Am I Eligible For Workers’ Compensation?

Most people employed in the state of Nevada are eligible for workers’ compensation benefits if they sustain an on-the-job injury. This is written into Nevada law, and there are very few exceptions. Here, we want to briefly review what the law says about employers having to provide this insurance, as well as the types of compensation that could be available if you need it.

What Nevada Law Says About Who Gets Workers’ Comp Benefits

Nevada law requires that employers carry workers’ compensation insurance for each of their employees. This insurance provides benefits to employees who are injured or become ill as a direct result of their job. Under the Nevada Revised Statutes (NRS) Chapter 616A-616D, almost all employees are covered, including full-time, part-time, and seasonal workers.

• Coverage Requirements. Employers in Nevada must have workers’ compensation insurance, regardless of the number of employees or the type of business. This ensures that workers have access to medical treatment, disability payments, and other benefits if they are injured on the job.
• Benefits Provided. Workers’ compensation benefits in Nevada can include medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation, and death benefits for the families of workers who are killed on the job.

Can Contractors and Freelancers Get Workers’ Compensation?

Independent contractors and freelancers generally do not qualify for workers’ compensation benefits in Nevada. The key factor is the classification of the worker. Employers aren’t mandated to provide workers’ compensation insurance to independent contractors, but this does not mean that all workers classified as contractors are correctly classified.

• Misclassification Issues. Sometimes, employers misclassify employees as independent contractors to avoid providing benefits, including workers’ compensation. If you believe you have been misclassified, you may be able to challenge this classification and gain access to workers’ compensation benefits.

Can Undocumented Workers Receive Workers’ Compensation?

Yes, undocumented workers in Nevada are eligible for workers’ compensation benefits if they sustain an on-the-job injury. Nevada law provides protections for all workers, regardless of their immigration status.

• Entitlement to Benefits. Undocumented workers are entitled to receive the same benefits as any other worker, including medical care, temporary and permanent disability benefits, and lost wage replacement.
• Legal Protections. Employers cannot retaliate against workers who file for workers’ compensation, including undocumented workers. This means that your employer cannot fire you, threaten you, or take any other adverse action against you for seeking the benefits you are entitled to under the law.

How to Apply for Workers’ Compensation

If you have been injured at work in Las Vegas, it is important to take the following steps to apply for workers’ compensation benefits:

1. Report the Injury. Notify your employer about your injury as soon as possible. You must report the injury within seven days to avoid delays or denial of your claim.
2. Seek Medical Treatment. Get medical attention immediately. Inform the medical provider that your injury is work-related so they can properly document it.
3. File a Claim Form. Your employer should provide you with a C-4 form. Complete the form and return it to your employer to officially start the claims process.
4. Follow Up. Stay in contact with your employer to ensure that your claim is being processed and that you receive the benefits you are entitled to.

For help filing a claim or appealing a denied claim, reach out to our Las Vegas workers’ comp lawyers for assistance.