There are 5 things your employer is required to do for workers’ compensation. Employers must have workers’ compensation coverage, display relevant notices, provide immediate treatment to injured employees, fill out necessary forms after an injury, and comply with requests for additional information. Workers’ compensation is a program that provides various benefits to employees who are injured or become ill due to their jobs.
After a workplace accident, you can seek assistance with your workers’ compensation claim by contacting George Bochanis Injury Law Offices at (702) 388-2005.
What Is Workers’ Compensation?
How does workers’ compensation work? Workers’ compensation is an insurance policy that provides financial protection to employees who get injured while working. It covers work-related injuries that occur during their employment. This system operates on a no-fault basis, which implies that employees don’t have to file personal injury claims against their employer. In Nevada, most employees are covered from the moment they start their jobs.
The system strikes a compromise between employers and employees: Employees receive benefits regardless of who was at fault. In return, employers are protected from lawsuits by injured employees seeking monetary damages for pain and suffering.
Private industry employers in Nevada reported 34,600 nonfatal workplace injuries and illnesses in 2022, resulting in an average rate of 3.4 cases per 100 full-time workers, slightly higher than the national average of 2.7.
What Are Employers Required to Do for Workers’ Compensation in Nevada?
Employers in Nevada are required to fulfill certain duties regarding workers’ compensation. The responsibilities of employers are to:
Obtain Workers’ Compensation Coverage
In Nevada, employers must have workers’ compensation insurance covering all employees. Unlike some other states where coverage is only required for companies with a certain number of employees, all employers in Nevada must have this coverage. Employers can purchase insurance from a private carrier licensed in Nevada or be certified by the Division of Insurance (DOI) as a self-insured employer. They can also become a member of an association of self-insured public or private employers.
Display a Notice of Compliance
Employers must post a notice of compliance in a place easily accessible during working hours. This notice should contain relevant information such as the policy’s effective date and the insurance carrier’s name. Employees can use this notice to provide healthcare providers with insurance information in case of on-the-job accidents. These notices must contain:
- Information regarding employees’ rights, including access to medical treatment.
- Information regarding the available workers’ compensation benefits should be provided.
- The name of the workers’ compensation carrier or the fact that the employer is self-insured, along with the details of who will be responsible for adjusting claims.
Provide Immediate Medical Attention
If an employee gets injured or experiences an on-the-job injury, the employer’s primary responsibility is to ensure that the worker receives immediate medical care or attention. This may involve a quick visit to the doctor or an ambulance ride to the hospital, and ongoing medical treatment. To help businesses stay prepared for such situations, employers should have first-aid supplies readily available, train employees and managers on emergency response plans, and maintain updated emergency contacts for their staff.
Medical treatment is covered by workers’ compensation for all reasonable and necessary medical care.
Fill out the Necessary Forms
After an employee has reported an injury or work-related illness, the employer is responsible for providing them with a workers’ compensation claim form, usually within 24 hours. This form must be filled out to report the injury and document the incident.
Form C-1
In workers’ comp claims, the first form to fill out is Form C-1, the incident report. In Nevada, the employer should provide this form to the employee, who has seven days to complete the form after an injury or illness. The employee can fill out the form even if he or she doesn’t seek medical treatment.
Form C-4
If an employee receives medical care for an injury or illness related to the job, he or she should inform the doctor that it is work-related. The doctor will then fill out a Form C-4, also known as the “Employee’s Claim for Compensation/Report of Initial Treatment.” The doctor must send this form to the employer within three days of the initial appointment.
Filing Form C-4 starts the formal claim process. For the claim to be considered valid, it must be filed within 90 days of the injury. The entire workers’ compensation claim may be denied if this deadline is missed.
Form C-3
Form C-3 is a report that only the employer needs to complete. The employer must fill it out within 6 working days of receiving the Form C-4 from the medical provider. The purpose of the Form C-3 is to inform the workers’ compensation program about what happened. Additionally, the employer should send a copy of the report to the insurance company. It’s important to note that an employer who fails to make an injury report may be charged with a misdemeanor and fined.
Comply With Requests for Information
The employer must comply with all requests for additional information, such as statements of the employee’s earnings and reports of the date of the employee’s return to work.
Nevada Workers’ Compensation Laws for Employers
Employers can avoid legal issues such as fines or compensation lawsuits if they fulfill their responsibilities. Workers’ compensation rules for employers include:
Duty Not to Retaliate
Workers’ compensation laws exist to protect employees who have been injured while on the job. These laws are designed to be the only remedy injured employees can seek from their employers. However, some employers disapprove of employees who file workers’ compensation benefits claims and may discriminate against them.
To prevent employers from discriminating against, harassing, or unjustly terminating injured employees, most states prohibit employers from punishing, discriminating, or discharging employees who exercise their rights under workers’ compensation laws. Employees can bring civil actions against their employers for the tort of “retaliatory discharge.”
To prove a retaliatory discharge, an employee needs to show that it is more likely than not that they were wrongfully terminated due to exercising their rights under workers’ compensation laws. It is unnecessary to prove that the workers’ compensation claim was the sole reason for the discharge.
Injured employees are protected from discrimination, even before filing a workers’ compensation claim, as long as the employer has been notified of the claim. Retaliation may include subtle actions like demotion or salary reduction. Notification of a claim can be enough to support a successful cause of action against an employer.
Penalties for Employer Non-Compliance
Employers who fail to fulfill their responsibilities may have to pay hefty fines, or even end up in court. If an employer pays for an employee’s injury out of pocket, they might not receive reimbursement from the workers’ compensation system. Failure to comply can result in:
- Fines.
- Employers facing criminal charges.
- The employer may be held personally liable for any compensation.
- An employee may sue the employer rather than file a compensation claim.
Employers’ Workers’ Compensation Compliance Checklist
To ensure compliance with workers’ compensation laws, employers should follow this checklist:
Provide Coverage
Employers must provide requisite workers’ compensation insurance and a hazard-free workplace.
Display Required Workers’ Comp Information
Employers are required to prominently display workers’ compensation information in their place of business. This includes two posters; workers’ comp form D-1, the Informational poster for all employees, and workers’ comp form D-22 for employers with employees who receive tips.
Have Relevant Policies and Certificates Available for Inspection
Employers are required to have their workers’ compensation policy available for inspection at all times and locations. This policy should include the declaration page issued by the private carrier. If the employer is self-insured, a certificate issued by the Commissioner is necessary. If the employer is a member of an association, they need to provide a certificate or letter issued by the Commissioner and an association of self-insured public or private employers.
Provide Medical Assistance
Employers have a responsibility to offer prompt first aid and medical care to any employee who has been injured.
Provide Relevant Forms
Employers must provide employees with the necessary forms to report work-related injuries or occupational diseases. Employees should fill out Form C-1, while the employer should complete Form C-3 within six days after receiving Form C-4 from a medical provider. The completed forms should be submitted to the insurer within the allowable timeframe.
Workers’ compensation claims can be confusing as they involve various parties. If you suspect your employer is not fulfilling their workers’ comp obligations, you may have to seek legal action to assert your rights. A workers’ compensation lawyer can provide their knowledge and skills to assist you. He or she will know how much Nevada workers’ comp settlements are, can determine your workers’ comp eligibility, and work on your behalf to secure the best possible outcome. Contact us at George Bochanis Injury Law Offices to assist with your workers’ compensation claim.
