My doctors both agree that I am at maximum improvement, but that I will not be able to return to my previous work. Both recommending FCE to Worker's Comp. Since my case with WC will soon be over resulting in a lump sum settlement, I believe, can ...
There are two possible lump sum settlements you may be entitled to under workers' compenstion law in Nevada. One is the permanent partial disability award, and the other is a vocational rehab buy-out if your employer does not offer work within your restrictions. Social Security will be entitled to take an offset (reduction in your benefits) to account for any settlement you receive as a vocational rehab buy-out.See question
I was injured at work in approximately 2007 in Mesquite NV where I worked as a Cocktail Server. I was run over by a customer and my right knee was dislocated. I was working the grave shift, so the security guard took my report, gave me a drug test...
If you were to file a workers' compensation claim now in Nevada, it would be denied for late filing and late notification. Claims must be filed within 90 days of the date of injury, and the employer should be notified in wiriting on an accident form within 7 days of the date of injury. There are excusions provisions in the laws concerning these time frames, but I cannot see a hearings or appeals officer finding that a sever year delay is reasonable and excusable for late notice and filing .See question
Seven months of physical therapy, back injections and I'm still in pain I don't know what to do. P.s please don't tell me anything about a attorney I have one... I'm asking you BTW thank you all for answering all of our questions. It means a lo...
If you haven't seen an orthopedic physician with an MRI to fully diagnose your problem, I would suggest you do so. Treatment options are usually limited to surgery if you are a surgical candicate, physical therapy, injections, and lastly, living with the pain and making wise lifestyle changes. This is something that your doctor should be discussing with you as opposed to an attorney. If you don't feel that you are having your medical questions answered, perhaps your attorney can help with a change of doctors.See question
My girlfriend was in a car accident last year in Las Vegas, NV, it was her fault, but she was covered by worker's compensation through her work. She broke her right thumb (she is right-handed), and required surgery plus lengthy physical therapy. ...
A workers' compensation settlement for a permanent impairment in Nevada is different than a settlement for a personal injury claim. The idea behind requiring that rating doctors on the DIR rotating list use the same AMA Guide is that rating physicians should have objective criteria and should come up with the same percentages of impairment. That idea is not reality, however. Many rating doctors are not experienced in using the Guides and make mistakes. My recommendation is that you ask an experienced workers' compensation lawyer to review the rating evaluation and offer for you. Many will do it free of charge.See question
I have been injured at my job while being asked to work - even though I was "clocked out" for my 30 minute break.
If your are injured in the course and scope of your employment, particularly if you are on your employer's premises, it is likely that you have a compensable claim. The facts of your particular situation are very important. Be sure to notify your employer in writing if you are injured, and go to the clinic directed by your employer to file a workers' comp claim, even if you are unsure. You don't want your claim to be denied because you failed to file a claim on time. If your claim is denied, be sure to tell any attorney you consult with about all the circumstances pertaining to your injury and about how you are customarily required to continue working even while clocked out. Have names of co-workers who can support you on this.See question
been back to work with restrictions for a year now and have never been contacted for any type of disability rating or settlement offer. Am i able to pursue a settlement at this time and if so what course of action should i begin?
You don't state whether your claim is still open for medical treatment or not. Adjusters in Nevada are now required to send a letter when a claim is closed for medical benefits that states whether the injured worker is being scheduled for a permanent partial disability evaluation or not. If your claim was closed and you were sent a letter, telling you that no impairment evaluation would be scheduled, you were given 70 days to file an appeal. If you were not sent such a letter (and assuming you didn't move), you may be entitled to request an impairment evaluation if one should have been scheduled when your claim was closed. This depends on whether your medical records showed that you likely had an impairment when your claim was closed. Keep in mind that only permanent, ratable injuries under the AMA Guides to Evaluation of Permanent Impairment (5th ed) will entitle an injured worker to a settlement. Don't delay any longer in obtaining a copy of your claims file and consulting with an experienced Nevada attorney.See question
Say if the injury is a minor one, cut my finger on paper, stubbed my toe, bumped my knee. Nothing major. Am I required to file the workman's comp claim/paperwork?
It is a bad idea not to report a job injury immediately (and in writing) to the employer. Your employer probably has a written policy that requires you to report job injuries immediately and in writing. Most large employers in Nevada require drug and alcohol testing following the accident so that they can deny the claim if you were intoxicated at the time of the accident.
The most important reason for properly establishing a claim, however, is to preserve your right to obtain appropriate medical care and compensation benefits in the event the injury is more serious than you initially thought.
Sometimes an injured worker does not want to file a claim because he or she wants to file a personal injury lawsuit against the employer on the grounds that the injury is not covered under workers' compensation law. If the injured worker's legal position is not upheld and a court states that the injury would have been covered by workers' comp law, it will be too late to file a claim. These decisions should be made by an experience workers' compensation attorney.
If the situation is instead that your employer is paying you not to file a claim, reject any such illegal offer and proceed to file a proper claim. Again, if the injury develops into something more serious, you won't be able to file a claim later, and the employer will deny that they ever tried to persuade you not to file a claim.
I agree with the comment below also, that your health insurer will ask you whether treatment is for a work-related accident. Providing false information to the insurer may disqualify you from obtaining further benefits on your claim. Additionally, your insurer could allege that you filed a false claim.
There no advantage to not filing a claim unless you have the potential for a personal injury claim arising out of the work accident, and you would need an attorney to analyze your particular circumstances.
I injured myself at work in 2004 when I lived in South Carolina. I filed a workers compensation claim and was treated by the doctors workers compensation sent me to. Eventually, I received a settlement. Now, 9 years later I am having problems with...
I agree that you should consult with a South Carolina attorney about reopening your South Carolina claim. In Nevada, workers who receive lost time compensation benefits when their claim is open or who receive a permanent partial disability award when their claim is close, have lifetime rights to reopen their claims. However, that is applicable to Nevada claims.See question
i have been out of work for 7 months with a neck and shoulder injury.i was referred to have a cervical fusion in december and it was denyed by adjuster.they said they want a 2nd opinion which they still have not aranged.i have an attorney,he said ...
I agree that it is essential that you meet with your attorney to discuss your concerns before deciding to fire him. When you do meet with your attorney, if you still aren't satisfied that the attorney is representing you aggresively, then be sure to ask whether you owe the attorney any money under your representation agreement for his services so far. Attorneys who take cases on a contingency fee basis usually have a clause in their fee agreements that entitle the attorney to bill for whatever time they have put in the case if the client decides to terminate the attorney's services. You may think the attorney has "done nothing", but you may be wrong about that. You don't want a situation where you owe one attorney a fee when you try to find another attorney. My office staff asks potential new callers whether they have had an attorney already on their case. I don't want to take cases where another attorney is expecting to get paid from the claim.See question
My employer is self insured, I was injured on the job, must I go to their doctor?
Injured workers reviewing these questions and answers need to be aware that each state has its own workers' compensaiton laws. In Nevada, self-insured employers may require that injured workers first report injuries and accidents to a particular clinic, unless it is a medical emergency. However, in Nevada, an injured worker has the right to request an alternative physician withiin the first 90 days of the claim, so long as he requests an alternative physician who is on the insurer's provider list. Insurers are required to have two or more specialty physicians on their lists so that the employee really does have some choice.See question