One of the most important things to understand as a business owner is workers’ compensation in Nevada. Las Vegas personal injury attorneys advise anyone who owns a business to at least have a basic understanding of how the law works. The fact is that workers’ compensation is not complicated.
What is Workers’ Compensation?
According to a personal injury lawyer Henderson, Nevada requires any employer with one or more employees to carry workers’ compensation coverage. Most businesses purchase workers’ compensation from an insurance carrier while some larger companies may choose to self-insure themselves against workplace injuries. One of the most important aspects of workers’ compensation coverage is that it protects the employer from additional damages if an employee is injured on the job.
Workers’ Compensation Process
The process is relatively simple, according to most Las Vegas personal injury attorneys. When an employee is injured on the job or suffers an illness related to their job duties, an employer should have them complete a Notice of Injury or Occupational Disease Incident Report. It is crucial that you have an employee complete the job within seven days of the accident and you must maintain the report for at least three years. Once that report is completed, you need to complete an Employer’s Report of Industrial Injury or Occupational Disease and file the report with the insurer. A copy of that report is sent to the employee, and other is recorded for the employer. Failure to submit that form could result in a $1,000 fine, so it is important to file it within six days. You must then complete an Employers Wage Verification Form and submit it within six days.
Report of Initial Treatment
The final form that must be completed is the Claim for Compensation and Report of Initial Treatment. The treating physician must sign this report. It must be filed with the insurer within three working days of treatment. Failure to do so could result in a fine of up to $1,000 for the doctor who treats the employee. Within 30 days of this claim, the insurer must accept or deny the claim. It is essential to know, however, that there are specific reasons for an insurer to deny a workers’ compensation claim. A personal injury lawyer Henderson explains that workers’ compensation is no-fault insurance which means that even if the employee was responsible for their injury, the claim would more than likely be accepted.
There are several benefits available to an employee who has been injured or suffered illness on the job. The insurance company may determine that they are totally or partially disabled temporarily. If this occurs, the employee will receive 66.66 percent of their weekly salary. An employee who has been partially disabled permanently may receive a percentage based on the amount of their disability. A worker may also receive compensation while they are undergoing vocational rehabilitation maintenance or training if they must be trained for a different position due to their injury. If the employee is disabled, compensation may be paid for the remainder of their life. Nevada also allows for lifetime reopening of a workers’ compensation claim. In this case, an employee can ask to have a case reopened if the injury or illness worsens over time.
If you have been injured on the job, contact the Schnitzer Law Firm today to speak to Las Vegas personal injury attorneys who can help you get the compensation you deserve under the law. If you are an employer, you can also seek the advice of an attorney in a workers’ compensation case. Hiring an attorney does not mean you intend to sue and you may not be able to file a lawsuit in a workers’ compensation claim. Our firm will look out for your best interests and make sure the claim is handled fairly. You can schedule an appointment by phone, email or by using the secure online form.