Depending on your line of employment, workplace injuries can have an impact on both your family and your job. Thanks to workers’ compensation coverage, you can recover benefits for injuries suffered while on the job. Speaking with an experienced Las Vegas workplace injury lawyer can help ensure that you receive the full benefit of your employee rights.
At J. Cogburn Law, we have the knowledge and passion necessary to help with your Henderson workplace injury claim. Rather than you trying to sort out what damages you can recover and completing the steps to submit a claim while still recovering from your injuries, trust our Las Vegas personal injury attorneys to keep you informed on your legal rights. We handle the litigation matters, allowing you to focus on getting your life back on track.
Nevada Workplace Injury Resources:
- What should I do if I’m injured on the job?
- Who is liable for my workplace injury?
- What are my employer’s responsibilities when I’m hurt on the job?
- How does workers’ comp calculate payments?
- What kind of compensation can I receive for my workplace injuries?
- When should I contact a Las Vegas workplace injury attorney?
What Do You Do if You Are Injured on the Job?
While Nevada requires all employers to provide the appropriate levels of workers’ compensation, you still need to take certain steps after an accident. If you suffer an injury at work, you should:
- Immediately report the injury. Failure to report an injury to your supervisor can call into question the nature of your accident. Immediately inform your supervisor and fill out the appropriate paperwork.
- Seek medical attention. Even minor injuries can turn into serious health issues if left untreated. Aside from ensuring your well-being, a medical professional can create a record of your injuries for use in your claim.
- Make a record of the event. While you’ll likely need to write down details about the accident for your supervisor, you’ll want to keep a record of your own. Write down everything relevant to your accident and injuries while it’s still fresh in your memories.
- Obey medical instructions. Appropriately following medical instructions is essential to your full recovery. If you don’t follow directions, a workers’ compensation adjuster may take your lack of compliance against your claim.
- Attempt light duty. If your employer offers you light-duty work options, try to return to work. Even if the work is too demanding for your condition and you need to decline, it’s better for your claim to try than not attempt at all.
Following these tips can help protect your rights to workers’ compensation in the aftermath of an accident.
Who Is Liable?
Other types of personal injury claims involve the concept of liability for victims to claim benefits. The liable party is at fault for the accident and will pay for the damages as a result. However, most workplace accidents work on the concept that the liable party does not matter, as a workers’ compensation claim is a request for benefits, rather than suing the employer for the injuries.
In some circumstances, however, liability can play a role in recovering benefits. For example, if you caused your own accident by engaging in reckless activities in the workplace, such as violating safety procedures, then you may not have a right to workers’ compensation. Other circumstances can also impact your chances of receiving benefits. If you were minimally at fault for your injuries, you should still be able to recover benefits.
For accidents where another party is at fault for your injuries, such as another employee or a guest in the workplace, you may be able to hold the responsible person liable, if you can prove fault. This process generally includes establishing a duty of care toward you and how the other party’s actions violated that duty and led to your injuries.
Whether you’re filing a basic workers’ compensation claim, or you have a case of third-party liability, a Las Vegas workplace injury lawyer at J. Cogburn Law has the experience and skill necessary to handle your case. We can evaluate your accident and develop a strategy that best fits the circumstances of your injuries.
What Are My Employer’s Responsibilities?
All employers have a responsibility to promote and maintain a safe work environment for employees. Aside from following safety regulations for the industry, employers must have the appropriate amount of workers’ compensation insurance under Nevada law. Employers must also display that workers’ compensation coverage information in a location where workers can see it. If your employer does not have the appropriate insurance, your case may involve other workers’ rights legal issues. If an accident occurs at the workplace an employer must:
- supply the appropriate first aid treatment to injured workers
- contact the necessary medical care
- inform injured workers of all the available medical provider options
When it comes to reporting an injury, employers must provide workers with the necessary paperwork to file both an injury report and a workers’ compensation claim. Employers are also responsible for completing the Employer’s Report of Injury or Occupational Disease. Employers may not refuse a worker’s desire to file a claim or retaliate against workers who do file a claim.
