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Navigating the intricacies of workers’ compensation claims in Las Vegas can be daunting, especially for those dealing with work-related injuries or illnesses. Our dedicated team of expert workers’ comp lawyers understands the challenges injured employees face and is well-equipped to handle the complexities of filing claims. We ensure that all necessary requirements are met to increase the chances of a successful claim, providing much-needed support during difficult times.
In Las Vegas, many workers struggle to secure the compensation they deserve following an accident or dangerous condition at work. Over 20 years, our Vegas accident attorneys have helped injured and sick workers obtain the funds needed to cover medical bills and lost income. We are committed to fighting for your rights, ensuring you receive just compensation from workers’ comp and other sources. Contact us today to learn more about how we can assist you.
Joseph L. Benson II, Esq., a prominent member of Benson & Bingham Accident Injury Lawyers, LLC, is highly regarded for his expertise in handling complex workers’ compensation cases. Drawing inspiration from his father’s legacy in personal injury law, Joseph adopts an all-inclusive approach to each case, addressing the unique needs of every client. His dedication ensures that clients receive personalized legal strategies aimed at achieving the best possible outcomes in workers’ compensation claims.
Ben J. Bingham, Esq. excels in building strong client relationships and effective communication, focusing on the intricate aspects of workers’ compensation law. His commitment to guiding clients through the complexities of their cases ensures they feel supported throughout the legal process. Ben’s detailed legal knowledge and compassionate approach make him a powerful ally in workers’ compensation litigation, providing clients with effective advocacy and personalized care.
Meet All Our Attorneys >Navigating workers’ compensation claims in Las Vegas can be complex, but understanding the key aspects is crucial for a successful outcome. The Las Vegas workers’ comp claims process begins when a workers’ comp insurance carrier receives a C-4 form (Employee’s Claim for Compensation/Report of Initial Treatment) from the physician who treats the injured or sick worker. The worker must partially complete that form at the first doctor visit for a workplace injury or illness—which also means that the worker must tell the doctor the injury or illness occurred in connection with work. The doctor fills out the rest and mails the form to the insurance company. By law, this must occur within 90 days of the worker sustaining the injury or within 90 days of the worker first noticing the health condition or illness. The employer’s workers’ compensation insurance carrier then has 30 days to accept or deny the claim.
Workers’ compensation in Nevada offers medical treatment, compensation, and retraining for injured workers without needing to prove fault, ensuring quick and efficient benefit access while protecting employers from liability lawsuits. However, this system is complex and fraught with potential pitfalls. Benefits cover a variety of past and future losses, with the amount depending on factors like injury severity and necessary medical care. It’s crucial for employees to report injuries or illnesses promptly, as delays can reduce the benefits they receive.
Nevada’s workers’ compensation laws require employers with at least one employee to provide insurance covering work-related injuries or illnesses. In a traditional personal injury case, most people seek to recover compensation for pain and suffering, along with other expenses associated with the accident. In a Las Vegas workers’ compensation case, however, you cannot seek compensation for pain and suffering or other non-economic damages. This insurance covers all past and future necessary medical treatment costs, including:
When dealing with a workplace injury, preparing for a workers’ compensation claim can greatly enhance your chances of success. To streamline the process and ensure you gather all necessary information, consider compiling the following documents before meeting with your attorney:
If you suffer an occupational injury in Las Vegas, follow these steps to ensure you get the workers’ compensation benefits you need:
Report Your Injury Promptly: Notify your employer immediately and complete a C-1 Form (Incident Report) while the details are fresh. Include the names of any witnesses and specifics about the accident. Capture photographs of the accident scene if possible. According to Nevada law, this form must be completed within seven days, but earlier reporting is beneficial.
Seek Medical Attention Right Away: Visit a hospital or medical provider as directed by your employer. If no direction is provided, seek medical care independently. For emergencies, go to any ER in Las Vegas. For non-emergencies, check if there’s a specific physician you must visit as per your employer’s insurance policy.
Complete the Necessary Paperwork: Bring a C-4 Form (Employee Claim for Compensation) to your doctor during your first visit. Your doctor will fill out their portion and submit it to the insurance company. Ensure this form is submitted within 90 days of the injury or the first notice of a work-related health condition.
