If you have suffered a workplace injury and your workers’ compensation claim has been denied, a Las Vegas workers’ compensation lawyer from Shook & Stone can help you seek the full benefits to which you are entitled.
Our firm provides representation for all parties involved in a workers’ compensation claim, including first-party claims made by workers who have been injured on the job.
Police officers and firefighters are often considered “first responders” because they are usually the first to arrive at the scene of any accident or emergency. As such, these professionals may often be exposed to dangerous situations that could result in workplace injuries.
When a police officer or firefighter is injured while performing his or her duties, one of the first things you should do is notify your employer immediately. Whether you are unable to return to work due to disability or you are still being paid during an extended leave of absence, it is important that you keep your employer informed and maintain all records related to your workers’ compensation claim.
A dedicated personal injury attorney from Shook & Stone can help you and your family recover medical costs, lost wages, and pain and suffering damages in the event of an on-the-job accident or disease caused by occupational hazards. Our firm has decades of experience handling a wide range of workplace injury cases involving police officers and firefighters.
If you or a family member is suffering from an on-the-job injury, contact Shook & Stone to schedule a free consultation.
When Should You Hire a Workers Comp Attorney?
If your injury is caused by the negligence of a third party, you may be eligible for workers’ compensation benefits. However, it is important that you speak with a Las Vegas workers’ comp attorney about your rights and options because some situations are excluded from coverage under Nevada law.
When injuries occur in the course of employment, Nevada state laws allow employers to obtain insurance policies to protect their business from financial harm. Workers’ compensation is a means of providing much-needed medical treatment and financial help to employees who are injured on the job.
However, Nevada workers’ comp laws also require employees to undergo vocational rehabilitation after an injury or illness occurs in the workplace. This means that your employer is obligated to make reasonable attempts to find you alternative employment. If your employer does not make reasonable attempts to find you new work, this lack of effort could result in a denial of benefits from the workers’ compensation insurance provider.
A workers’ comp lawyer from Shook & Stone can help you and your family recover compensation for your medical costs and unpaid wages following an accident or illness related to your work. If you have questions or concerns about a workers’ compensation claim, contact our office today for an initial consultation at no charge, and we don’t get paid unless you win.
How Does Workers Compensation Work?
Workers’ compensation is a type of insurance that protects employees and employers alike. If you are injured on the job in Las Vegas, workers’ compensation can pay for your medical bills, lost wages, rehabilitation efforts, and other losses related to your injury or illness.
Nevada has a “no-fault” system with two types of benefits: temporary and permanent. Temporary benefits include full wage replacement, medical bills, and other expenses. Permanent benefits can be paid as lump sums for lost wages or as monthly income if you cannot return to work at all.
Some injuries result in a total disability that prevents an employee from returning to the workplace at any time in the future. A workers’ comp lawyer in Las Vegas can help you and your family get the benefits you deserve following a workplace injury by:
Handling your workers’ compensation claim from start to finish, including:
- Gathering medical records
- Assisting with seeking legal advice after an accident at work
- Protecting your rights under no-fault laws
- Contesting a denial of payments from your insurer
- Providing representation in your workers’ compensation case to ensure you are fairly compensated
To help make it easier for all Nevadans to work with us, we have three offices located in Las Vegas, Summerlin, & Reno, Nevada. So whether you live in North Las Vegas, Spring Valley, Elko, Carson City, Tonopah, or any other city in our amazing state, we can help you with your workers’ compensation case.
Common Workplace Injuries and Illnesses
Work-related injuries and illnesses can cause significant financial difficulties for employers, employees, families, and the community. These accidents can also lead to debilitating injury or disease that prevents an individual from working or performing normal tasks of daily life. At Shook & Stone, we understand the physical and emotional effects that workplace accidents can have on a person’s health and future career prospects.
Injuries sustained at work can range from small cuts and bruises to major catastrophic injuries or death. Workplace hazards include:
- Slip-and-Fall Accidents;
- Repetitive Motion Injuries;
- Forklift Crashes;
- Electrical Shocks;
- Toxic Chemical Exposure;
- Burns and Scalds;
- Heavy Machinery Injuries;
- Police, EMT, Firefighter Injuries;
- Construction Site Injuries;
- Hotel and Casino Worker Injuries.
Your employer is required to develop and implement a safety program in Nevada that can prevent workplace accidents.
While some employees are able to continue working following an injury at work, others may be forced to take time off from their jobs and look for a new career. Your employer is responsible for helping injured workers return to work when possible, so your employer must offer at least two attempts at a modified job or other types of retraining options.
If you are unable to continue working due to an injury sustained on the job, Nevada law requires that you be considered “totally disabled.” Medical documentation from a doctor can help prove the extent of your injuries and limit access to lifelong medical care.
In addition, Nevada law requires that employers provide job retraining or other employment assistance for employees who are injured on the job. Your employer must offer two different attempts at modified work or other types of modifications, such as assistive technology, assistive devices, or adaptive equipment.
If you are unable to return to work after two attempts at modified work, your employer must offer you “any occupation” for which you are qualified and physically able to perform — within the scope of your education, training, and experience. If this assistance is not provided by your employer, Nevada law requires that you be fired, or your wages can be permanently reduced by any amount that you would have earned at a different job.
A proactive workers’ compensation lawyer in Las Vegas can fight for the payment of benefits and medical bills due to an injured worker. Hiring a workers’ compensation attorney is the best way to ensure that your rights are protected throughout the process.
