Las Vegas Workers’ Compensation Lawyer
Workers’ compensation is a statutory system of providing benefits for physical harm that happen while 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.
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 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 (7) 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 ninety (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 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.
Responding To A Claim Denial
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.