What is workers’ compensation?

Workers’ compensation is a no-fault insurance program that provides benefits to employees who are injured on the job.

A workers’ compensation claim begins when a C-4 Form is submitted to the insurance company that an employer uses for workers’ compensation coverage. The injured worker will need to fill out the C-4 Form during the first visit with a medical provider treating for the work-related injury. In most instances, the C-4 Form must be fully completed within 90 days from the date of the injury.

What should I do if I am hurt on the job?

Inform your supervisor and complete the paperwork provided by your employer, including the Form C-1 (Notice of Occupational Disease (Incident Report)). If necessary, seek medical treatment and complete the paperwork provided by your medical provider, including the Form C-4 (Employer’s Claim for Compensation/Report of Initial Treatment)

Am I allowed to seek medical treatment from any doctor I want?

No. Employers, insurers, and third-party administrators may use a managed care organization (MCO), preferred provider organization (PPO), health maintenance organization (HMO), or the insurance company’s internal managed care unit. However, if you experience a serious injury, you should go to the nearest emergency room.

Is my employer required to provide workers’ compensation insurance?

Generally, if an employer has one or more employees, the employer must provide workers’ compensation insurance coverage.

I am a 1099 worker (independent contractor). Can I still file a workers’ compensation claim?

Although your employer may classify you as a 1099 worker for tax purposes, you still may be entitled to workers’ compensation benefits under Nevada law. If you were injured on the job, contact our office and speak to one of our experienced workers’ compensation attorneys to discuss your options.

What type of benefits are employees entitled to?

If you are injured on the job, you may be entitled to medical treatment, lost time compensation, permanent partial disability payments, partial total disability payments, vocational rehabilitation, dependent benefits in the event of the employee’s death, and other claims-related benefits or expenses.

What is Temporary Total Disability?

Temporary Total Disability, or TTD for short, is compensation that an injured worker may be entitled to in situations where your doctor has certified that you are unable to work for a period of at least 5 consecutive days, or 5 cumulative days in a 20-day period, or places restrictions on you that your employer does not accommodate.

What is Temporary Partial Disability?

Temporary Partial Disability (TPD) is compensation that an insurer may be paid to the injured worker if the wage the injured worker receives upon reemployment is less than the compensation for temporary total disability to which the injured worker is entitled. TPD can only be paid for a maximum of 24 months.

What is Permanent Partial Disability?

Permanent partial disability (PPD) is compensation paid to an injured worker when the injured worker’s medical condition is stable and there is an indication of a PPD as a result of the injury or occupational disease. The injured workers’ insurer must arrange for an evaluation within 30 days by a rating physician or chiropractic physician to determine the degree of the PPD. PPD awards depend on the date of the injury, the results of the PPD evaluation, as well as the injured workers’ age and wage.

What is Permanent Total Disability?

Permanent total disability (PTD) payments may be issued if the injured worker is medically certified by a treating physician or chiropractic physician as being permanently and totally disabled and has been granted PTD status by the insurer. Monthly PTD benefits may not exceed 66 2/3 percent of the injured worker’s average monthly wage and may be subject to reduction if the injured worker previously received a PPD award.

Are undocumented alien workers covered under Nevada’s workers’ compensation statutes?

Yes.

I received a written determination by the employer, insurer, or third-party administrator and disagree with their decision. Can I contest the determination?

Yes. If the injured worker disagrees with a written determination issued by the insurer or the insurer does not respond to the injured worker’s request, the injured worker may file an appeal and have a hearing before a Hearing Officer. If the injured worker further disagrees with the Hearing Officer decision, the injured worker may appeal the decision to an Appeals Officer. Appeal rights are subject to strict deadlines. Contact our office to assist you in navigating the hearing and appeals process.