Free Nevada Workers' Compensation FAQs | Free Nevada Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

It is mandatory for an employer who has one or more employees to provide workers` compensation insurance coverage. Some employees are excluded due to unique criteria.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Report ALL incidents and accidents as soon as possible to your employer and complete a Notice of Injury Form. The Notice of Injury Form must be completed immediately unless medical attention is sought. It serves as a record in the event that medical treatment is sought at any future date. The Insurer is required to deny a claim for injuries if the Notice of Injury Form is not completed within 7 days of the incident/accident.

The injured employee should file a claim for compensation with the insurer within 90 days after an accident if:

The employee has sought medical treatment for an injury arising out of and in the course of his employment; or
The employee was off work as a result of an injury arising out of and in the course of his employment.

In the event of the death of the injured employee resulting from the injury, a dependent of the employee, or a person acting on his behalf, shall file a claim for compensation with the insurer within 1 year after the death of the injured employee.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

Employees must select a provider from the appropriate Managed Care Provider. This does not apply if the employee lives more than 20 miles from a provider. Employee`s can change treating physicians once during the first 90 days of a claim, without prior approval.

The employer can require an employee to submit to an examination by a physician specified by the employer. Failure to submit to this examination may result in a loss of benefits.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If your physician indicates that you have temporary physical restrictions that do not allow you to perform your regular job, consideration will be given to modify your duties as necessary. You will receive your normal wages and benefits. These will be prorated if less than 8 hours/day are worked. This assignment will last until whichever of the following occurs first:

Ninety consecutive calendar days elapse from the acceptance of the special assignment.
Your physician/chiropractor indicates you have permanent restrictions that will prevent you from returning to your regular job.
Appropriate modified duty tasks are no longer available.
You are released to full duty.
Your claim for workers` compensation benefits is denied.

Employees must respond to a modified duty job offer within 24 hours when possible, but not later than 3 days. Exceptional circumstances will allow up to 7 days for a response. The insurer will discontinue compensation benefits if an employee does not accept a modified duty position that is approved by their physician and is within 25 miles of the original position.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

Begin by discussing the claim with your supervisor. If you still have questions, contact the claims adjuster for your insurer. If you continue to feel your concerns are not being addressed, contact the Division of Industrial Relations for assistance. In addition, state law requires all insurers to provide appeal rights to the Department of Administration Hearing Division that was established to resolve disputes in claims. If you disagree with a claim determination, you may appeal the decision to the Hearing Officer within 70 days from the date of the insurer`s determination or to the Appeals Officer within 30 days of a determination. If you still have questions, you may call the Nevada Attorney for Injured Workers to help you understand the procedure.

Nevada Attorney for Injured Workers helps injured workers with their appeals by giving advice on workers` compensation benefits and procedures, or by being appointed to represent the injured worker at Appeals Officer hearings if the worker, employer, or insurer appeals a benefit issue to settle a grievance.

For information regarding denial of benefits, you may contact the Nevada Attorney for Injured Workers at:

1000 E. William Street, Suite 213
Carson City, Nevada 89701
(775) 6874076

555 E. Washington Blvd.
Suite 4800
Las Vegas, Nevada 89101
(702) 4862830

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

Temporary compensation benefits must not be paid for an injury which does not incapacitate the employee for at least 5 consecutive days, or 5 cumulative days within a 20day period, from earning full wages, but if the incapacity extends for 5 or more consecutive days, or 5 cumulative days within a 20day period, compensation must then be computed from the date of the injury.

Maximum disability compensation in Nevada is 662/3 percent of the average monthly wage.

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