What to do when you are Injured on the Job

What to do when you experience a workplace injury

When a person is injured on the job while in the course and scope of employment, it is imperative that a supervisor or the human resource department is notified immediately. Not doing so could jeopardize losing all benefits of the claim, including lifetime re-opening rights.

In Nevada, workers’ compensation is a no-fault insurance system which provides many benefits to employees who are injured on the job. These benefits include: Temporary Total Disability (TTD), which wage replacement of up to 66 2/3% up to a state maximum while completely off work or while on light-duty restrictions and the employer can or will not accommodate the restrictions; up-front payment of medical treatment (e.g. primary treatment, specialist, pain management, diagnostics, physical therapy, surgery, hospitalization, home health care); mileage reimbursement; a monetary recovery at the end of the claim as a Permanent Partial Disability (PPD) rating; in some cases vocational rehabilitation training and/or job search assistance; and in many cases lifetime re-opening rights.

When an injury is originally reported, a “Notice of Injury of Occupational Disease” (C1 Form) or similar, should be filed with the employer. Then, upon presenting for medical treatment, the facility or doctor’s office will provide the injured worker with an “Employees Claim for Compensation of Initial Treatment” (C4 Form). The medical provider will then send this form to the employer who will initiate an “Employer’s Report of Industrial Injury or Occupational Disease” (C3 Form). Once the employer initiates the C3 Form, it is sent to the work comp insurer or administrator. The insurer or administrator then completes the C3 Form and it is not until after the completion of this form that a workers’ compensation claim is officially filed for benefits.

Workplace injuries present many challenges. One of the biggest challenges is keeping up with the various time limits and knowing when and how to appeal the various letters from adjusters. These very important time limits start with notifying the employer of the injury within 7 days of the accident or injury, unless it is an occupational disease. The next time limit requires medical treatment to be provided within 90 days. That being said, if an injured worker waits 90 days to receive medical treatment the claim will most likely be denied because of the time gap between the injury and the need for medical treatment. Once the letters from the adjuster start rolling in, the time limit to appeal (disagree) with each letter is only 70 days, a deadline which is written in stone. The time limit to appeal a Decision and Order from a Hearing Officer is only days. Thus, time is of the essence and no letter or document should be overlooked or go unread.

If you, a loved one or friend are injured on the job, please call Billie-Marie Morrison, Esq. at (702) 380-2800 immediately for a free consultation.