Insurance Investigation: The insurance company has 30 days to investigate and decide on your claim after receiving the C-4 Form. Be proactive in following up.
Consult a Workers’ Compensation Attorney if Needed: If your claim is denied or delayed, consult a Las Vegas workers’ compensation attorney promptly. They can guide you through the appeal process and ensure you meet all legal deadlines.
Timely Filing and Follow-up: Keep track of all forms and submissions to avoid missing any deadlines, which could jeopardize your claim.
By following these steps, you can streamline your workers’ compensation claim process in Las Vegas and increase the likelihood of receiving the benefits necessary for your recovery.
If your workers’ compensation claim was denied, it’s important to act promptly. First, review the denial letter to understand the reasons for the denial. Gather all relevant documentation, such as medical records and accident reports, to support your case. You have 70 days to appeal the letter denying your claim. Send the appeal to the Hearings Division. If the appeal is not received by the Hearings Division within the 70 days, you may lose your right to appeal (NRS 616C.315). File an appeal with the appropriate workers’ compensation board or agency within the specified time frame. There are two documents you must send to the Hearings Division: a copy of the denial letter itself and the Hearing Request Form. Fill out, date, and sign the form. You can get the form to request a hearing by clicking this Hearing Request Form link. Consulting with an experienced workers compensation attorney can be crucial at this stage. They can help you build a strong appeal, represent you at hearings, and increase your chances of a successful outcome.
In Nevada, following a workplace injury, you generally need to visit a doctor from your employer’s approved list to ensure your workers’ compensation claim is valid. If dissatisfied with the initial doctor, Nevada law (NRS 616C.090) allows you to request a switch to another approved physician. An injured worker has the right to transfer their care to another treating physician on the insurance company’s list within 90 days of the date of injury. There may be instances where the right to an Independent Medical Examination may be invoked. For emergency treatment, you can go to the nearest ER, but make sure the injury is noted as work-related. Clear communication with your employer and their insurance carrier is crucial, and consulting a workers’ compensation attorney can help you navigate the process effectively.
At Benson & Bingham, we prioritize your recovery and rights. Our seasoned attorneys offer support and top-notch representation from start to finish. We handle every aspect, from initial consultations to courtroom battles, ensuring you receive fair compensation for workplace injuries. Our personalized approach means constant communication and tailored strategies, so you never feel alone in the process. Whether it’s navigating insurance claims or pursuing legal action, we’re dedicated to your well-being and future. Trust Benson & Bingham to fight for you and secure the justice and compensation you deserve. Schedule a free consultation today.
With over $500 million successfully claimed for our clients, our law firm has a proven track record of excellence in handling workplace injury cases. Our dedicated team of experienced attorneys is committed to fighting for the maximum compensation you deserve.
Experience direct access to our attorneys, who provide immediate and personalized legal guidance tailored to your specific needs without any middleman or delays. Our team is committed to offering prompt, effective support, ensuring you receive the attention and expertise required to navigate your workers’ compensation claim.
Our “We Win or You Don’t Pay” policy means your financial security is our priority. With us, there’s no risk: if we don’t secure compensation for you, you owe us nothing. Trust our experienced team to fight tirelessly for your rights and ensure you receive the support you deserve. Contact us today to schedule your free consultation and let us advocate for your recovery without any upfront costs.
At Benson & Bingham, we recognize that every workers’ compensation case is unique. Our customized approach ensures that each client receives tailored strategies and dedicated attention. From initial consultation to final resolution, we meticulously handle every detail, addressing your specific needs and concerns. Our personalized service guarantees that you are fully supported and informed throughout the process, ensuring the best possible outcome for your case. Schedule a free consultation today to experience our bespoke legal services.
Our clients consistently rate us 5 stars for our exceptional service and results. We are proud to be Las Vegas’ top-rated workplace injury law firm, dedicated to securing your rightful compensation.
I suggest using Benson & Bingham if you’re in need of an injury accident attorney! They have an amazing staff and made the entire process easy and stress free handling my case with compassion and a remedy of great efficacy!
I picked this place and I’m so glad that I did. Ida was very helpful and professional. If I had questions they were answered. I would definitely use them again in the future and I would definitely recommend them to anyone. Thank you for your service I appreciate it.
