Las Vegas Workers’ Compensation Attorney
If you were injured on the job in Las Vegas, you don’t need to prove your employer was negligent to obtain workers’ compensation benefits. A work injury lawyer at the George Bochanis Injury Law Offices can help you recover compensation for damages, even if you were partially to blame for your accident. Since 1985, our law firm has been helping injured workers make ends meet while they recover.
Why Hire a Workers’ Compensation Lawyer
Injured at work? Whether you recently sustained a work-related injury, you have already opened your claim, or your claim has been denied, Las Vegas workers’ compensation lawyer George T. Bochanis can improve your chances of receiving work injury benefits in a number of ways. When you hire a work injury lawyer with our law firm, our team will:
- Ensure your legal rights are protected throughout the claims process
- Manage communication with your employer and the insurance company
- Gather important evidence to prove how you were injured
- Calculate your financial losses, including your medical bills and lost wages
- Make sure you are informed and that you understand your legal options
- Prepare and submit all claim documentation in a timely manner
Call our law firm at: (702) 388-2005
Workers’ Compensation Benefits Available to Injured Workers in Las Vegas
A workers’ comp lawyer with The George Bochanis Injury Law Offices may be able to help you access a range of workers’ compensation benefits. These benefits are designed to pay for your medical care, replace a portion of your lost wages, compensate you for a permanent disability, and even provide you with vocational training if you are unable to return to your pre-accident line of work.
If your work injury claim is successful, you could receive:
Temporary Total Disability (TTD)
Workers who are injured on the job in Nevada are entitled to receive TTD benefits if they are unable to work for five days within a 20-day period. These benefits pay a portion of your lost wages, providing ⅔ of your average weekly wage for as long as you are eligible. To qualify, you must have certification from your workers’ compensation doctor that states you are unable to perform your regular work duties. Additionally, your employer must not have offered you an opportunity to return to work in a “light duty” position that fits within your restrictions and pays the same or more than your TTD rate.
Temporary Partial Disability Benefits (TPD)
You are entitled to TPD benefits if you are able to return to work, but your work-related injury prevents you from earning as much or more than you would make if you were temporarily totally disabled. These benefits are available to injured workers for up to 24 months. They are designed to make up the difference between what you are earning and what you would make if you were receiving TTD benefit payments.
Permanent Partial Disability Benefits (PPD)
If your work-related injury caused you to be partially disabled and you are not expected to improve, you are entitled to PPD benefits. A rating doctor will determine the level of compensation you are eligible to receive. You may collect a lump sum payment to settle your award, or you could be paid monthly payments. If you are paid monthly, payments will continue for five years or until you turn 70- whichever is later. PPD claims account for over half of workers’ compensation claims filed against insurance companies in the United States.
Permanent Total Disability Benefits (PTD)
Once you have reached maximum medical improvement (MMI), your physician will determine if your work injury has left you permanently impaired. Examples of permanent impairments include paralysis, severe brain injury, blindness in both eyes, and the loss of limbs. If you were injured so severely that you are unable to perform any type of work, you are entitled to receive monthly payments that are equal to just over 66% of your average pre-accident wage for the rest of your life.
Get Your Medical Bills Paid
Unlike private health insurance companies, there are no deductibles, co-pays, or other out-of-pocket costs for injured workers who file workers’ compensation claims and are receiving necessary medical care for their work-related injuries. The Las Vegas workers’ compensation lawyers at our law firm can help you file a claim to pay for:
- Ambulance Bills
- Emergency Room Treatment
- Surgeries
- Wound Care
- Hospital Stays
- Follow-Up Medical Care
- Specialist Treatment
- Medical Tests
- Prescription Medications
- Transportation Costs
- In-Home Nursing Care
- Medical Equipment
- Home or Vehicle Modifications
Receive Vocational Rehabilitation
If your work injury prevents you from performing the duties required for your pre-accident job, you are entitled to receive vocational rehabilitation so you can learn the skills necessary for a new occupation so you can return to work. If you qualify, workers’ compensation insurance companies may pay for:
- Schooling or training
- Bi-weekly maintenance checks
- A lump-sum payment in lieu of training
Death Benefits for Surviving Family Members
If you are an eligible family member and your loved one lost his or her life in a work accident, our workers’ compensation lawyers can help you file a claim to recover wrongful death benefits. In addition to the workers’ compensation insurance award your loved one would have received if the accident hadn’t been fatal, insurance companies may pay up to $10,000 for burial expenses. Our workers’ compensation attorneys in Las Vegas offer free consultations to help family members determine if they qualify for death benefits and guide them through the claim process.
How Did Your Workplace Injury or Illness Occur?
Despite strict workplace safety regulations, advancements in technology, and increased worker protections, it is not uncommon for today’s workers to sustain a workplace injury or illness in an on-the-job accident or exposure. Work-related injuries are frequently sustained in:
- Same-level slip and fall accidents
- Falls from heights
- Chemical exposures
- Explosions
- Motor vehicle accidents
- Heavy lifting incidents
- Equipment or machinery accidents
- Cave-ins
While some work-related injuries are minor and require little to no medical care, others can be severe, permanently disabling, or even fatal. Common workplace injuries our workers’ compensation attorneys in Las Vegas see include:
- Back injuries
- Traumatic brain injuries
- Neck injuries
- Amputations
- Repetitive stress injuries
- Broken bones
- Lacerations
- Burns
The Most Dangerous Job in Las Vegas
A life-changing workplace injury or illness can happen to anyone. Some industries in Las Vegas are more dangerous than others, however.
