When you’ve been injured at work, like so many people, you may have more worries and questions than answers. It’s important to understand the process for filing a workers compensation benefits claim in Nevada to ensure you protect your rights and benefits. In this way, you may focus on recovering from your injury or illness rather than worrying about the complexities and regulations often associated with a workers’ compensation claim.
Types of Workers’ Compensation Claims
Workers’ compensation insurance provided by your employer covers work-related injuries or occupational illnesses on a no-fault basis. “No-fault” means that you are protected no matter who or what was to blame for the accident or illness. Though, it also means that the injured or sick employee or their families can’t sue the employer for negligence.
Workers’ Compensation Benefits
Generally speaking, workers’ compensation benefits cover all medical costs associated with your work-related injury or illness. Moreover, you are entitled to lost earnings of 2/3 your average monthly wage. You may also be entitled to transportation costs to and from the treatment facilities for your injury or illness. Additional benefits may be awarded for temporary and permanent disability situations.
Filing a Workers’ Compensation Claim
According to Nevada law, you must file your workers’ compensation claim within 90 days of the injury or illness. If you’ve suffered a work-related injury or illness, ask for form C-1, Notice of Injury or Occupational Disease – Incident Report. Complete the form as soon as possible after the accident and no later than 7 days.
Next, if you seek medical treatment, your medical provider should give you form C-4, Employee’s Claim for Compensation/Report of Initial Treatment. This form actuates your workers’ compensation claim and must be filed within 90 days of the accident/injury.
Virtually all employers in the state of Nevada are required to carry workers’ compensation insurance. Additionally, nearly all employees are covered under workers’ comp insurance plans. Your employer must provide you the necessary forms and information for filing a workers’ compensation claim. Consult your human resources department or an attorney if you have questions about your employer’s workers’ comp insurance.
Be aware that not all claims are approved the first time they are filed. If your employer’s workers’ compensation insurance provider denied your claim, consult with an attorney. There are more avenues to pursue, such as hearings and appeals that can protect your rights, benefits and wages, and ensure you are covered through your temporary or permanent disability.
Even if your claim is denied, you can appeal the decision. Greenman, Goldberg, Raby, Martinez Law Firm has the experience to help you appeal your denial of workers’ compensation. Call 702-388-GGRM (4476) for a free consultation in Nevada.