Las Vegas Workers Compensation Attorney FAQs
What Kind of Las Vegas Workers Compensation Benefits Am I Entitled To?
How Long Until I Receive My Workers Compensation Benefits?
Are Las Vegas Workers Comp Benefits Taxed?
Can I File A Workers’ Compensation Claim Myself?
What To Do If You Are Injured At Work?
How Are Workers Compensation Benefits Figured?
What If My Employer Doesn’t Have Workers Compensation Insurance?
When Do Businesses Begin Providing Workers Comp Coverage To Employees?
Why Hire A Las Vegas Workers Comp Lawyer?
Reasons Why Your Workers Comp Benefits Were Denied
WHAT KIND OF LAS VEGAS WORKERS COMPENSATION BENEFITS AM I ENTITLED TO?
Getting the benefits you deserve from your employer’s workers’ compensation insurance is not a simple matter. As you can imagine, it involves plenty of red tape that could easily confuse you, and eventually result in the unfair denial of your claim—that is, unless you have an experienced Las Vegas workers’ comp attorney on your side. You could be entitled to the following benefits:
- Medical care
- Medical Expenses (includes travel)
- Vocational Rehabilitation
- Rehabilitation Costs
The compensation you receive for missed work is based on the extent of your injuries paired with your ability to return to work. If in fact you qualify for benefits, you may qualify for compensation under the following areas:
- Temporary Total Disability (TTD): If you are unable to work for five (5) consecutive days, or a total of five (5) days in a twenty (20) day work week.
- Temporary Partial Disability (TPD): If your wage is less than the TTD amount you are receiving; TPD is then used to eliminate the deficit.
- Permanent Partial Disability (PPD): A more severe coverage area, this is implemented when you’ve suffered a permanent loss of functionality in a part of your body that, in turn, sabotages your ability to complete your work.
- Permanent Total Disability (PTD): The most severe of the four, this applies if you are permanently disabled and unable to return to work.
HOW LONG UNTIL I RECEIVE MY LAS VEGAS WORKERS COMP BENEFITS?
You can get medical treatment for your injury or illness immediately. If a medical provider is informed that you have a pending workers’ compensation claim, they cannot request payment from you directly. To receive financial benefits, you must wait for your claim to be approved by the insurance company. You will typically be notified 30-days post filing. If you are denied benefits, you will be notified of your rights to appeal the claim with a deadline to do so.
Appealing A Work Comp Claim
If you are denied your benefits, an experienced personal injury attorney, such as the attorneys at Craig P. Kenny & Associates, can help you file an appeal. We understand the process and what the law requires, and we will happily represent you, our client, to ensure you receive the benefits you are entitled to.
CAN I FILE A WORKERS’ COMPENSATION CLAIM MYSELF?
Yes; however, if you opt to self-represent, insurance companies will fight tooth and nail to deny these benefits. For example, they may argue that you are not actually disabled by your injury or illness, that there is no validity to your claim, or that your condition is not work-related, etc… We understand how to fight back against these kinds of accusations. As your Las Vegas workers’ compensation attorney, we will fight for your rights and create the strongest case possible to ensure you receive full and fair compensation.
WHAT TO DO IF YOU ARE INJURED AT WORK
If you have been injured while on the job, specific steps must be taken to ensure that you remain eligible for workers comp insurance benefits. You should abide by the following:
- Report the injury immediately. Any work injury and any applicable paperwork to support the claim should be filed ASAP. Doing so in a timely manner will initiate the benefits process.
- Get medical attention as soon as possible. Regardless of the injury sustained, you should be sure to receive medical care as quickly as possible. This helps you build a strong case to support your injuries. Do not delay this step!
- Contact a workers comp lawyer. Workers comp cases can be quite complex, and more often than not, your employer will fight tooth and nail to deny the claim. By hiring a Las Vegas workers comp lawyer, you are one step closer to receiving the settlement you need for a successful recovery.
- Document everything about the accident. You will want to document every detail you remember about your accident. From working conditions, witnesses, potential causes, and your injuries, the more evidence you have to bring forth, the stronger your case will be.
