Worker's Compensation FAQ's.

  When should I hire an attorney?

It is usually to your advantage to hire an attorney as soon as possible so that you get good advice right away. You cannot trust your employer or insurance company to look out for your best interests. Their goal is to provide the absolute minimum benefits possible on each claim. Your employer and insurance company already have lawyers working for them, and they know far more about the Nevada worker's compensation system than you do. They hope that you’ll miss a deadline you don’t know about, or that you won’t ask for a benefit that you are entitled to. You can call us and set up an appointment for a free initial consultation to discuss the specifics of your case.

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  What benefits am I entitled to in Nevada?

The Nevada worker's compensation system provides three major types of benefits: (1) Medical benefits to treat your injury, (2) lost wages benefits if you are unable to work or work reduced hours, and (3) permanent disability benefits to compensate for a permanent physical impairment. In rare cases, you might receive permanent total disability benefits if you are so disabled that you can never return to any work at all.

 

Of course, there are many qualifications and loopholes involved in each type of benefit, most of which favor the insurance companies. If you call us and set up an appointment for a free initial consultation, we can explain in detail the specific benefits to which you will be entitled.

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    Will I get paid when I am off work?

In Nevada, you are eligible for lost wages benefits if your Doctor instructs you to miss more than 5 days of work as a result of your injury. If your Doctor deems you totally unable to work, you will receive 66 2/3% of your average weekly wage. This is known as temporary total disability (TTD) benefits. If you are working reduced hours or reduced pay, you will receive 2/3 of the difference between what you actually earn, and what you would have made if you had not been injured. This is temporary partial disability (TPD).You can call us and set up an appointment for a free initial consultation to discuss the specifics of your TTD benefits.

 

There are some important restrictions on the eligibility to temporary disability benefits. For example, if you are fired "for cause," it can be very difficult to obtain lost wages.

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    Who pays for my benefits?

An insurance company hired by your employer pays the benefits.  In some cases, the employer may be self-insured.  In either case, the claim is usually administered by an entity called a Third Party Administrator.  Nevada's worker's compensation system pays for 100% of your benefits, including, but not limited to, medical bills, prescriptions, travel expenses and diagnostic testing. Unfortunately, there are certain benefits that you must specifically request from the insurance company prior to payment.

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    I think I may have carpal tunnel syndrome or some other repetitive motion injury. Can I get benefits for that?

As with all repetitive motion injuries, carpal tunnel syndrome is a valid and legitimate injury under the Nevada worker's compensation system. The key is proving that you developed carpal tunnel syndrome as a result of your work.   In Nevada, it is very common for a miner, mechanic or driller to develop carpal tunnel syndrome as a result of their work activities.  Although many people commonly associate carpal tunnel with keyboard work, there are many other types of repetitive activities that can cause it. Repetitive gripping of tools, bolts or other similar activities can frequently cause carpal tunnel syndrome.  If you suspect that you have a repetitive motion injury, see your doctor immediately.  While you're there, ask your doctor about the possibility of your injury being work related.

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  Will I get a settlement and what is my injury worth?

It is important to know that in Nevada, most injuries sustained at work receive a settlement at the end of the claim called a Permanent Partial Disability settlement (PPD).  

 

The answer to this question depends on they type of injury you have, and how severe the injury or disability is when you reach maximum medical improvement.

 

Some body parts are compensated much better than others. For example, arm and leg injuries are considered to be less serious by the Nevada worker's compensation system. Compensation awards for arm and leg injuries are typically lower than for back and neck injuries.

 

Regardless of the type of injury, it is important to remember that the employer and insurance company are working hard to make sure that your compensation award is as low as possible. One of our attorneys will fight to make sure you get the best compensation possible under the system.

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  I have an old work injury and it is getting worse. Can I reopen my claim for more medical treatment?

Nevada is one of the only states in the country that allows injured workers to reopen their claims any time for the rest of your life.  Unfortunately, this right is only applicable to injured employees who missed work as a result of their injury or received a Permanent Partial Disability award for the claim.  Cases without one of these two requirements must usually be reopened within one (1) year of claim closure.  Also, there are certain cases where the expenses of the claim are not enough to warrant reopening at all.  

 

Usually, claims are reopened because you get worse and need more treatment. It is your burden to prove that your condition is still related to the original injury, worsening and that you require additional medical care for the injury.  Insurance companies hate to reopen claims, and almost never do it without a fight.

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Toll Free (800) 443-2804

Or 775-738-9877

2560 Mtn City Hwy, Suite 101 • ELKO, NV  89801