
Denied Workers' Compensation Claim
Don't Give Up, Your Denied Claim May Still Be Winnable.
If your Nevada workers' compensation claim has been denied, you're not alone and you're not out of options. Claim denials are common, but many can be successfully overturned through the appeals process. At Becker & Vail LLC, we help injured workers across Las Vegas understand exactly why their claim was denied and develop a strategic plan to fight back.
With experience in Nevada's workers' compensation system, our legal team provides clear, aggressive guidance through every stage of the appeals process, from initial hearings to district court if necessary.
Most Common Reasons Workers' Compensation Claims Get Denied.
Understanding the reason behind your denial is crucial for building a successful appeal. Here are the frequent causes that can occur:
Missing Critical Deadlines
Nevada has strict filing deadlines that insurance companies use to deny otherwise valid claims:
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Form C-1 (Notice of Injury): Must be filed within 7 days of your injury
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Form C-4 (Claim for Compensation): Must be completed by your doctor and filed within 90 days
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Appeal deadlines: Only 70 days to appeal a denied claim
Hypothetical Example: A warehouse worker injured their back but waited 95 days to file Form C-4 because they thought their injury would heal on its own. The insurer automatically denied the claim due to the late filing, even though the injury was clearly work-related.
For detailed information about these critical deadlines, see our comprehensive guide on filing a workers' compensation claim in Nevada.
Form C-4 Errors and Omissions
The C-4 form is the backbone of your workers' compensation claim. Even minor errors can result in denial:
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Incomplete medical descriptions of your injury
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Vague language about work-relatedness
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Missing physician signatures or dates
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Conflicting information between forms
Hypothetical Example: A casino housekeeper developed carpal tunnel syndrome, but their doctor wrote "possible work-related" instead of clearly stating the condition arose from repetitive cleaning motions. The insurance company used this uncertain language to deny the claim.
Insufficient Medical Documentation
Insurance companies scrutinize medical evidence closely. Common documentation problems include:
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Gaps in medical treatment that raise questions about injury severity
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Lack of objective medical findings supporting your symptoms
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No clear causal relationship established between work duties and injury
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Pre-existing condition disputes without proper medical differentiation
Hypothetical Example: A construction worker hurt their shoulder but delayed seeing a doctor for two weeks while trying to "tough it out." The insurance company argued that other activities during those two weeks could have caused the injury.
Employer Disputes and Investigations
Employers and their insurance companies may challenge various aspects of your claim:
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Questioning whether injury occurred at work
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Claiming injury resulted from employee misconduct
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Arguing injury happened during non-work activities
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Disputing the timing of when the injury occurred
Hypothetical Example: A hotel maintenance worker slipped on a wet floor during their shift, but the employer claimed the accident happened in the employee break room during personal time, not while performing work duties.
Work-Relatedness Challenges
Proving your injury "arose out of and during the course of employment" can be complex for certain types of injuries:
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Repetitive stress injuries that develop gradually over time
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Occupational diseases with long latency periods
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Aggravation of pre-existing conditions
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Mental health conditions like PTSD (see our guide on workers' compensation for Culinary Union members for information about stress-related claims)
Your Right to Appeal Under Nevada Law.
Nevada Revised Statutes § 616C.345 provides injured workers with comprehensive appeal rights when claims are denied. You may be eligible to appeal if:
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You received a written denial letter from the insurance company
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Your claim was closed prematurely, or benefits were terminated
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Medical or wage benefits were miscalculated or underpaid
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Treatment authorizations were improperly denied
Critical Appeal Timeline
You have only 70 days from the date of the denial letter to file your appeal. This deadline is strict and rarely extended, making prompt action essential.
The Nevada Workers' Compensation Appeals Process.
Step 1: Request a Hearing (70-Day Deadline)
File a "Request for Hearing" with the Nevada Department of Administration Hearings Division. This must include:
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Copy of the denial letter you're appealing
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Specific issues you're disputing
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Any new evidence supporting your claim
Nevada Department of Administration Hearings Division
Carson City Office: 1050 E. William Street, Suite 400, Carson City, NV 89701
Las Vegas Office: 2200 S. Rancho Drive, Suite 210, Las Vegas, NV 89102
Step 2: Evidence Gathering and Case Preparation
This is where experienced legal representation makes the biggest difference. We work to:
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Obtain missing medical records and expert medical opinions
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Correct errors in original claim forms
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Gather additional evidence such as witness statements or workplace documentation
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Coordinate with treating physicians to strengthen medical causation arguments
Step 3: Hearing Before a Hearing Officer
The hearing is your opportunity to present evidence and testimony supporting your claim. Having an attorney represent you at this stage significantly improves your chances of success.
Step 4: Appeals Officer Review (If Necessary)
If the Hearing Officer upholds the denial, you can appeal to an Appeals Officer within 30 days. This is essentially a new hearing with fresh review of all evidence.
