Getting an injury in the workplace can be scary and frustrating, especially when you are unsure what to do next or how to pay for your medical care. Knowing the next steps to take after getting a workplace injury will have a direct impact on your financial burden in the days following the incident.
Always report your injury to a supervisor or employer immediately after it happens. They will need information like the date and time of injury, any witnesses or other employees involved, and what exactly happened, in order to file a complete report. Your supervisor can also assist with calling emergency services if needed.
Whether you feel it is necessary or not, seek medical attention as soon as possible following the injury. Be sure the medical provider is covered by your employer’s insurance company. A thorough medical evaluation and treatment plan report play a vital role in your workers’ compensation claim as you seek a settlement.
Most personal injury lawyers in Carson City offer a completely free initial case consultation where you can discuss the details of your situation and learn about the legal options available to you, with no pressure to hire services or make a hasty decision. A lawyer can help you through the process of filling a claim.
Following the correct process when filing claims is vital to the outcome of your case. Form C-1 and C-4 provide authorization for medical treatment and examination, and must be completed by your employer and health care provider in a timely manner. Let our Carson City workmans’ comp lawyers help you compete and file the forms correctly.
Sometimes, workmans’ compensation claims are denied, which means that the claim cannot proceed further until action is taken. Your physician must complete the forms within 3 days of providing treatment. If the claim is denied, you will need the guidance of an experienced Carson City workers’ compensation law firm to ensure you still get the settlement you deserve.
When you find an experienced law firm like Benson & Bingham Accident Injury Lawyers, LLC, to negotiate on your behalf and fight the battle with insurance companies, you will be free to rest and recover from your injuries without the added stress of handling a legal battle and getting less than you deserve.
It is wise to seek expert guidance and legal counsel when navigating workers’ compensation claims. At Benson & Bingham, we are dedicated to protecting your rights and ensuring you get the compensation you deserve. Schedule a free consultation with our personal injury attorneys near you in Carson City and learn more about how we can help you get maximum compensation for your workplace injury.
Many people do not realize that workmans’ compensation claims cover more than just their current medical expenses. Claims generally include coverage for lost wages and time off work, future treatment relating to the injury, rehabilitation expenses, pain and suffering, and so much more. Working with a licensed compensation attorney in Carson City is the best way to ensure you get maximum compensation.
All costs for medical treatment for your injury, from the time it occurred to date, are covered under your workers’ compensation claim. This includes emergency services needed at the scene, the initial medical evaluation and treatment, and any ongoing medical care you are currently receiving.
Your workers’ comp settlement will also include coverage for any future medical treatment needed relating to your injury. This includes physical therapy, counseling, rehabilitation care, subsequent surgeries and follow-ups, and more. That is why a full medical evaluation is necessary as soon as possible following the injury, so your lawyer can negotiate the right settlement amount for you.
When an injury is suffered in the workplace, the individual may be entitled to temporary partial disability or temporary total disability compensation. This essentially means that they are unable to return to work in any capacity until they have fully healed from their injuries, so they will receive regular weekly payments until that time.
Permanent partial disability payments are based on a scale where a doctor assigns a certain percentage of ability to the affected body part after it has healed to the best of its ability. This percentage determines how much the individual is still able to work, and what payments they are entitled to receive to fill the gap.
In cases where the individual is no longer able to work at all due to their injuries, such as if they lost a limb or lost their eyesight in a workplace incident, the attorney can negotiate for a permanent total disability settlement. This is a lifelong payout to the individual to help cover the financial loss.
If someone has died as the direct result of a workplace injury, their loved ones could be entitled to compensation. While the financial recompense will never bring their loved one back or make up for the loss, it can help ease the financial stress of transitioning to life without them.
