your family's long-term financial stability. Contact our team today, and we'll review your workers' comp case immediately.
Can I Receive Nevada's Workers' Comp After Getting Injured Due to My Job?
The most important thing to know about the Nevada workers' compensation program is that it operates under a no-fault system, meaning that the compensation process doesn't require proving negligence.
Unlike in the typical personal injury case, where winning would depend on being able to assign fault, workers' compensation benefits can be obtained without needing to prove that your employer failed to maintain a safe workplace. Also, any mistakes the employee made leading up to the injury would typically not be considered a factor for denying benefits unless it's a case of extreme misconduct like being intoxicated at work.
These policies provide a safety net for employees, but they also protect employers from expensive lawsuits. That's because accepting workers' compensation benefits automatically bars employees from taking any further legal action, such as pursuing a lawsuit directly against their employer. However, this trade-off expects that the system will actually work as it should during the injured worker's time of need.
At Edward Bernstein and Associates, we know Summerlin employees navigating the claims process are often shocked when their valid injuries are disputed, denied, or undervalued. We're passionate about ensuring our clients understand their rights under Nevada's workers' compensation laws.
Injuries That Are Eligible For Benefits
Nevada's workers' compensation system recognizes that every job carries some degree of risk for potential injuries or illnesses, even office work.
This program commonly covers:
- Lifting injuries: If your job requires you to lift heavy objects regularly, the strain can eventually cause shoulder, knee, or back problems, especially if you don't have the appropriate support or equipment for lifting safely.
- Repetitive stress injuries: The repetitive motions required for doing certain jobs like typing or assembly line work can eventually lead to nerve damage, causing conditions like carpal tunnel syndrome and tendonitis.
- Burn injuries: These can happen in a wide range of work settings that require contact with fire or hot materials, including restaurants, factories, manufacturing plants, or even laboratories that deal with chemicals.
- Vision or hearing loss: Some work environments can cause impairments like vision or hearing loss due to long-term exposure to loud noises, bright lights, or hazardous substances.
- Falling injuries: Falls are a common hazard in several industries, including construction, and can lead to severe injuries like concussions or traumatic brain damage.
- Heavy machinery accidents: All jobs that involve operating heavy machinery carry the risk of injuries, some of which can be absolutely catastrophic, such as crushed limbs.
- Overexertion injuries: Some jobs will require strenuous physical effort, such as pushing or carrying an excessive amount of weight, which can result in overexertion injuries like torn ligaments, torn rotator cuffs, or herniated discs.
- Motor vehicle activities: When a delivery driver or any other employee who drives for work-related purposes gets into an accident, they can claim workers' compensation for their injuries.
Requirements for Receiving Your Workers’ Comp Benefits Approved
Workers' compensation makes benefits widely available, but employees must meet specific requirements:
- Must have employee status: The injured party must work as an employee rather than an independent contractor to receive benefits. Interpreting these rules can get complicated, so consult a worker's compensation lawyer to help clarify your status.
- Must be work-related injury: The injury or illness must be directly related to the employee's job, meaning it was acquired during work or as the result of work-related tasks.
- Must have qualified medical professionals confirm that the injury is work-related: The claims process in Nevada requires injured employees to be examined by a doctor that substantiates both the seriousness of their injury and the connection to their work duties. One of the reasons it's essential to seek medical care as quickly as possible after getting injured is to begin documenting what happened and establish a link between the claimant's job and their injuries.
- Must have reported the injury and filed the claim within specific deadlines: In Nevada, you must report your injury to your employer within seven days of it happening or, in the case of injuries that unfold over the long term, when the injury becomes apparent. From there, the employee has to file a formal workers' comp claim within 90 days to avoid having their case automatically rejected.
Why Workers' Compensation Reduces or Denies Claims
Significant medical expenses and other financial burdens due to a job-related injury or illness make approval for worker's compensation benefits not just helpful but necessary. However, many Summerlin employees with valid claims will have the stressful experience of a disputed or inadequately compensated claim. The reality is that insurers scrutinize workers' compensation claims closely to minimize payouts and maximize profits.
At Edward Bernstein and Associates, we've seen firsthand that injured workers need a well-prepared case to help navigate this system as effectively as possible. In fact, the justification insurance companies use for denying or reducing compensation will often center around the claimant not presenting enough persuasive medical evidence to substantiate their case.
Some of these common arguments include:
"You Weren't Injured on the Job."
