Nevada Workers Compensation Claims: Eligibility, Filing and Appeals

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According to Nevada law, “…Every person, firm,voluntary association and private corporation, including any public service corporation, which has in service any person under a contract of hire” must have Workers' Compensation coverage. Specific exceptions apply, such as exceptions for musicians or house bands, performers in theatrical exhibitions, and clergymen. The Workers' Compensation Section of the Nevada Division of Industrial Relations, which is part of the Nevada Department of Business and Industry, is responsible for enforcing the regulations of Nevada Workers' Compensation law.

Work Related Injury Eligibility

Injuries that arise out of and in the course of employment are covered under Workers' Compensation insurance. This includes common accidental injuries such as sprains and fractures, cuts and burns, head injuries and amputations. Gradual injuries that occur over time may also be covered. Occupational diseases are also covered, such as respiratory ailments. Employees are not covered while traveling to and from work, but may be covered if they are traveling for work related reasons.

How to File a Nevada Workers Compensation Claim

An employee should give written notice of injury or illness to their employer within seven days by using the Notice of Injury or Occupational Disease Incident Report Form C-1. A Claim for Compensation Form C-4 should also be filed within 90 days. To obtain this form, the employee should seek medical treatment with an authorized provider who is a member of the Panel of Treating Physicians and Chiropractors. The treating physician or chiropractor will file the Claim for Compensation within 3 days of treatment.

Workers Compensation Claim Denials

Claims may be denied for a number of reasons. If an employee fails to give notice and submit the proper paperwork within the legally specified amount of time, the claim could be denied. Claims may also be denied due to incomplete or incorrectly filed paperwork. Claims may also be denied due to they type of injury and how it was sustained. Injuries that are not sufficiently caused by on the job activity or injuries that are deemed not severe enough to warrant benefits may also be denied.

Appealing a Nevada Workers Compensation Denial

When a claim is denied, the employee will receive a determination letter which contains instructions on how to appeal the decision. Employees have 70 days from the date of the letter to appeal the determination with the Department of Administration, Hearing Officer. A Hearing Officer's decision may be further appealed with the Department of Administration, Appeals Officer within 30 days from the Hearing Officer's decision. To appeal the Appeals Officer's decision, an employee can file a petition for judicial review with the District Court within 30days of the Appeal Officer’s decision. Employees may choose to be represented by a lawyer at their own expense, or they may be represented by the Nevada Attorney for Injured Workers.

Workers Compensation Payments

Workers are not eligible for monetary wage loss benefits until they have missed at least five days of work. The amount of benefits depends on the extent of the injury and the worker's average wage. Maximum benefits equal about two thirds of an employee's average wage, as long as this figure does not exceed $3,410.82 a month, which is the maximum benefit amount for 2009.

Hiring a Nevada Workers Compensation Lawyer

A Workers' Compensation lawyer should be consulted in the event of a benefit dispute. Employees who feel they have been wrongly denied benefits or have had their benefits unfairly reduced should contact an experienced lawyer who may be able to secure their deserved benefits.

Nevada Workers Compensation Office Locations

Nevada Workers Compensation Section
Northern District:
400 West King Street, Suite 400
Carson City, Nevada 89703
(775) 684-7270

Nevada Workers Compensation Section
Southern District:
1301 North Green Valley Parkway, Suite 200
Henderson, Nevada 89074
(702) 486-9080

Nevada Attorney for Injured Workers
2200 South Rancho Drive, Suite 230
Las Vegas, Nevada 89102
(702) 486-2830

Nevada Attorney for Injured Workers
1000 East William Street, Suite 208
Carson City, Nevada 89701
(775) 684-7555

Nevada Department of Business & Industry
Northern Nevada:
788 Fairview Avenue, Suite 100
Carson City, Nevada 89701-5491
(775) 687-4250

Nevada Department of Business & Industry
Southern Nevada:
555 E. Washington Avenue, Suite 4900
Las Vegas, Nevada 89101
(702) 486-2750

Department of Administration, Hearing Officer
1050 E. William Street, Suite 400
Carson City, Nevada 89701

Department of Administration, Hearing Officer
2200 S. Rancho Drive, Suite 210
Las Vegas, Nevada 89102

Department of Administration, Appeals Officer
1050 E. William Street, Suite 450
Carson City, Nevada 89701

Department of Administration, Appeals Officer
2200 S. Rancho Drive, Suite 220
Las Vegas, Nevada 89102

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