As a five-star law firm serving the state of Nevada, Benson & Bingham Accident Injury Lawyers is an excellent resource no matter what type of personal injury you are facing. We are equipped to negotiate maximum compensation settlements for clients facing injuries from medical malpractice, dog bites, the workplace, casino accidents, slip and fall, defective products, and more. As experienced Carson City accidental injury lawyers, Benson & Bingham is ready to fight passionately on your behalf no matter how complicated your case may be. Click below to learn more about our incredible team of attorneys!Meet the Attorneys
Over the past 20 years, Benson & Bingham has successfully recovered over $500 million in damages for clients facing personal injury in a variety of incidents. We fight passionately and protect your rights from start to finish!
Our Carson City personal injury law firm has successfully helped a client recover $550,000.00 in damages from a casino accident and resulting injury. Give us a call today to learn more about how we fight for you!
Benson & Bingham recently helped a client recover $165,000 in a settlement after they were injured in a forklift accident. We help our clients file the claim and communicate clearly through the entire process.
With a variety of convenient locations throughout Nevada, Benson & Bingham makes it easy to schedule a consultation and seek legal counsel. We are readily available, 24/7, with the ability to apply Nevada law in a way that best suits your case. Give our Carson City worker’s comp attorneys a call today to get started with the process!
When facing injury and extensive recovery, it can be extremely difficult to understand the process for filing a legal claim for compensation and finding the right forms. Whether you are facing an emergency surgery or your family is facing the sudden, wrongful death of a loved one, you deserve to have a skilled lawyer fighting on your behalf. Our Carson City wrongful death attorneys at Benson & Bingham are ready to handle every aspect with ease.
One of the greatest benefits to filing a workers’ compensation claim in Nevada is that the law considers the process to be a no-fault system. This means that the injured victim does not need to prove fault in order to receive compensation. Instead, they must simply make sure the correct forms are filed and the process is done correctly.
According to the state of Nevada, workplace injuries must be reported within 7 days of their occurrence. Your doctor must sign off on the treatment through a specific form within 3 days of your initial evaluation, and that form must be turned in within 90 days of the injury in order to be considered for compensation.
Even after receiving injury in the workplace, you are legally entitled to return to the same position and wage if you so desire. Your workers’ compensation settlement is dependent on your ability to return to work, so if you choose not to return, you may not continue receiving the weekly benefit check. Consult with your lawyer to learn more!
A worker may slip and fall for any number of reasons in their workplace, including a slippery floor that is left unmarked, loose carpeting, rough transitions, poor maintenance, potholes in the parking lot, and more. you are entitled to coverage for your ambulance ride, emergency room visit, hospital stay, X-rays, surgery, and prescription medication.
Crushed limbs and broken bones can occur from slip and fall incidents, dog bite injuries, medical malpractice, taxi and Uber collisions, and more. Workers are entitled to receive maximum compensation when a taxi accident injury requires extensive recovery or causes a permanent disability requiring treatment and care indefinitely.
Employees are often injured in kitchen-related incidents, hotel and casino-related accidents, or construction site issues, which can lead to severe lacerations or complete amputations. Contact a lawyer to file a claim for compensation and lost wages! Consult with a lawyer for treatment from a specialist who can help injured individuals regain functions lost from an injury, as well as assistive devices, such as wheelchairs, crutches, walkers, canes, and prosthetic limbs.
Whether the spinal cord is injured through a slip and fall, vehicle accident, crushing injury, improper equipment and safety gear, or another incident, it can cause lifelong issues and paralysis. Compensation includes coverage for missing work from the taxi accident, hospitalization, treatment, and recovery.
Due to the growing population of vehicle traffic and pedestrians, traumatic brain injuries are extremely common. Lifelong difficulty can occur for the victim, when a catastrophic injury prevents a taxi accident victim from returning to his or her job or seeking gainful employment
Burns and scalds are commonly seen in the food industry and can occur from hot cooking oil, boiling water, spilled coffee, electrical shock, and other concerns. You are entitled to a settlement for your injuries!
Employees are entitled to compensation even for minor injuries such as sprains or strains, if they occur in the workplace, whether they are the result of a slip and fall, working long hours, or being in a collision.
Workers’ compensation is a complex legal process that carries many misconceptions. Browse our FAQs below and be sure to give us a call with any further questions!
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.
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