Nevada Workers' Compensation FAQs

Get answers to the most common questions about workers' compensation claims in Nevada.

Navigating Nevada's workers' compensation system can feel overwhelming when you're dealing with a workplace injury. These frequently asked questions provide essential information about your rights, the claims process, and what to expect. For personalized legal guidance on your specific situation, contact Becker & Vail LLC today.

Filing and Eligibility Questions

What if my employer doesn't have workers' compensation insurance?

Your employer is required by Nevada law to carry workers' compensation insurance if they have one or more employees. If they don't have coverage, you may be able to file a claim with the Nevada Uninsured Employers' Fund. Your employer may face significant penalties including administrative fines up to $15,000 under Nevada Revised Statutes § 616D.120(6) and being ordered to cease business operations until coverage is obtained.

What if I was injured while working from home?

Remote work injuries can be covered if they occur while performing job duties during work hours. You'll need to prove the injury happened during work-related activities. Document the circumstances immediately and report the injury to your employer following normal procedures.

Does workers' comp cover mental health conditions?

Nevada covers work-related mental health conditions in certain circumstances. First responders can file claims for post-traumatic stress from witnessing traumatic events. Other workers may qualify if they can prove their mental health condition directly resulted from workplace trauma or extreme work-related stress.

Can I file a claim if I'm an independent contractor?

This depends on your actual work relationship, not just how you're classified on paper. Many workers labeled as "independent contractors" are actually employees under Nevada law and entitled to workers' compensation benefits. The determination depends on factors like who controls your work schedule, provides tools and equipment, and directs how tasks are performed. Becker & Vail LLC can help analyze your employment status.

Can I file a claim for an injury that happened gradually over time?

Yes. Occupational diseases and repetitive stress injuries are covered under Nevada workers' compensation. These claims require different filing procedures and may have extended deadlines compared to acute injuries. Examples include carpal tunnel syndrome, hearing loss, respiratory conditions from workplace exposure, and back injuries from repetitive lifting.

What if I'm an undocumented worker?

You still have rights under Nevada workers' compensation law. Your immigration status generally cannot be used to deny legitimate benefits for workplace injuries. Nevada's workers' compensation system protects all workers injured on the job, regardless of citizenship status.

Deadlines and Reporting Requirements

How long do I have to file a workers' comp claim in Nevada?

You must report your injury to your employer within 7 days of the accident. The medical portion (Form C-4) must be filed within 90 days of your injury or when you first noticed symptoms of an occupational disease. Missing these deadlines can result in denial of your entire claim. Time is critical, don't delay.

What happens if I miss the filing deadline?

Missing deadlines can be fatal to your claim. Nevada courts rarely grant extensions, even for legitimate reasons. However, there may be exceptions in cases of delayed discovery of occupational diseases or if your employer prevented you from filing. Contact Becker & Vail LLC immediately if you're concerned about deadlines.

Do I need to report minor injuries?

Yes, report all workplace injuries to your employer within 7 days, even if they seem minor. Some injuries worsen over time or have delayed symptoms. Early reporting creates a clear record and protects your rights if complications develop later.

Medical Treatment and Providers

Can I choose my own doctor for treatment?

Generally, you must see a doctor from your employer's approved provider list. However, if your employer doesn't provide this list promptly, you can seek immediate care elsewhere and document your attempts to get the approved list. For emergency treatment, you can go to any medical facility and transfer to an approved provider later.

How long will my medical treatment be covered?

Nevada workers' compensation covers all reasonable and necessary medical treatment for your work-related injury for as long as treatment is needed. There's no arbitrary time limit on medical benefits, but treatment must be related to your workplace injury.

Can I change doctors if I'm unhappy with my treatment?

You can request a different doctor from your employer's approved provider list. If you have legitimate concerns about your medical care quality, we can help advocate for better treatment options or specialist referrals. Document any issues with your current treatment.

What if I need to see a specialist?

Your treating physician can refer you to specialists as needed for your work-related injury. The insurance company must authorize and pay for necessary specialist care. If they deny a specialist referral you believe is necessary, this can be appealed.

Compensation and Benefits

How much compensation can I receive?

Nevada uses specific formulas based on your average weekly wage, injury severity, and disability rating. For injuries occurring during the year beginning July 1, 2024, the maximum temporary total disability benefit is $5,630.43 per month. Benefits can include medical costs, wage replacement, and permanent disability compensation.

What if I can work but earn less due to my injury?

You may qualify for temporary partial disability (TPD) benefits if you return to work but earn less than your pre-injury wages due to work restrictions. TPD pays two-thirds of the difference between your pre-injury wages and current earnings, subject to a 24-month cap.

What is temporary total disability (TTD)?

TTD provides wage replacement when you're completely unable to work due to your injury. You receive two-thirds of your average monthly wage, up to the state maximum. TTD payments typically begin after you've been off work for more than five consecutive days or five days within a 20-day period.

Will I receive compensation for permanent disability?

If your injury results in permanent impairment, you may receive permanent partial disability (PPD) or permanent total disability (PTD) benefits. The amount depends on your disability rating, which is determined by a doctor using standardized medical guidelines.

What about lost wages while I'm recovering?