Unsafe conditions in Las Vegas hospitals made headlines in 2020, when workers, who were members of SEIU Local 1107, asked Nevada hospital regulators to review more than 500 complaints against five HCA hospitals, including Sunrise Hospital and Medical Center, Sunrise Children’s Hospital, MountainView Hospital and Southern Hills Hospital and Medical Center. The HCA workers submitted claims of:
- Insufficient staffing despite high volumes of patients
- Inadequate personal protective equipment (PPE)
- HCA employees returning to work after testing positive for COVID-19
Ongoing road construction projects on Las Vegas Boulevard and Sahara Avenue, on Las Vegas Blvd. between Mandalay Bay and the 215, and on Spring Mountain Road and Sands from Koval Lane to Mel Torme Way continue to put road workers and motorists at risk of serious injury or death. Other types of construction job put workers in danger, however. Dangers include, but are not limited to:
- Falls from heights
- Electrocution
- Power tool and heavy equipment injuries
The transportation and warehousing industry includes some of the most dangerous occupations in Las Vegas. With a higher fatality rate than any other industry in Nevada, truckers, loaders, and operators face significant risks every day when they report to work. Some of the risks workers face include:
- Motor vehicle accidents
- Lifting injuries
- Slips, trips, and falls
The manufacturing industry is notorious for work-related accidents. It is not uncommon for workers’ compensation attorneys in Las Vegas to see injury claims arise against factories like NV Energy and Berry Plastics when workers are seriously injured or killed. Manufacturing workers face dangers like:
- Getting caught in machinery
- Explosions and fires
- Falls
Employees who work at companies like Sierra Ready Mix and Nevada Ready Mix Corporation also face significant workplace risks. Although state and federal regulations are designed to prevent accidents and injuries in mining operations, mining continues to be one of the most dangerous occupations in Nevada. Workers can be seriously injured or killed in:
- Fall accidents
- Cave-ins
- Confined spaces
“I have known George T. Bochanis for over 30 years. I have used his services on two occasions. Both times he has been the utmost professional. He is extremely personal and caring, and his superior expertise is paramount in the solving of the two cases. I recommend him without reservation.”
We look forward to listening to your side of the story. Schedule your free consultation with an injury lawyer today.
Denied Workers’ Compensation Insurance Claim?
Under Nevada workers’ compensation laws, employees who are injured while performing the duties of their jobs are entitled to receive workers’ compensation benefits from their employers’ insurance companies regardless of fault, except in rare situations.
As such, it stands to reason that workplace injury damages should be paid promptly when injured workers file workers’ compensation claims. Unfortunately, the work injury claim process is not always as straightforward as it should be. Insurance companies are notorious for delaying the claim process, minimizing claims, or even denying viable workers’ compensation claims filed by injured employees.
If your employer’s workers’ compensation insurance company failed to respond to your claim for medical care or lost wages before the 30-day deadline, denied your benefits claim for work-related injuries, or sent you a determination letter that you would like to dispute, our Las Vegas workers’ compensation lawyers can help you get paid.
Filing an Appeal in a Workers’ Compensation Insurance Case
When you suffer a workplace injury or illness in Las Vegas, you must notify your employer right away, file a claim by completing the upper portion of a C-4 form (Claim for Compensation), respond to information requests in a timely manner, return to work if a position is offered that meets your medical restrictions, and follow through with ongoing medical care and the recommendations of your treatment team. Failing to do so could result in a workers’ compensation claims denial.
During the claims process, you will likely receive a series of determination letters from the workers’ compensation insurance company.
- Each disputed determination letter must be appealed separately.
- Appeals must be filed within 70 days.
- Your case could include multiple appeals and hearings.
- You could be entitled to compensation for lost earnings, medical bills, vocational rehabilitation, plus 9% interest, calculated from when the workers’ compensation claims process began.
The first step in filing an appeal to obtain appropriate workers’ compensation benefits is for your workers’ comp lawyer to request a hearing with the Hearings Division of the Nevada Department of Administration on your behalf.
You and your workers’ compensation attorney will have approximately 30 days from the date of the request to prepare for the hearing. During this time, our Law Vegas workers’ compensation lawyers will:
- Collect evidence that demonstrates how and where your work-related injury occurred, or how your injury or illness was exacerbated.
- Interview coworkers who witnessed the accident or conditions that caused your workplace injury or illness, medical experts, and/or vocational experts.
- Gather records documenting your medical care, billing statements, and documentation of your average weekly wages.
Appealing the Hearing Officer’s Decision
If you disagree with the Hearing Officer’s decision, our Las Vegas workers’ compensation lawyers file an appeal with the Appeals Officer at the Department of Administration. After considering the evidence, the Appeals Officer can decide to:
- Uphold the Hearing Officer’s decision
- Reverse the decision
- Send the case back for review by the Hearing Officer
Decisions must be made within 15 days.
Appealing the Appeals
Officer’s Decision
If you disagree with the Appeals Officer’s decision, your workers’ compensation attorney can help you file a Petition for Judicial Review with the District Court. Under Nevada’s workers’ compensation laws, you must file the petition within 30 days.
FAQs About Workers’ Compensation Benefits in Las Vegas
In Las Vegas, a deceased worker’s spouse, minor children, and certain other dependents may file a claim for death benefits under Nevada’s workers’ compensation laws when an employee dies of work-related injuries.
Nevada workers’ compensation laws prohibit injured workers from suing their employers directly for work-related injuries. If an employer does not maintain workers’ compensation insurance to pay for lost wages and medical bills, however, injured employees can file a personal injury lawsuit against the employer. If the injury lawsuit is successful, the victim may receive benefits that are unavailable to most injured employees who file workers’ compensation claims.
Injured employees in Nevada have just 90 days from the day they were injured or diagnosed with an occupational disease to file a claim against insurance companies for workers’ compensation benefits.