Step 5: District Court Appeal (Final Option)
As a last resort, you can appeal an Appeals Officer decision to district court within 30 days by filing a Petition for Judicial Review.
Frequently Asked Questions About Denied Claims.
How much does it cost to appeal a denied workers' compensation claim?
Becker & Vail LLC handles workers' compensation appeals on a contingency fee basis, meaning you don't pay attorney fees unless we win your case. This makes experienced legal representation accessible regardless of your financial situation.
How long does the appeals process take?
Depending on the factual or legal complexity of the case, administrative review can take several months. Judicial review can also take several months. However, if successful, you may receive retroactive benefits back to your original injury date.
Can I work while my appeal is pending?
This depends on your medical restrictions and available work. Continue following your doctor's recommendations and document any work limitations. If you're able to return to modified duties, this may actually strengthen your credibility.
What if I discover new medical evidence after my denial?
New medical evidence can be crucial for appeals. Nevada allows submission of additional evidence during the hearing process. We can help coordinate with your medical providers to obtain updated evaluations or specialist opinions.
Will appealing hurt my relationship with my employer?
Nevada law prohibits employer retaliation for filing workers' compensation claims or appeals. If you experience adverse employment actions, you may have additional legal remedies beyond your workers' compensation case.
How Experienced Legal Representation Can Help.
Many injured workers give up after receiving a denial letter, not realizing how often these decisions can be overturned. Insurance companies count on this reaction, they know that workers who don't appeal will never receive benefits, regardless of how legitimate their claims may be.
The appeals process exists specifically to correct wrongful denials. With proper legal representation and strategic case development, many denied claims can be successfully reversed.
The appeals process has strict deadlines and procedural requirements. Whether you choose to represent yourself or hire an attorney, acting quickly within the 70-day deadline is essential to preserve your rights.
Time is critical in workers' compensation appeals. Everyday you wait is one less day you have to build your case and gather evidence. Contact Becker & Vail LLC immediately to:
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Evaluate your denial and identify appeal strategies
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Protect your appeal deadline with timely filing
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Begin evidence gathering to strengthen your case
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Coordinate medical care while your appeal is pending
Email: information@beckervail.com
Office Phone: 702-209-0357
Legal support available in English, Spanish, Russian, and Hindi.
Your denied claim doesn't have to be the end of your story. Let us help you fight for the benefits you deserve.
1. Thorough Case Review
Understanding why your claim was denied is the first step toward a successful appeal. An experienced workers' compensation attorney can:
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Review your claim file to identify specific weaknesses that led to denial
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Determine whether missing documentation or procedural errors contributed to the decision
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Assess whether the denial was based on legitimate grounds or insurance company tactics
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Evaluate the strength of your case for appeal
2. Strategic Appeal Development
Appeals require more than just resubmitting the same information. Effective legal representation may involve:
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Identifying what additional evidence could strengthen your case
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Working with medical professionals to clarify causation issues
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Addressing any procedural or documentation problems in the original claim
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Developing legal arguments that directly counter the reasons for denial
3. Professional Hearing Representation
The appeals process involves formal legal proceedings where experience matters. Having qualified legal representation can help ensure:
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Your case is presented effectively to hearing officers
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All relevant evidence is properly introduced and argued
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Insurance company arguments are appropriately challenged
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Your legal rights are fully protected throughout the process
Special Considerations for Union Workers
If you're a union member (such as IAFF Local 1908, Local 1977, Local 226, HPOA or other Las Vegas unions), your appeal may involve:
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Coordination with union benefits to avoid conflicts
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Union representative testimony about workplace conditions
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Collective bargaining agreement provisions that support your case
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Industry-specific injury patterns that strengthen causation arguments
Red Flags That Require Immediate Legal Help.
Contact Becker & Vail LLC immediately if you experience:
01.
Deadline Pressure
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Less than 60 days remaining on your 70-day appeal deadline
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Confusion about filing requirements or proper procedures
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Missing documentation needed for your appeal
02.
Complex Medical Issues
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Disputes over pre-existing conditions
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Multiple injuries from the same incident
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Occupational diseases requiring specialized medical testimony
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Mental health claims with complex causation issues
03.
Employer Retaliation
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Termination or discipline after filing your workers' compensation claim
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Pressure to not pursue your appeal
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Harassment or discrimination related to your injury
Know your rights against retaliation, Nevada law provides strong protections.


Becker & Vail LLC offers assistance in English, Spanish, Russian, and Hindi languages.
English
For assistance in English, please contact 702-209-0357 or send an email to information@beckervail.com.
Español
Si necesita asistencia en español, llame al 702-209-0357 o envíe un correo electrónico a information@beckervail.com.
Pусском
За помощью на русском обращайтесь по телефону 702-209-0357 или электронной почте information@beckervail.com.
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Email: information@beckervail.com
Office Phone: 702-209-0357
2300 West Sahara Avenue, Suite 800
Las Vegas, Nevada 89102
