Workplace injuries can unnecessarily complicate your life due to reduced income from missing work and to high medical expenses. In the state of Nevada, there is a workers’ compensation system to help compensate those who have been injured at work in Reno. Benefits may pay for your medical treatment expenses and even help you train for a new job if you cannot work the one you had. In some cases, the circumstances of your injury may complicate your claim, or you might have grounds to sue a third party. Learn how a personal injury lawyer in Reno can help you navigate your case and protect your legal rights.
Contact us at 844-977-1900 to find out how we can help you and schedule a free consultation.
What Is Workers’ Compensation?
Workers’ compensation is a system that protects both the interests of employees and companies. In an ideal world, the workers’ compensation system:
- Helps employees access benefits quickly if they are injured.
- Allows employees to receive medical treatment for their injuries.
- Trains employees at a new job if they cannot work their old one.
When filing a claim, you must fill out a form called a C-4 form, and have the medical provider sign and date it, within 90 days from the date of your injury or the date you first noticed the onset of an occupational disease. Then, your claim is either accepted or denied. Workers’ compensation can help an employee get access to vocational rehabilitation for future jobs if you must change your line of work because of an injury.
What Types of Benefits Are Available In Nevada’s Workers’ Compensation System?
In Nevada, there are several different types of benefits available. These range from wage replacement to vocational training. The different types of benefits include:
- Lost Wages Replacement: You can get access to temporary total disability (TTD) or temporary partial disability (respectively, a total replacement for your total wage or partial replacement if you can do a different job).
- Medical Benefits: The system will cover your medical treatment expenses. For non-emergency treatments, there might be a waiting period on your claim.
- Permanent Disability: Workers who cannot return to their jobs can receive permanent partial disability (PPD) or permanent total disability (PTD).
Additional benefits include vocational training and death benefits for the worker’s family. There are also death benefits available for a worker’s family if their workplace accident contributes to their death. In Nevada, the employer pays benefits to the employee for the rest of their life if the injury is permanent.
When Can You File a Suit When I’ve Been Injured at Work in Reno?
In Nevada, you cannot sue your employer for a workplace injury. There are a few exceptions to this rule:
- If the employer intentionally caused the injury (not the same as gross negligence).
- If the employer doesn’t carry workers’ compensation.
- You can sue a third party (such as a manufacturer of workplace equipment that caused your injury).
In Nevada, employees must pursue a workplace injury claim within the workers’ compensation system. In Baiguen v. Harrah’s Las Vegas, LLC, the plaintiff suffered a stroke at work. The case was summarily dismissed because of the exclusive remedy rule. In another case, Hansen v. Harrah’s, the plaintiff was injured at work and retaliatory fired. If you are fired for firing a worker’s compensation claim, you can file a lawsuit with an employer directly. Additional situations where you may be able to file a lawsuit include:
- Suing a manufacturer if you were injured by their equipment at work.
- Filing a claim against one of your company’s vendors whose actions led to your workplace injury
- Pursuing legal action against your employer if they intentionally caused you to get hurt.
You may consider filing a lawsuit against a third party to pursue costs that are not covered by your workers’ compensation, including:
- The portion of your lost wages that is not covered by your compensation claim.
- For non-economic damages.
- Expenses incurred during the time your workers’ compensation claim was denied.
Will My Workers’ Compensation Claim Be Denied?
Workers’ compensation is not always a fair system for employees. For example, the system might deny a claim for circumstances outside of the worker’s control, like:
- Pre-existing conditions: Insurers might deny a claim for a pre-existing condition.
- Administrative errors: Errors by the employer or insurer might result in a claim denial.
- IME: Sometimes, an independent medical examiner might dispute the findings of the worker’s physician, resulting in a claim denial.
There are other reasons that a claim might be denied. In 2018, about 6.9% of claims were denied nationwide. Over time, many claim denials turned into benefits after an appeal within twelve months. A personal injury lawyer can give you leverage and help reduce the risks of a denial when you file a workers’ compensation claim.
What Are the Most Common Workplace Injuries?
Common workplace injuries in Reno include:
- Slips, trips, and falls
- Sprains and strains
- Burns and electrocution injuries
- Internal bruising, disfiguring cuts, and bone fractures
- Environmental factors, like deafening noises or dangerous products
Economic Cost Estimates for Work-Related Deaths and Injuries
According to the National Safety Council (NSC), the latest total economic costs of work-related deaths and injuries from 2022 were estimated at $167.0 billion. This figure includes:
- $1,040 per worker
- $1,390,000 per death
- $40,000 per medically consulted injury
Knowing these economic costs for workplace accidents helps to increase public awareness and support for safety initiatives that hold businesses accountable to provide safer work environments for employees. For Northern Nevada, the totals can also help bring awareness to totals of those injured at work in Reno.
Contact Personal Injury Lawyers When Injured at Work in Reno
If you were injured at work in Reno, you should consult with Lerner and Rowe about your work-related injury claim. Lerner and Rowe offer no-cost, no obligation consultations. Call 775-644-4444, connect with our LiveChat agents, or fill out this secure contact form to start the legal process. Our experienced Reno personal injury law firm is here to offer help when you need it most.