What I love about Benson & Bingham, especially from my attorney, Lina, I felt informed and cared for my health. She made sure I was ok at all times through my injury. I hate I had the accident, but it was comforting to know I was well taken care of.
Workers’ compensation payments in Nevada are calculated based on several factors. Medical expenses, including doctor visits and surgeries, are fully covered. Temporary Total Disability (TTD) benefits amount to 66.67% of your average monthly wage, subject to state limits, until you can return to work. Permanent Partial Disability (PPD) benefits depend on the degree of impairment, while Permanent Total Disability (PTD) benefits also provide 66.67% of your wage, typically for life. Death benefits include funeral costs and a portion of the deceased’s wage for dependents. Vocational rehabilitation may also be provided for retraining.
The amount of a typical workers’ compensation settlement varies widely based on the nature and severity of the injury, medical expenses, lost wages, and the degree of permanent disability. Settlements can range from a few thousand dollars for minor injuries to much higher amounts for severe, long-term impairments. Each case is unique, and our experienced attorneys can help you understand what to expect based on your specific circumstances, ensuring you receive a fair and adequate settlement.
In Las Vegas, your employer is generally responsible for your work accident through their workers’ compensation insurance. This coverage is designed to provide benefits for medical expenses, lost wages, and rehabilitation costs, regardless of fault. However, if a third party contributed to your injury, you might have grounds for a separate personal injury claim. Our experienced attorneys can help you navigate both workers’ compensation and potential third-party claims to ensure you receive the full benefits and compensation you deserve.
At a workers’ comp appeal hearing, you can expect a formal review of your claim by an administrative law judge. Both you and your employer will have the opportunity to present evidence, including medical records, witness testimonies, and any other relevant documentation. The judge will ask questions to clarify the details of your case. It’s important to have legal representation to ensure your rights are protected and to effectively present your case.
While it’s not mandatory to have a lawyer to file a workers’ compensation claim, having one can significantly improve your chances of a successful outcome. Workers’ compensation laws can be complex, and an experienced attorney can help you navigate the process, ensure all paperwork is correctly filed, and advocate for your rights. They can also represent you in case of disputes or appeals, helping you secure the maximum benefits you are entitled to. Our skilled injury attorneys are here to provide the guidance and support you need throughout your claim.
At Benson & Bingham, our Las Vegas workers’ compensation lawyers work on a contingency fee basis. This means our clients don’t pay anything unless we win their case and collect money for them. We do this because we believe that everyone deserves justice, regardless of their financial situation. When you hire us, you receive the full benefit of our experience and legal power to secure the highest possible settlement or verdict. We focus on maximizing your compensation while you concentrate on your recovery. Let us handle your case and alleviate the financial burdens during this challenging time.
If your employer does not have workers’ compensation insurance, you still have options to seek compensation for your injuries. In Nevada, employers are legally required to carry workers’ compensation insurance, and failing to do so can result in penalties. You can file a claim with the Nevada Uninsured Employers’ Claim Account (UECA), which provides benefits to injured workers whose employers lack coverage. Additionally, you may have the option to file a personal injury lawsuit against your employer. Our experienced attorneys can help you navigate these alternatives, ensuring you receive the benefits and compensation you deserve despite your employer’s lack of insurance.
Several factors can contribute to delays in determining whether your workers’ compensation claim has been accepted. Common reasons include incomplete or missing documentation, ongoing investigations into the incident, or disputes about the extent of your injuries or their work-related nature. Additionally, high caseloads within the insurance company or workers’ compensation board can slow down the process. To expedite your claim, ensure that all required documents and information are submitted promptly and accurately. Our experienced attorneys can help you navigate these delays, communicate with the involved parties, help you understand the workers comp timeline, and advocate on your behalf, ensuring your workers’ compensation claim is filed correctly and any delay is addressed efficiently and promptly.
Yes, if you are off work due to an injury during the job, you may be entitled to receive workers’ compensation benefits, which typically include a portion of your lost wages. These benefits usually cover a percentage of your average weekly earnings, helping to replace income during your recovery period. The specific amount and duration of these payments depend on the severity of your injury and your state’s workers’ compensation laws. Our experienced attorneys can help ensure you receive the appropriate benefits and support while you are unable to work due to your injury.
