Top-Rated Las Vegas Workers’ Compensation Lawyers

The exact amount of compensation you are entitled to receive for your injuries varies greatly. The average workers’ compensation settlement ranges between $2000 and $40,000, but each case carries unique factors and circumstances that determine exactly how much the injured employee is eligible to receive. With a reputable Las Vegas workers’ comp attorney on your side, you have the best chance at maximum compensation.

Workers’ compensation insurance in Las Vegas covers employees regardless of who bears fault for a work-related injury or illness. When it comes to filing for workers’ compensation, who caused the accident generally does not factor into the equation. If you suffered injuries at work, your employer bears liability for those injuries in most cases. Workers’ comp is a fault-free system and doesn’t decrease compensation based on liability. The trade-off for this blanket protection is that employers generally receive immunity from some economic damages, like pain and suffering.

Usually, workers’ compensation claims are the exclusive remedy to the injured party. This means that the system is the only way compensation may be awarded. No other remedy at law exists to make a person whole. Because of this system, clients may be limited in the ultimate recovery, but there are ways to increase values on claims. Patients are often “rated” and this rating is used to evaluate the ultimate recovery. Navigating this system is not as easy as it seems, and there are ways to increase values based upon treatment and diagnosis options that clients often overlook or fail to explore. Thus, it is key to get a skilled Las Vegas workers’ compensation attorney on your side.

In some rare exceptions, typically when an employer fails to purchase workers’ comp insurance or retaliates against an employee for filing a workers’ comp claim, the employee can take legal action against the employer for damages.

If the workers’ comp insurance company delays, denies or reduces your claim, you might consider filing suit against it to provide the coverage you deserve.

Often, we find that workers’ compensation merges with a 3rd party or personal injury claim where both cases can be simultaneously pursued. A consultation with our firm is important to distinguish when this should be done. Additionally, if we are working with an out-of-state victim who was working in Nevada during the injury, Benson & Bingham Accident Injury Lawyers, LLC can work with a workers’ compensation attorney in your home state, if desired. Often we handle cases for flight attendants, electricians, and other workers who may have an accident or incident while on the job, but someone else is liable for their injuries.

During the workers’ comp appeal hearing, you will present your case to the judge. They will hear your story and consider a variety of other factors to evaluate whether you are telling the truth and deserve compensation. It is important to be polite, truthful, and respectful throughout the duration of the hearing. You should also invest in a personal injury lawyer to ensure your rights are accurately represented.

Every private employer in Las Vegas and throughout the state must carry state-mandated Workers’ Compensation insurance. However many potential clients injured on the job begin their search online for a Workers’ Compensation attorney and inadvertently divulge private information to either an out-of-state law firm or lead generating firm only to have that out-of-state entity refer their case to a local Las Vegas attorney. While they may make claims of having attorneys on staff, most are not members of the Nevada State Bar and cannot represent you with your claim. To practice law in Nevada you must be licensed in Nevada!

Workers’ Compensation timelines and nuances differ from state to state. An employee who is injured on the job must abide by the governing statutes enacted by the state. Further, your treating provider or doctor must be an approved Workers’ Compensation provider. At Benson & Bingham Accident Injury Lawyers, LLC, we are intimately familiar with the stringent guidelines surrounding Workers’ Compensation injuries in Las Vegas. We have identified and are well aware of approved providers and their tendencies to provide favorable or unfavorable recommendations for injured workers. An out-of-state attorney will have a difficult time identifying or naming any of the approved doctors in the area. At the inception of your case, we can assist you to get the most out of your work injury.

It should not be difficult for Las Vegas workers to obtain workers’ comp benefits. Unfortunately, sometimes it is. Employers and their insurance carriers sometimes deny perfectly valid workers’ compensation claims to avoid paying benefits to injured or sick workers.

A Las Vegas workers’ compensation attorney helps workers struggling with a job-related injury or illness obtain the benefits and compensation they deserve. Some ways an experienced Las Vegas workers’ compensation attorney can help include:

• Investigating an injury or illness: Workers’ comp lawyers often investigate the accident or events that led to a worker’s injury or illness, to uncover the facts and evidence supporting a workers’ claim to benefits. This can include getting police reports, medical records, and statements from expert witnesses. An employer will often require employees to go to a specific doctor for care, but an attorney can often set a client up with a medical exam with an independent doctor, too, for a second opinion. Additionally, a skilled attorney may gather information about hazardous conditions and poor practices at a workplace to help show that work-related duties caused the injury or illness.
• Negotiating with insurance companies: Workers’ compensation lawyers understand our state laws and how to deal with the questionable tactics and excuses that some workers’ comp insurance carriers use to deny claims. Lawyers are trained negotiators who know how to maximize an employee’s chances of receiving benefits and compensation. Insurance companies often avoid playing games when they know a sick or injured Las Vegas worker has an experienced attorney on board.
• Representing workers in appeals: The law provides for an administrative appeal for workers to challenge the denial of a workers’ comp claim. Appeals typically involve preparing written submissions and attending administrative hearings. Although the state Department of Industrial Relations claims workers do not necessarily need attorneys to help them with appeals, workers run a high risk of losing out on benefits if they go without legal representation in the appeal process.
• Litigating a case in court, if necessary: Experienced workers’ comp attorneys know when and how to take an injured or sick worker’s case to courts, to force insurance companies or third parties to pay the compensation workers need to put their lives back on track.