Workers' compensation replaces a portion of your lost wages while you're unable to work. Temporary disability benefits typically equal two-thirds of your average weekly wage, subject to state maximums. Benefits continue until you can return to work or reach maximum medical improvement.

Employer Relations and Job Protection

Will filing a claim hurt my job security?

Nevada law prohibits employers from retaliating against workers who file legitimate workers' compensation claims. If you face retaliation such as termination, demotion, or harassment, you may have additional legal remedies available beyond your workers' comp benefits.

Can my employer make me use sick leave or vacation time?

Your employer cannot require you to use personal sick leave or vacation time for work-related injuries covered by workers' compensation. You're entitled to workers' comp benefits, and your personal time off should remain available for non-work-related needs.

What if my employer pressures me not to file a claim?

Your employer cannot prevent you from filing a workers' compensation claim. They must provide you with necessary forms and cannot discourage you from seeking benefits. If your employer pressures you to avoid filing, document these interactions and contact Becker & Vail LLC immediately.

What if my employer offers me light duty work?

If your doctor releases you to light duty and your employer offers suitable work within your restrictions, you're generally required to accept it. Refusing appropriate light duty work could result in suspension of wage replacement benefits. However, the work must genuinely accommodate your restrictions.

Fault and Liability Questions

What if I was partially at fault for my accident?

Nevada operates under a no-fault workers' compensation system. Even if you made a mistake or contributed to the accident, you're still entitled to benefits. Your own actions generally cannot disqualify you from compensation, as long as you weren't intoxicated or intentionally injuring yourself.

What if I was following safety rules but still got hurt?

Workers' compensation is no-fault insurance. You don't need to prove your employer was negligent or that you followed all safety protocols. If you were injured while performing job duties, you're typically covered regardless of fault.

Can I be denied benefits for violating safety rules?

Minor safety violations usually won't disqualify you from benefits. However, if you were intoxicated, under the influence of illegal drugs, or intentionally caused your injury, your claim may be denied. The burden is on the insurance company to prove misconduct.

Claims Process and Disputes

What if the insurance company isn't paying my benefits?

If your claim is accepted but payments are delayed or stopped, you can file a complaint with the Nevada Division of Industrial Relations or request a hearing. You may also be entitled to penalty payments for unreasonable delays.

How long does the claims process take?

Insurance companies have 30 days to accept or deny your claim after receiving proper notice. If accepted, benefit payments should begin promptly. If denied, you can appeal the decision. The entire process can take several months, depending on the complexity of your case and whether disputes arise.

Can I settle my workers' compensation case?

Yes, you can negotiate a settlement with the insurance company. However, settlements are permanent and typically prevent you from reopening your claim later. It's crucial to have experienced legal representation before agreeing to any settlement to ensure it adequately covers your current and future needs.

What if my claim gets denied?

A denial is not the end of your case. Under Nevada law, you have 70 days to appeal to the Nevada Department of Administration Hearings Division. Nevada Revised Statutes § 616C.345(2) and (4) establish that claimants may file a notice of contested claim or appeal within 70 days after the date on which the insurer's determination was mailed. Many initially denied claims are successfully overturned through the appeals process with proper legal representation.

Special Circumstances

What if my injury gets worse after my case is closed?

Nevada allows injured workers to reopen their workers' compensation claims at any point for life if they can prove their condition has worsened. You'll need medical documentation showing your work-related injury or condition has deteriorated and requires additional treatment.

Are occupational diseases covered differently than injuries?

Yes, occupational diseases (conditions that develop over time due to workplace exposure) have different filing requirements. You have 90 days from when you knew or should have known the disease was work-related to file your claim. These cases often require extensive medical evidence linking the condition to workplace exposure.

What happens if I'm hurt while traveling for work?

Injuries during work-related travel are generally covered, including accidents during business trips, while driving for work purposes, or even during reasonable meal and rest breaks while traveling. Nevada recognizes the "traveling employee rule" for workers injured while away from their regular workplace.

What if someone else caused my workplace injury?

If a third party (not your employer or coworker) caused your injury, you may have both a workers' compensation claim and a personal injury lawsuit. For example, if you're injured by a defective product or in a car accident while working. These "third-party claims" can provide additional compensation beyond workers' comp benefits.

Do I need a lawyer for my workers' compensation claim?

While not required, having an experienced workers' compensation attorney significantly improves your chances of a successful outcome. Insurance companies often deny valid claims or offer inadequate settlements. An attorney can help navigate the complex system, gather necessary evidence, and fight for maximum benefits.

Union Workers' Compensation Expertise

Becker & Vail LLC has extensive experience representing union workers across Nevada's major industries. Union workers often face unique challenges in workers' compensation cases, including coordination with union benefits, understanding complex collective bargaining agreements, and navigating both union and state procedures.

For union workers seeking experienced workers' compensation representation, contact Becker & Vail LLC.

Email: information@beckervail.com
Office Phone: 702-209-0357

Becker & Vail LLC has Union-Specific Legal Understanding.

Collective bargaining agreement provisions that may affect workers' compensation claims.

Coordination between union benefits and state workers' compensation.

Industry-specific hazards common in unionized workplaces.

Union advocacy support throughout the claims process.

ASSISTANCE

Becker & Vail LLC offers assistance in English, Spanish, Russian, and Hindi languages.

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