Successful claimants for worker’s compensation in Las Vegas follow these basic steps: (1) confirm eligibility, (2) confirm the deadline to file, (3) report the injury, (4) get treatment, (5) and follow through on the claim. Unfortunately, at any point during these steps, an injured worker can inadvertently lose his or her benefits.
1. Confirming Eligibility
Workers are eligible for worker’s compensation if two factors are present: first, they are employees and, second, they were injured while on the job. An employee is a worker who has taxes withheld from his or her paycheck, is not in control of his or her tasks, and enjoys certain employee benefits. Independent contractors have more control over their tasks and don’t have taxes withheld from their compensation. An injury is considered to have occurred on the job if the worker was performing their work-related duties when the injury occurred.
Most workers must file their claim within 90 days of the injury. Once the claim is filed, the insurance company has 30 days to contest it. If the claim isn’t contested, the insurance company must cover the workers’ injuries and lost wages pursuant to the insurance policy.
3. Reporting Injuries
To start the claim process, the employee must report his or her injury to the employer. This is usually done through a supervisor. In the case of severe injuries, employees should seek medical attention first. The same rule applies if the worker gets sick on the job; for example, he or she should tell the employer if he or she contracts COVID-19 while working.
Depending on the severity of the injury or illness, employees will either seek treatment before or after they report their injury to their boss. If it is an emergency, the employee should seek immediate medical attention. If it isn’t a serious injury, then the employer will usually direct the employee to a medical provider that the insurance company approves. The employer may or may not have a designated doctor or hospital that handles workers’ compensation injuries.
The most important step is to follow through with filing a claim. First, the employee must ensure that his or her claim is processed. The insurer may deny the claim, in which case the employee should seek legal advice, which may require the employee to file an appeal.