The Recipe is Simple. Hard Work Delivers Outstanding Results
With a proven track record of over $500 million successfully claimed for our clients, our law firm excels in handling workplace injury cases. Our dedicated team of experienced attorneys is committed to securing the maximum compensation you deserve.
In one case, we achieved a substantial $295,000 settlement for a client involved in a casino construction accident. This settlement ensured our client received the necessary compensation to cover medical expenses, lost income, and other damages resulting from the accident.
In one case, we secured a significant $265,000 settlement for a client involved in a forklift accident. Our dedication to advocating for our clients ensures that they receive the compensation they deserve, no matter how challenging the case may be.
Slip and fall accidents accounted for nearly 15.7% of construction site accidents in 2022, according to the Occupational Safety and Health Administration. If you’ve experienced such an incident at work, you may be able to sue your employer for a slip and fall accident. it’s crucial to report it immediately, seek medical attention, and document the incident thoroughly. Our expert attorneys can help you navigate the workers’ compensation claim process, ensuring you receive the benefits you’re entitled to.
Electrocution accidents in the workplace can occur in various ways, often due to unsafe working conditions or equipment malfunctions. Some examples of workplace electrocution accidents are contact with overhead power lines, improper grounding, exposed electrical parts, wiring errors, and more. Our skilled attorneys are ready to assist you through the workers’ compensation process, ensuring you get the compensation you deserve.
Heavy machinery injuries in the workplace can be severe, often resulting from improper use, equipment malfunctions, or inadequate safety measures. Common examples include crushing injuries, amputations, and fractures caused by forklifts, cranes, and other heavy equipment. Ensuring proper training and adherence to safety protocols is crucial to prevent such incidents.
Hotel and casino workers face unique risks due to the demanding and fast-paced environment. Common injuries include slips and falls on wet floors, carpets, and around pools, as well as repetitive strain injuries from tasks like housekeeping and maintenance. Exposure to hazardous substances and injuries from handling heavy objects are also prevalent. Dealing with unruly patrons can lead to physical harm, making safety protocols essential for protecting workers.
Construction site injuries are often severe due to the hazardous nature of the work environment. Common injuries include falls from scaffolding, ladders, or roofs; being struck by falling objects; and accidents involving heavy machinery like forklifts and cranes. Additionally, workers may suffer from brain injury, spinal cord injuries, and exposure to harmful substances like asbestos. Proper safety training and adherence to safety protocols are crucial to prevent these incidents and protect workers from serious harm. Our Vegas Construction accident lawyers can help you obtain justice for any construction-related incident.
Burn and scald injuries in the workplace can result from various hazards, including exposure to hot surfaces, steam, chemicals, and electrical sources. Common causes include contact with boiling liquids, malfunctioning equipment, and improper handling of hazardous materials. These injuries can cause severe pain, long-term damage, and require extensive medical treatment. It’s crucial to follow safety protocols and use protective equipment to minimize the risk of burns and scalds in the workplace.
Roadway incidents involving motorized land vehicles occur when an employee is involved in an accident while driving a car, truck, or any other motor vehicle as part of their job duties. This includes any travel required by your employer, such as deliveries, business trips, or commuting between job sites. If you are injured in such an incident, it is considered a work-related accident, and you may be eligible for workers’ compensation benefits.
Contact with hazardous substances or forever chemicals at work can result in serious injuries or illnesses, including burns, respiratory issues, and long-term health problems. Common scenarios include spills, leaks, and improper handling of toxic materials. Promptly reporting the incident, seeking immediate medical attention, and documenting exposure details are crucial steps. Adhering to safety protocols and using appropriate protective equipment can help prevent these dangerous exposures.
Assault and battery cases in the workplace can lead to severe physical and emotional trauma for employees. These incidents might arise from altercations with coworkers, customers, or other individuals. Workers’ compensation can provide benefits to cover medical expenses, lost wages, and rehabilitation for injuries sustained from such incidents. It’s important to report any assault immediately and document all details thoroughly to support your workers’ compensation claim and ensure you receive the necessary support for recovery.