Nevada’s workers’ compensation benefits were made to help employees who have become injured on the job. The objective is to compensate employees for their loss when they become injured by means of performing their everyday working activities. Unfortunately, the system doesn’t work when the insurance companies deny legitimate claims, which is why hiring a Las Vegas Workers Comp Attorney is imperative to your recovery.
The process can be a bit difficult to navigate, and there is a ton of red tape that must be crossed. If you’ve experienced injury at work and have had an application for benefits denied, here are a few reasons why:
1. Your Application For Benefits Was Late
In Nevada, your claim for workers’ compensation starts when you complete and submit form C-4 to your employer’s insurance provider. You only have 90 days from the date of your injury to submit the form. Moreover, your physician must assist in completing the form, so if you’re reading this on the evening of day 89, chances are your application is going to be considered late. If you miss the 90-day timeframe, you may still file your claim as long as you can explain why your application was late.
Late applications can cause a hiccup in your claim as a late application becomes subject to suspicion when it is submitted after an employee quits or gets fired. It is imperative that your claim is filed ASAP.
2. There Were No Witnesses
If there are no third party individuals who can attest to the injury, the insurance company might argue that your version of events is different from what actually happened. If the accident occurs while you are alone, there is not much you can do to change that. That said, you can support your claim with the opinion of a healthcare professional who can attest that your injuries are consistent with your side of the story.
3. They Argue You Are Responsible For A Portion of Your Injuries
If you did something to catalyze your injuries, you no longer hold the right to collect workers’ compensation benefits. For example, if you are under the influence of drugs or alcohol at the time of the accident, the insurance company can refuse to pay given your reckless behavior.
Although this is a valid point, you can still prove to an appeals officer that you did not have drugs and/or alcohol in your system at the time of the event.
Appealing A Denied Application
If the insurance company denies your claim, you can still fight to get it approved. You retain the right to bring an appeal to an unbiased person to make proper judgment. However, you have a limited time from the date of denial to make this request.
For the best results possible, we highly encourage you to contact a workers’ comp attorney, like the attorneys at Craig P. Kenny & Associates, to help you following your work-injury accident. Call us for a no-obligation consultation at (702) 380-2800.