Employees injured on the job in Nevada can file a workers’ compensation claim for disability payments, medical treatment coverage, and vocational retraining if necessary. But the workers’ compensation system can be confusing, and the insurance company may try to get out of paying all the benefits they owe you for your workplace accident.
Below our Las Vegas workers’ compensation attorneys answer faqs about getting the most out of your employer’s insurance.
1. Can I get workers’ comp if my injury was my fault?
Yes. Workers’ comp is no-fault insurance in Nevada. You do not have to prove that your employer’s negligence caused your workplace injury. And you can still claim benefits even if your negligence caused the accident.
Note that you can file a workers comp claim for both accident injuries as well as for occupational diseases and injuries.1
2. How much money can I get?
Nevada’s workers’ compensation benefits typically include the following:
- Temporary total disability (TTD), if you cannot do any work for a temporary period of time. It is two-thirds of your average monthly wage up to a maximum of $4,183.82.
- Temporary partial disability (TPD), if you can still do light work. It is the difference between the TTD rate and what you are earning doing light duty work.
- Permanent total disability (PTS), if you cannot do any work at all again. It is two-thirds of your average monthly wage up to a maximum of $4,183.82. But it increases by 2.3% each year.
- Permanent partial disability (PPD), if you can do only lighter duty work forever. The payment amount depends on how impaired you are.
In addition, your work injury-related medical expenses should be covered as long as you use in-network providers for medical care. And you may also be eligible for vocational rehabilitation.
Note that if a work accident causes a fatality, the victim’s family can file for death benefits.2
3. Is there any way I can sue my employer?
In most cases, you are not allowed to sue your employer for a work-related injury: Filing a workers’ compensation insurance claim is your “exclusive remedy.”
But there are rare circumstances that open the door for injured workers to bring a traditional personal injury lawsuit. Therefore, you should consult with a personal injury lawyer to determine if your situation qualifies.
In addition, you may be able to sue third-parties that may have been responsible for your accident. For example if you were injured by a piece of equipment malfunctioning, you may be able to bring a products liability claim against the equipment manufacturer. And if the worker was killed by the accident, the worker’s family and estate may be able to bring a wrongful death claim against the third party.
4. What is the injury claims process?
You have only seven days from your injury to give your employer a completed Notice of Injury or Occupational Disease (C-1 form). Then you and the physician have to fill out the Employee’s Claim for Compensation/Report of Initial Treatment (C-4 form), which the physician mails to the employer’s insurer. You should then receive a reply approving or denying the claim within 30 days.3
5. Can independent contractors file for workers’ comp?
Only employees are eligible to file for workers’ compensation. However, construction workers are usually eligible to file for workers’ comp in Nevada even if they are technically independent contractors. Construction workers injured on the job should consult with a workers’ comp attorney to discuss their legal options.4
6. Do I need a workers’ comp lawyer?
All injured workers in Nevada are advised to consult with a Las Vegas workers’ comp attorney as soon as possible after the accident. We know how best to complete the claims forms to increase the odds of you getting maximum compensation. And if your workers’ compensation case gets denied, we can appeal the claim and try to settle.
In addition, an attorney can vet whether you have grounds to bring a traditional personal injury case against your employer or other third parties.
Call our Nevada law firm for legal advice. Our Las Vegas workers’ compensation lawyers serve clients in Las Vegas, NV, Henderson, and throughout the state of Nevada. Our law office’s practice areas also include personal injury law, including slip and fall accidents, car accidents, and other vehicle accidents.
- NRS 616A-616C. NRS 617. See, for example: State Industrial Insurance System v. Kelly (1986) 99 Nev. 774, 671 P.2d 29.
- Same. Memorandum – State Of Nevada – Dept Of Business & Industry – Division Of Industrial Relations – Workers’ Compensation Section. See, for example: Taylor v. Truckee Meadows Fire Prot. Dist. (2021) 479 P.3d 995.
- See note 1. Welcome to Workers’ Compensation, State of Nevada Department of Business & Industry, Industrial Relations (DIR)
- See NRS 616A.105; NRS 616A.210; NRS 616A.285; NRS 616B.603; NRS 616A.320; NRS 624.020; see also Associated Risk Mgmt. v. Ibanez, (2020) 478 P.3d 372, 136 Nev. Adv. Rep. 91.