Sustaining an injury on the job can range from a paper cut in the office to devastating injuries. But what rights and benefits are you entitled to if your on-the-job injury was caused by the negligence of some third party? Who pays for your medical treatment? Who pays for your wage loss if you are unable to work? Are you entitled to compensation for pain and suffering? What if you were driving your personal vehicle as part of your job when you were hit by another driver – who pays to repair your vehicle? (The majority of third party claims involve employees who were injured by a third party while operating a motor vehicle). If you were injured on the job due to the negligence of a third party, you should contact a Las Vegas workers compensation attorney immediately as you may be entitled to both workers’ compensation benefits and a monetary settlement from the third party insurance.
Working with a third-party administrator for work-related injuries
Employers in Nevada are required to maintain workers’ compensation insurance pursuant to Nevada law. Many larger employers (such as hotel/casinos) are self-insured. Most employers in Nevada contract with a third party administrator who processes and manages all workers’ compensation claims. The third party administrator will review the facts of all injury claims and then make a decision to accept or deny the claim. If the claim is accepted, then all benefits, medical and non-medical, will be paid by the employer or the third party administrator. Subsequently, once the injured worker has been deemed medically stable and all benefits have been paid, the workers’ compensation administrator will have a lien which is an itemized list of all benefits that were paid as a result of the worker’s compensation claim. The injured worker may be entitled to a Permanent Partial Disability Award, which is a lump sum of money from the workers’ compensation claim, depending on the severity of his injuries and whether he/she qualifies.
The injured worker also has a personal injury claim related to this accident as the injuries were caused by the negligence of the other driver, or the third party. The insurance company for the third party will need to be notified and a claim established. The amount of each third party settlement varies depending on the specific facts of the case. If the injured worker was operating a motor vehicle and was injured as the result of an auto accident in which another driver was at fault, the third party settlement is determined by several factors such as the amount of damage to the vehicles, severity of the injuries, cost of medical treatment and policy limits of the third party insurance. Ultimately, if the injured worker receives a money settlement from the third party, he/she will be responsible for paying the workers’ compensation lien back from the settlement pursuant to Nevada law. This is called a right of subrogation.
The attorneys at Craig P. Kenny & Associates have extensive experience with workers’ compensation and personal injury cases. If you have been injured, please contact us for a free consultation if your on the job injuries were caused by the negligence of a third party. Call (702) 380-2800 today!