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If you have an injury which arose from and in the course of your employment, you may be able to get a weekly check from your employer's insurer to partially cover your lost wages (Workers Compensation). It is illegal for your employer to harass or fire you because you have filed a workers compensation claim.
In Nevada, workers compensation will pay you for the following benefits:
- Medical treatment;
- Lost time;
- Permanent partial disability;
- Vocational rehabilitation;
- Dependent payments in the event of death; and
- Other related benefits or expenses.
When an accident occurs, you should report it immediately to your employer. Your employer should give you a form to fill out. This form is called an incident report. Your employer may also direct you to a doctor in order to determine the character and extent of the injury, and to give you any medical attention which is immediately required. If you employer does not do this, and you think that you need to see a doctor, you should ask for the names of approved workers compensation doctors and go to one. The employer's insurer will pay the doctor if your claim is valid.
If you are going to make a claim for workers compensation, you have to give written notice to the employer as soon as possible after the accident, but at least within seven (7) days. Your employer is required to have the proper incident report available to you, and you should ask for it.
The next step is to file a claim with the insurer. This has to be done within 90 days after the accident occured. If you claim is based on a death, you have one year after the death of the employee to file the claim. Again, there is a particular form that needs to be filled out. Do not wait this long to file a claim form.
The insurer has 30 days to decide to begin payments on a claim, or to deny the claim. You should receive a notice either way. If you are denied, you should also receive a notice regarding your right to appeal the decision. The appeal timelines vary so you should file your appeal as soon as your receive your denial.
If you want advice or assistance, you can call the Nevada Attorney for Injured Workers. They will not represent you unless you are in the appeals stage of your case. However, they can provide information and a guide about hearings. Their contact information is:
2200 S Rancho Dr. Ste 230
Las Vegas, Nevada 89102
1000 E. William St. Ste 208
Carson City, Nevada 89701
You can also call the Division of Industrial Relations if your employer is not providing you with the necessary forms, or is not otherwise helping you. Their number is (702) 486-9080 or you may visit the website for the State of Nevada Department of Business and Industry - Workers Compensation. They are not lawyers, so they cannot assist you with legal advice. If you want to contact a lawyer for legal representation, call the Nevada State Bar Lawyer Referral Service at 1-800-789-5747.