Las Vegas Workers’ Compensation Lawyer
Workers’ compensation is a statutory system of providing benefits for physical harm suffered on the job. At Behzadi Law, I can help you file a claim with your employer under Nevada’s Industrial Insurance Act in order to maximize your rights to treatment and compensation under the law.
I’m attorney Qumars Behzadi, and my goal is to protect your interests and ensure you are provided benefits while working to get you compensation for your injuries. That means making sure you are provided properly calculated maintenance checks. It also means getting you all the medical care required for your injuries, including transfers to other physicians. If necessary, I can also pay for alternative ratings so that you are properly compensated for your disability.
The Nevada Workers’ Compensation Claim Filing Process
The Nevada legislature has established a scheme for workers’ compensation claims that begins with a two-step process. First, an injured employee must provide written notice of a work-related injury to the employer within seven days of the injury. A C-1 form notice of injury must be filled out by the employee and given to the employer. Second, the employee must file a claim for compensation for the injury within 90 days of the accident.
An injured employee is generally barred from receiving compensation if the employee fails to file a timely claim for compensation. However, an insurer may excuse the failure to file a claim on time if: (a) the injury or another cause beyond the employee’s control prevented filing the notice or claim; (b) the failure was caused by a mistake or ignorance of fact or law; (c) the failure was caused by a physical or mental inability; or (d) the failure was caused by fraud, misrepresentation or deceit.
Burden Of Proof For A Las Vegas Workers’ Compensation Claim
In order to get compensation for an injury, the employee must show by a “preponderance of the evidence” that the injury “arose out of and in the course of his or her employment.” The worker does not need to prove that the employer or anyone else was negligent. With a few exceptions, you are generally entitled to compensation even if you are at fault for your own injury. Some notable exceptions include intentionally inflicted injuries and injuries occurring while intoxicated/under the influence or due to a failure to follow reasonable medical treatment.
However, in Nevada, the worker needs to show more than simply that an accidental injury occurred “in the course” of employment (i.e., on the job); the worker must also show the injury “arose out of” the employment, meaning showing a causal connection between the injury and the employee’s work. In other words, the worker must establish a link between workplace conditions and how those conditions caused the injury.
How To Respond To A Denied Workers’ Compensation Claim In Nevada
If a claim is denied, you, the injured worker, have 70 days to appeal the letter and file it with the Hearings Division of the Nevada Department of Administration. The appeal is jurisdictional, which means if it is not filed by the deadline, you will lose your right to appeal the decision, with very limited exceptions.
Nevada’s Denied Workers’ Compensation Claims Process
After receiving a denial of your workers’ compensation claim in Nevada, you must proceed with the formal appeals process which involves:
- Filing a request for a hearing with the Hearings Division within 70 days from when you received the notice of denial
- Preparing evidence to support the claim
- Presenting the case at the hearing
- Receiving a decision from the hearing officer
You should consult with and retain an experienced Nevada workers’ compensation attorney such as Behzadi Law to help you win your appeal. If dissatisfied with the hearing officer’s decision, Behzadi Law can appeal to an appeals officer within 30 days. Most claim will be resolved by this stage of the process.
If you’re still unhappy with the appeals officer’s decision, Behzadi Law can file a petition for judicial review with the Nevada Court of Appeals. If the Court of Appeals does not decide in your favor, Behzadi Law may be able to appeal to the Nevada Supreme Court if the Supreme Court grants a petition for review. Behzadi Law may also be able to negotiate with the claims adjuster and settle the claim with a mutually acceptable agreement during this process.
Exceptions To The Denied Workers’ Compensation Claim Deadlines
In certain circumstances, a worker may be able to appeal a denied claim even if they miss the initial deadline. These exceptions aim to protect workers who, through no fault of their own, were unable to file an appeal on time. Situations that may qualify for an exception include:
- Proving you failed to receive notice of the claim denial.
- The insurer failed to mail, or if requested by you or your representative to be send by facsimile or other electronic transmission, the notice of claim denial.
- Extension of the deadline for an additional 90 days if you were diagnosed with a terminal illness or informed of the death or diagnosis of a terminal illness of your spouse, a parent or child.
It is essential to note that these exceptions are narrowly defined and subject to strict interpretation. Behzadi Law can determine if an exception applies to your situation, as the rules and regulations surrounding workers’ compensation claims in Nevada can be complex and nuanced. Time is of the essence so contact Behzadi Law immediately if you need help.
Contact The Workers’ Compensation Firm Behzadi Law
If you were injured on the job, call Behzadi Law at 702-643-4878 (HURT) or fill out my online contact form to set up a free initial consultation.