What Should I Do if I Am Injured?
The first thing to do is report your injury to your supervisor and file a claim with the Nevada Division of Industrial Relations. This gives you up to three years to file your claim.
If you’ve been injured in a car or truck wreck or during your lunch hour at work, then call a workers’ compensation lawyer today! Remember, if an employer fails to pay for medical care, they may be forced to fire the employee and hire someone else who is able to do the work. Call us to get a free case review from an experienced attorney in Las Vegas.
How Much Is a Typical Workers’ Compensation Settlement?
The amount of a workers’ comp settlement depends on:
- The nature and extent of your injury or illness;
- Your prior wages (this is used to calculate the difference in income between when you were healthy and then);
- The number of bills that need to be paid by the claim;
- The cost of medical care for your condition;
- How much pain you are in and how much your quality of life has been affected;
- The length of time it will take you to recover from your injuries or illness and return to work;
- The extent of permanency of your injury or illness;
- Whether there are other related injuries for which compensation is needed.
Can I Appeal a Decision by the Nevada Division of Industrial Relations (DIR)?
Yes, an injured worker can appeal the decision by filing a Petition for Remand with the Director of Industrial Relations. In order to appeal, you must file a written petition within 60 days from the date the DIR issues its final order or recommendation on your claim. Once you file this request, then it is forwarded to the DIR for a final decision. This can be done by a workers’ compensation lawyer in Las Vegas.
How Can I Appeal a Nevada Workers’ Comp Decision?
An injured worker has the right to appeal a decision made by the Nevada Division of Industrial Relations. Within 60 days of receiving notice that the DIR made its final order or recommendation, you can file a Petition for Remand with the Director of Industrial Relations. This petition should include all evidence that supports your position and why the decision should be reversed. Once you file this petition, it is forwarded to the DIR for a final decision.
What If My Employer Does Not Give Me Notice of My Right to File a Claim?
If your employer fails to give you notice of your right to file a workers’ compensation claim, then you can still file a claim with the Nevada Division of Industrial Relations.
What Is My Employer’s Duty Regarding Injured Workers?
Injured workers are entitled by law to receive “reasonable and necessary” medical treatment related to their workplace injuries. This care must be provided either by you or your employer’s workers’ compensation insurance carrier.
Do I Need a Workers’ Compensation Lawyer?
No individual should have to go up against their employer alone. Your employer’s lawyers will do everything they can to ensure that you receive as little as possible, and hiring legal representation is the best way to ensure that you do not have to go it alone.
How Long Does it Take to Review an Appeal in Nevada?
The Nevada Industrial Commission has 30 days to review an appeal. If the worker does not hear from the Commission after that time period, then they can assume the claim is settled.
How Can I Win My Workers’ Compensation Claim?
Only a Las Vegas workers’ compensation attorney can tell you what your chances are of winning your case, but there are some ways to improve your chances:
Make sure you file a “timely claim” with the Division of Industrial Relations (DIR). This gives you up to three years to file your claim. If you fail to do so, then your case could be dismissed, and you will not receive any money from the Nevada workers’ compensation system.
Keep all medical records pertaining to your injury (no matter how old). If you have treatment even several years after the accident, you should get copies of these documents. This will show that your employer knew about the condition and did nothing to stop it from getting worse.
If you work for a large company or corporation, look at all the record-keeping and find out who is responsible for keeping the records. Your employer must keep detailed and accurate records of any cases within the workers’ compensation system to make it easier to settle claims.
What Kinds of Benefits Are Available in Nevada?
Injured workers are entitled by law to receive “reasonable and necessary” medical treatment related to their workplace injuries. This care must be provided either by you or your employer’s workers’ compensation insurance carrier.
If you need specialized care, then the provider of this type of service must have a license. Your employer will not pay for unlicensed medical treatment.
What Can I Do If My Employer Will Not Pay for my Treatment?
Nevada has strict laws that govern the actions that employers can take against injured workers. Your employer cannot fire you, demote you, or reduce your pay because of the injury.
The Cost of Hiring a Worker’s Compensation Lawyer
The cost of hiring a workers’ comp lawyer in Nevada depends on the seriousness and complexity of your case. In some cases, it may be less expensive to hire a lawyer than to try and handle things on your own. The fees for an experienced lawyer are reasonable when you consider that having an attorney can make all the difference in making sure that you are treated fairly.
An experienced workers’ compensation lawyer at Shook & Stone will accept your case on a contingency fee basis. This means that the attorney gets paid a percentage of your total claim if he or she is successful. If there is no recovery, there are no fees.
The workers’ compensation settlement process can be complicated, but hiring a diligent Las Vegas attorney with experience in fighting for injured workers will help ensure that you receive the compensation to which you are entitled. Protecting your rights is our primary concern. Do not give up your rights. Call today.
Consult With a Las Vegas Workers’ Compensation Attorney
We understand labor and civil service laws in Nevada, inside and out. If you have been injured during the course of your duties, we can help with your workers’ compensation claim. We understand what it’s like to have a job that makes you proud — and helps put food on the table for you and your family. If you are injured at work, don’t be afraid to fight for the benefits you deserve.
When it comes to fighting for workers’ rights in the state of Nevada, Shook & Stone are relentless in their pursuit to get our clients the compensation they deserve.
Call us for a free consultation with a Las Vegas workers’ compensation lawyer.