If your workmans’ comp claim is denied, you still have a variety of options available to you. Your first step should be to consult with an attorney immediately, so they can speak with the insurer who denied your claim and uncover more information. Your lawyer will help you file an appeal within 30 days of receiving your denial letter, and will assist in gathering all the necessary documentation for your upcoming hearing.

While each law firm and attorney carries their own specific policies, you can typically expect to pay your lawyer between 15%-25% of your total settlement amount. For example, if you are awarded $40,000 in damages, your attorney could receive $6,000-$10,000 of that amount. It is important to communicate clearly with your lawyer so you know exactly what to expect.

If you have been injured on the job and your employer does not carry workmans’ comp insurance, it is vital to contact an experienced lawyer right away. They will work diligently to negotiate the financial settlement you deserve, whether through the workers’ comp legal system or otherwise. Your lawyer will also ensure your personal rights are thoroughly represented, so that you can rest and recover from your injuries without stress.

Filing a workmans’ comp claim independently is a risky move. With a lawyer on your side, you will be able to recover from your injury while they develop medical evidence to prove your claim, negotiate a settlement with your employer’s insurer, and represent you at the court hearing. An experienced attorney will ensure your legal rights are protected and represented.

People often assume that they will receive workers’ compensation automatically when they suffer an injury while at work. In some cases, the insurance company may automatically issue those much-needed payments. In other cases, however, you may struggle to get the help and compensation that you need. For example, the insurance company may:

• Dispute the severity of your injuries: In some cases, the insurance company may attempt to prove that your injuries are less severe than you claim or that you had preexisting injuries separate from your workplace accident. Many insurance companies will allege that you have pre-existing degenerative issues that are the cause of your injuries, even though you never had any prior symptoms of pain before your injury. The insurance company may have doctors on its payroll who downplay the severity of your injuries or try to push you to return to work sooner than you feel physically able after your injury.
• Attempt to change the conditions of your return to work: Your doctor may decide that you can return to “light duty” work, but your employer’s definition of “light duty” may differ from your doctor’s.
• Push you to return to work, denying you your benefits: You should return to work as soon as you feel ready, but not before then. In some cases, however, the insurance company may push you to return to work too early which sometimes results in further injury. You also may return to work on light duty which results in a decrease in salary as well as the amount of compensation that they must pay you.

Our Las Vegas workers’ compensation attorneys know how to fight insurance companies and help our injured clients obtain the benefits they need. We can protect you from being forced back into the workforce or from losing your job due to injury. We can even ensure that your employer is following all guidelines for helping you return to work. Call us today to see what we can do for you after a workplace injury.

Providing your employer with notice of an injury is extremely important. Nevada law requires that you put your employer on notice of an injury within 7 days of your injury pursuant to NRS 616C.015. Your employer should provide you with a C-1 Form (Notice of Injury or Occupational Disease – Incident Report).

In order to actually open a claim for workers’ compensation, you must complete the C-4 Form (Employee’s Claim for Compensation/Report of Initial Treatment). The injured worker completes the top portion of the C-4 Form and a medical provider will complete the bottom half of the C-4 Form. Of importance, is you only have 90 days from the date of injury or knowledge of the onset of an occupational disease to file the C-4 Form.

By law, the insurance company has 30 days after receiving the C-4 Form to make a determination as to accept or deny a claim. A claim determination letter will be sent to you in the mail with appeal rights. However, many times the claim determination letter does not include all of the body parts injured as accepted body parts. This can be an issue in the future when it comes to medical treatment authorization, which is why it is important to hire an attorney immediately so that all of the injured workers’ rights can be preserved.

When an injured worker is taken off of work for work related injuries, often times this puts a financial strain on the injured worker. If an injured worker is completely taken off of work and the claim has been accepted, temporary total disability benefits (TTD) will be paid to the injured worker. However, the TTD rate is only 66 2/3 of the injured worker’s average monthly wage.

When an injured worker is taken off of work with modified/light duty restrictions and the employer is not able to accommodate the work restrictions, then TTD benefits will be issued. However, if the employer is able to accommodate the work restrictions, then the injured worker will be returned to work.

Sometimes when an injured worker is accommodated, the rate of pay of the job offered is lower than the TTD rate. If this is the case, the injured worker would be entitled to temporary partial disability (TPD) benefits.

Often times injured workers are sent to a quick care for medical treatment and do not receive the care and attention that is needed. Unfortunately, an injured worker cannot treat with any physician that s/he wants to. The injured worker must treat with a physician from a list of approved network providers from the insurance company. However, knowing which physician to choose is crucial to the medical treatment of the injured worker. An experienced attorney is knowledgeable when it comes to selecting a physician that is focused on patient care.

The purpose of the workers’ compensation system is to get the injured worker back to where s/he was at before the injury. However, more often than not, injured workers are faced with roadblocks by the insurance company when medical treatment or benefits are not being properly provided to the injured worker. Understand that it is not the insurance adjuster’s responsibility to advise an injured worker as to when to file an appeal. Many of the insurance companies just want to hurry up and close a claim even when the injured worker needs continued medical treatment in order to save costs.

It is important to hire an attorney immediately because an injured workers’ rights can be affected within the first few days of an injury. Hiring an experienced attorney will allow the injured worker to focus on his/her medical treatment and move forward in the recovery process while the attorney advocates for the rights of the injured worker. Call Benson & Bingham Accident Injury Lawyers, LLC now to preserve your rights!