Such denials typically come into play when the insurer doesn't find a clear correlation between the worker's duties and the nature of their injuries or if the incident that caused them was poorly documented.
"Your Injuries Aren't Serious Enough To Prevent You From Working."
Claims that lack solid evidence demonstrating that the worker's injuries required them to seek medical treatment or resulted in ongoing symptoms will often be dismissed or underestimated in severity. This form of denial is more common with subjective injuries that are potentially more difficult to measure or verify, including cumulative trauma disorders like carpal tunnel syndrome.
"These Pre-Existing Injuries Are Not Work-Related."
Workers may face an uphill battle when claiming compensation for workplace injuries related to a previous issue, even though worsening of a medical condition can be considered valid grounds for receiving benefits. While these denials will present significant hurdles for claimants, it's possible to overcome them with comprehensive evidence showing the workplace injury's contribution to worsening the pre-existing condition.
"Your Claim Contains Administrative Errors."
Applying for workers' compensation is a complex process that involves several precise steps, extensive paperwork, and strict deadlines. You also may be required to attend an Independent Medical Examination conducted by a medical specialist hired by insurers to evaluate your injuries. There's a lot to keep track of throughout your application, and even minor mistakes can lead to compensation being delayed or denied.
If the insurer denies your initial claim or approves it for a significantly reduced amount than you deserve, don't get discouraged because it's not the end of the road. Injured workers may file an appeal with the Nevada Department of Administration within 70 days of the initial decision by submitting a Request for Hearing form. This leads to a formal hearing, similar to a civil trial, where you present your case and all supporting evidence for review.
If the first appeal does not succeed, claimants can continue escalating their case, and each offers another opportunity to secure the benefits you deserve. However, this process is essentially the same as arguing a case in court before a judge, which most people find incredibly intimidating.
Ultimately, employees have the burden of proof for substantiating the nature and severity of their injuries up to the standards required for their specific situation. Having an experienced workers' compensation lawyer handle your worker’s comp claim and represent you in these administrative hearings can significantly boost your chances of having a successful outcome during the appeal.
Frequently Asked Questions
Can you sue your employer in Summerlin, Nevada?
If you have been injured on the job, one of your first thoughts may be to sue your employer for failing to provide a safe workspace or adequate safety equipment. If your employer provides workers’ compensation coverage for employees then they are protected from litigation under Nevada workers’ compensation laws.
How is a workers’ compensation settlement calculated in Nevada?
In Nevada workers’ compensation is determined by the extent of the injury sustained, ranging from temporary to permanent disability. In addition to disability benefits that help cover your lost wages, workers’ compensation will also cover your medical bills and necessary treatment. Workers must follow all company safety rules and guidelines to receive full compensation.
How long can you be on workers’ compensation in Nevada?
The amount of time you are eligible for workers’ compensation payments largely depends on the extent of the injuries suffered at work. If you are temporarily disabled and unable to work, you are eligible to receive payments for up to two years. If you are found to be permanently disabled following an accident, you will receive two-thirds of your average monthly wages for as long as you are totally disabled.
How We Help Summerlin Employees Secure Worker's Compensation Benefits
Although workers' compensation is a legal right, the application process is complicated by a lot of red tape, and it's common for legitimate claims to be disputed by insurers. Whether you're currently preparing to pursue benefits or have already received an unfavorable decision, we can help you protect your legal rights in this incredibly stressful situation.
The workers' comp lawyers at Edward Bernstein and Associates have extensive experience assisting clients in navigating this system successfully.
To increase your chances of securing fair compensation, our attorneys can:
- Handle all paperwork and other specific details of the legal process: We help our clients avoid common technical errors that can result in avoidable delays for your claim, such as filling out forms incorrectly or missing deadlines.
- Gather extensive medical evidence: We're well-versed in the level of proof required to meet the stringent standards set by insurers, which may require organizing specific diagnostic tests, getting testimony from medical experts, and making sure that our clients are adequately prepared for being examined by an insurer-approved doctor.
- Represent you in formal hearings: If necessary, our workers' compensation can represent your best interests in an appeals hearing and advocate for your case as effectively as possible.
At Edward Bernstein and Associates, we know the stakes are incredibly high for employees with workplace-related severe injuries, including medical bills and all the expenses that accumulate during your recovery.
Contact our personal injury attorneys in Summerlin at (702) 830-5233 for a free case consultation and to learn more about your best legal options.