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How to File a Workers’ Comp Claim in Nevada

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Posted By DAM Firm | August 12 2024 | Nevada, Workers' Compensation

Sustaining a work injury is more than just a nuisance. Injuries can significantly affect your day-to-day life, not to mention your ability to continue to pay your bills. If you have been injured at work in Nevada, then you need to know how to file a workers’ compensation claim, and you need to do so as quickly as possible. Any delay or hesitation on your part could significantly jeopardize your ability to recover compensation for your losses.

Below is a step-by-step process for filing a workers’ comp claim in Nevada.

How to File a Workers’ Comp Claim in Nevada

Step 1: Report Your Injury Immediately

The first and most crucial step is to report your injury to your employer as soon as it happens. In Nevada, you must notify your employer about your injury within seven days of the incident. This can be done orally or in writing. Prompt reporting ensures that your employer can take the necessary steps to document the incident and begin the workers’ compensation process.

Step 2: Seek Medical Attention

After reporting your injury to your employer, seek medical care right away. Depending on the severity of your injury (or multiple injuries), this may involve visiting your primary care physician or going to the emergency room. Inform the medical provider that your injury is work-related.

Step 3: Complete the Notice of Injury or Occupational Disease (Form C-1)

Within seven days of your injury, you must complete a Notice of Injury or Occupational Disease (Form C-1) and provide it to your employer. This form serves as an official record of your injury and includes details such as the date, time, and nature of the injury, as well as how it occurred.

Step 4: Fill Out the Employee’s Claim for Compensation (Form C-4)

When you seek medical treatment, your physician will provide you with an Employee’s Claim for Compensation (Form C-4). This form must be completed and submitted to your employer’s workers’ compensation insurance carrier within 90 days of the injury. Form C-4 includes detailed information about your injury, medical treatment, and the impact on your ability to work. Your doctor will complete a portion of this form as well, providing a medical assessment of your condition.

Step 5: Follow Up with Your Employer and Insurance Carrier

After submitting Form C-4, follow up with your employer and their workers’ comp carrier to ensure that your claim has been received and is being processed. It is essential to keep copies of all correspondence and documentation related to your injury and claim.

Step 6: Comply with Medical Treatment and Rehabilitation

It is critical to comply with all prescribed medical treatments and rehabilitation plans. Failure to follow medical advice can result in your workers’ compensation benefits being reduced or terminated. Attend all medical appointments and follow through with any physical therapy or other recommended treatments.

Step 7: Keep Detailed Records

Maintain detailed records of all medical treatments, expenses, and time off work related to your injury. This includes receipts for medical bills, prescriptions, and any other costs associated with your injury. Keeping thorough documentation will support your claim and help ensure you receive the compensation you deserve.

Step 8: Understand Your Benefits

Nevada workers’ compensation provides several types of benefits, including:

  • Medical Benefits. Coverage for all necessary and reasonable medical treatment related to your injury.
  • Temporary Total Disability (TTD). Payments made if you are unable to work for a certain period due to your injury.
  • Temporary Partial Disability (TPD). Payments made if you can work but only in a limited capacity, resulting in reduced earnings.
  • Permanent Partial Disability (PPD). Compensation if your injury results in a permanent impairment but you can still work in some capacity.
  • Permanent Total Disability (PTD). Benefits if your injury prevents you from ever returning to work.
  • Vocational Rehabilitation. Assistance with job training and placement if you cannot return to your previous job.

Step 9: Appeal if Necessary

If your workers’ compensation claim is denied, you have the right to appeal the decision. In Nevada, you must file an appeal within 70 days of receiving the denial. The appeals process involves a hearing before a Hearing Officer, and if necessary, further appeals to an Appeals Officer and potentially the courts. It is highly recommended to seek legal representation during the appeals process to improve your chances of a favorable outcome.

Step 10: Consult a Workers’ Comp Attorney

Navigating the workers’ compensation process can be complex and challenging. If you encounter any difficulties or have questions about your claim, it is advisable to consult with an experienced workers’ comp attorney in Las Vegas. An attorney can help you understand your rights, gather necessary documentation, and represent you in appeals or disputes with the insurance carrier.

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