How Does Workers’ Comp Calculate Payments?
Workers’ compensation generally deals with two categories: medical treatment and lost wages. For medical treatment, a workers’ comp claim will cover all the medical expenses associated with a work illness or injury. The extent of your injuries and potential future impact on your life will affect how much you can recover for medical expenses.
However, some treatments do not qualify for workers’ compensation. Usually, coverage focuses on the necessary treatments for an employee to recover from his or her injuries. If you wanted elective surgery to get rid of a scar from your accident, and the scar was in a minimally visible location, workers’ compensation may not cover that procedure.
Your workers’ compensation payments for lost wages will depend on your regular wages while you were capable of work. In Nevada, workers’ compensation must pay roughly 66% of your average monthly wage. These benefits will continue for the time you are out of work. Unlike other states, Nevada does not have any state-required minimums for wage reimbursement.
If your injuries lead to a disability, the future costs of your injuries will also be part of your final workers’ compensation payment total. A Las Vegas workplace injury lawyer of J. Cogburn Law can help assess your case and help you receive fair payment for your damages.
What Kind of Compensation Can I Receive?
Workers’ compensation can include various types of benefits to help you recover from your workplace injury. You potentially may have a right to:
- Lost wages. Your injuries may prevent you from reporting to work or keep you from performing the full extent of your work duties. You can qualify for several types of temporary or permanent disability, which will impact how much past and future compensation you may be able to recover.
- Medical expenses. Workers’ compensation allows injured employees to recover the costs of necessary medical expenses. Aside from medical bills themselves, this category of benefits can include travel costs to receive treatment. Like lost wages, you can recover past and future medical expenses.
- Rehabilitation costs. Some workplace injuries are severe enough that you’ll be able to return to work in the future, but only if you complete rehabilitation first. As a type of medical expense, workers’ compensation can cover rehabilitation costs. To continue to receive these benefits, you must follow medical instructions carefully and attend rehab sessions as needed.
- Vocational rehabilitation. If you experience injuries that prevent you from continuing in your current line of work, but not potentially in others, you may go through vocational training to find new work. Your workers’ compensation benefits can also cover the costs of vocational rehabilitation.
In very rare circumstances, a workplace injury claim may involve punitive damages. If the accident that led to your damages was the result of incredibly negligent behavior or your employer violated its workers’ compensation responsibilities, the court may award you punitive damages to discourage the negative behavior.
Since every accident and claim is different, your workplace injury case may not qualify for the same benefits of another. Consulting an experienced Las Vegas workplace injury lawyer can help you recover the full rightful extent of your compensation.
Why Should I Contact J. Cogburn Law?
Skilled legal help is essential for a successful workplace injury claim that will recover the full extent of your rightful compensation. While workers’ compensation is a system meant to help injured employees, insurance companies often have their numbers in mind rather than your well-being. This approach means that the adjustor responsible for your case may try to make you settle for less than your claim is worth or deny you treatment.
At J. Cogburn Law, our Las Vegas accident attorneys are always on your side. We understand the potentially devastating impact that a workplace accident can have on your life, and we want to help you recover. From the moment you contact us, we’ll provide your case with the personalized attention you need, whether you’ve just recently suffered your injury, or you’ve taken the first steps to file your claim.
We have experience in all types of workplace injury cases, no matter what type of accident you’ve experienced. Our priority is to always protect your rights, giving you the time, resources, and peace of mind that you need to recover. We provide free initial consultations for our clients, and we work on a contingency basis, meaning that you don’t have to pay us unless we win your case.
If your case involves other legal matters, such as a third-party or retaliation claim, count on our top-rated Las Vegas workplace injury lawyers to help. With extensive experience in all areas of employment law, we can help you earn a successful outcome to your Henderson workplace injury claim. Contact us today to schedule your free consultation.