- Follow your doctor’s orders. This is imperative. Follow your doctor’s orders and do not miss any appointments. Failing to do so will cause your employer to question whether or not you are actually injured, which will jeopardize your claim.
- Opt for light-duty options at work. If you have the option to take on light-duty options at work, do it! Otherwise, you may not be able to return to work. Additionally, if your job is too physically strenuous, you may want to speak with your workers comp attorney so they can notify the adjusters.
HOW ARE WORKERS COMPENSATION BENEFITS FIGURED?
Nevada worker’s compensation law mandates that worker’s compensation will pay out at 66.33 percent of your average monthly wage. These benefits are applied when you are injured on the job and your work injury will not permit you to work for an extended amount of time.
WHAT IF MY EMPLOYER DOESN’T HAVE WORKERS COMPENSATION INSURANCE?
As required by Nevada law, all employers must either carry workers’ compensation insurance or self-insure. If your employer has violated this law, it is highly advisable that you contact a workers’ comp attorney to help you navigate the process.
If you believe your employer has neglected to purchase workers comp insurance, you can take one of two approaches.
You may opt to file a claim through the State of Nevada’s special uninsured employer fund. In this scenario, you would collect your workers’ compensation benefits directly from the State of Nevada. The agency administering the fund will then investigate your employer and collect reimbursement in the event they are in fact found negligent.
Your second option is to file a civil lawsuit against your employer for damages related to your injury or illness. Provided that they are in direct violation of the law, they are no longer protected against having a lawsuit filed against them.
ARE LAS VEGAS WORKERS’ COMP BENEFITS TAXED?
No, Las Vegas workers comp benefits are not taxable income. Workers’ compensation payouts are typically tax-free for the entire time that the worker receives them. Of course, some important exceptions apply if you are also collecting disability payments, and you are encouraged to consult with your CPA with any additional questions.
DO I QUALIFY FOR LAS VEGAS WORKERS COMP BENEFITS?
Most workers compensation claims are handled with proper diligence and care by a person’s respective employer. However, this is not always the case for workers in less-traditional workplace settings, such as construction, plumbing, HVAC and so on. More often than not, a stubborn employer or a bad faith worker’s compensation insurance provider will challenge a claim stating they were not responsible. Even if you are working in a remote location, you could still be eligible for coverage. The following working situations may still be eligible for workers compensation benefits:
- Third-Party Negligence
- Independent Contractors
- Temporary Workers
- Undocumented/Alien Workers
If you are in question over whether or not your working status allows you to file a claim, please contact the best personal injury lawyers in Las Vegas, Craig P. Kenny & Associates immediately for a no-obligation case review.
WHEN DO BUSINESSES BEGIN COVERING WORKERS’ COMP FOR THEIR EMPLOYEES?
The State of Nevada requires employers to provide their employees with workers’ compensation if they become hurt while working and are protected under no-fault insurance coverage at the time of injury. In general, from the moment employees are hired, they are covered by the statutes as referenced in the Nevada Revised Statutes and Nevada Administrative Code 616 and 617. Workers’ compensation was designed to protect employees and employers. Employers who provide coverage for their employees are protected from excessive damages that may be claimed during working hours.
WHY HIRE THE BEST LAS VEGAS WORKERS COMP LAWYERS?
We are a law firm committed to the client. We make sure you receive the best result possible! Our lawyers understand that workers’ compensation settlements are fundamental to your recovery. Workplace injuries can result in severe, sometimes long-term and permanent disability. We offer nearly three decades of experience and we can provide injured workers with the reliability that only expertise and experience can provide. The Law Offices of Craig Kenny & Associates handles all workers’ comp claims, both large and small. We have produced excellent results for many of our clients and we are confident we can secure maximum compensation for you, too.
Union member, City, or State Employee? We Know How Nevada Labor and Civil Service Law Works
We are highly experienced in representing union members who have suffered a workplace injury, as well as injured City, State, and City/Municipal employees. So, if you were injured while working, call the Law Offices of Craig P. Kenny & Associates today at (702) 380-2800, or contact us online for a free workers comp evaluation. Each consultation is no obligation and all information discussed remains confidential.
The hard-working residents of Las Vegas have been relying on our workers’ compensation law firm 20 years to fight for their rights and benefits. You can, too.