Carson City Workers’ Compensation Lawyer

In short, workers’ compensation is a legal system designed to provide partial medical care and income protection for employees who become ill or injured due to their job. Not every business is required to have workers’ compensation protection, as they have the opportunity to opt out of the benefit. Workers’ compensation provides coverage for medical expenses, lost wages due to time off work during recovery, rehabilitation costs, and pain and suffering that occur due to the injury received.

Coverage for workers’ comp is mandated by each state and is considered a social insurance because it relies on a social contract between management and labor. Not only does workers’ comp protect the employee financially, but it also protects business owners from being held liable to civil suits from their employees who are injured on the job.

There are many reasons behind a workers’ compensation claim being denied. The most commonly seen is that the proper deadlines are missed due to late filing of paperwork or clerical errors. Though these are seemingly insignificant issues, they have a direct effect on the outcome of the settlement. In some cases, an employee may delay notifying their employer of an injury received, which can lead to their claim being rejected as well.

If a workers’ compensation claim is denied, the employee has the opportunity to appeal the decision through a denial letter. It is wise to consult with a competent lawyer for the appeal process, to ensure nothing is missed and the process is completed properly.

Both workers’ compensation claims and personal injury claims are focused on recovering the maximum amount of compensation for the injured victim, but they are actually two different types of claims and carry a significant difference. Personal injury claims are based on identifying which party is most at fault for causing the injury, which ultimately determines who is held liable to pay and what the settlement amount will be.

Workers’ compensation claims fall under the no-fault category, according to Nevada law. Nobody is considered to be at fault in a workers’ comp claim, so the defendant has no need to prove guilt in their case as it is not relevant and has no bearing on the outcome. The settlement is typically processed more quickly than personal injury claims, as a result.

When a workers’ compensation claim is denied, the employee has the opportunity to appeal the denial. It is important the appeal process is completed correctly with no flaws, which will be much simpler with a workers’ compensation attorney by your side.

During the appeal process, you will be expected to present your case to the judge. The judge will determine if you are telling the accurate truth, so it is important to be polite and respectful. Do not exaggerate the information, but present it accurately and thoroughly. It is important to look clean and well-dressed. The workers’ comp appeal hearing will likely take a few hours, but complex claims can take up to several days. Be sure to bring any medication or items you need for pain relief from your injury, and always consult directly with your lawyer to learn more about what to expect during your process.

No! It is a common misconception that workers’ compensation coverage is designed only for current medical expenses relating to the injury. In reality, there is so much more to the compensation system. Depending on the details of your case, you could be eligible to receive financial recompense for your lost wages from time off work, future medical expenses including follow-up surgeries, rehabilitation care, physical therapy, counseling, and medication.

If your injuries are severe enough, you could be entitled to partial or total disability payments to make up for the financial burden you may experience from not being able to work in the same capacity.

There are many reasons a workers’ compensation claim may be denied. If the employee delayed communicating the incident to their employer, or if the paperwork was filed late or incorrectly, the claim may be denied. Fortunately, just because a claim is denied does not mean you are out of luck! Instead, you have the opportunity to file an appeal to make your claim active again.

If you are not already working with a competent attorney, it is vital to the outcome of your case to hire one after your claim is denied. The appeals process must be completed thoroughly and correctly if you want your claim to be re-opened. Consult with an attorney about your next steps regarding a workers’ compensation claim denial.

As with all legal cases, you can expect to pay your attorney a portion of your settlement earnings as their fee. While each law firm is unique, you can typically expect to pay about 20% of your total settlement amount to your lawyer, after the claim is processed and the case is closed. Most lawyers work on a contingency basis, which means that if the claim is ultimately denied and no settlement amount is received, you will not owe a single penny.

Remember that most lawyers offer a free case consultation to determine the validity of your case before you choose to hire legal services. At Benson & Bingham, we will never price gouge you or take advantage of your situation. Instead, we work diligently to help you receive the highest possible settlement, and we proudly offer a variety of flexible payment plans to our clients.

Yes. While it is in your best interest to file a workmans’ compensation claim as soon as possible following the incident, sometimes circumstances prevent that from happening. The statute of limitations for workers’ comp claims is two years, but that time frame is based on which date is later – the date of your injury or the date of your last payment. The law requires workers to give a notice of their accident, injury, or illness within 30 days after it has occurred, and if other injuries or complications arise afterward as a result of the initial injury, it must be filed within that two year limitation.

Always consult with an experienced workers’ compensation law firm to discuss the details of your unique situation and learn what legal options are available to help.

As a general rule of thumb, employers are not obligated to offer light duty work to their employees who are seeking to return to work after an injury. The law does not require the employee to go back to work if they do not feel ready or if their doctor has determined they are not ready. Even if the employer offers a light-duty option, the employee gets to decide if they want to take advantage of the opportunity.

If your employer is not offering light duty work and you are unable to return in full capacity, you could be entitled to receive temporary total disability payments. Your attorney will weigh all the factors in your case as they negotiate for maximum compensation on your behalf.

Employees are not required to hire a workers’ compensation lawyer if they want to file a claim for an injury or illness received at work. However, the workers’ compensation process is somewhat complex and each step must be completed correctly in order for the claim to be processed. If you are recovering from an extensive injury received in the workplace, it is in your best interest to hire an attorney who is able to handle the legal process on your behalf, while you rest and focus on recuperation.

If you file a claim on your own and it is denied, you will need to hire an attorney to represent your case in order to have the best chance at receiving any compensation for your injury.