Experiencing an injury at work can be an overwhelming and life-changing ordeal. Amidst the physical pain, you might wonder about your rights and the avenues available for compensation in Nevada. In this guide, Attorney Michael Mee illuminates the legal landscape regarding job-related accidents in the state.
Workers' Compensation Versus Civil Lawsuits: Know the Difference
Nevada's workers' compensation system, designed as a no-fault scheme, seeks to assist employees injured or who fall ill due to their job. This can encompass benefits like medical care, wage substitution, and vocational therapy. However, by opting for these benefits, you're waiving the right to hold your employer responsible in a negligence lawsuit. Still, exceptions persist, especially in cases where the employer exhibited gross negligence or intentional harm.
Conversely, if third parties or your employer's deliberate or negligent actions caused your injury, you might opt for a civil lawsuit. Such lawsuits can help you recover:
- Medical expenses
- Lost wages
- Pain and suffering
- Other injury-related costs
A Word on Independent Contractors
Usually, workers' compensation doesn't cover independent contractors. However, they're not without recourse—they can potentially pursue a civil lawsuit against liable parties.
Compensation Possibilities for Job Injuries
Should you sustain injuries at work, you could seek compensation for:
- Medical Costs: Doctor's consultations, hospitalization, surgeries, medications, etc.
- Lost Income: Wages lost due to recuperation time.
- Vocational Rehabilitation: In situations where returning to your former job becomes unfeasible.
- Pain & Suffering: The tangible and intangible discomfort stemming from your injury.
- Other Costs: Such as transportation to medical appointments.
Who Doesn't Qualify for Workers' Compensation?
Certain actions or behaviors might preclude you from claiming workers' compensation:
- Injuries sustained while intoxicated.
- Injuries occurring during a criminal act or other illicit activities.
- Injuries resulting from non-work-related antics or horseplay.
The Role of Third-Party Claims
Beyond workers' compensation, you might have grounds to seek damages from other involved parties, including:
- Claims against makers of malfunctioning equipment or products.
- Lawsuits against other negligent contractors or subcontractors at your workplace.
- Claims against landlords or administrators if injuries took place on their premises.
Typical Workplace Injuries
While workplace injuries can vary immensely in severity and type, some of the frequent ones encompass:
- Falls due to slippery surfaces or from elevated areas.
- Injuries from lifting heavy items or exerting too much.
- Burns resulting from chemicals or electric mishaps.
- Injuries from sharp tools or machinery.
- Ailments from repetitive tasks.
Post-Injury: Key Steps to Take
After a workplace injury, you should:
- Prioritize medical care: Get medical aid immediately.
- Inform your employer: This kickstarts your workers' compensation claim process.
- Detail the incident: Jot down the specifics like date, time, witnesses, and capture photographs if viable.
- Adhere to medical advice: Regularly visit your doctor and follow their guidelines.
Filing Timelines
In Nevada, the usual window to inform your employer and lodge a workers' compensation claim is 90 days post-injury. Missing this could jeopardize your benefits. Always act promptly and get legal advice if uncertain.
Potential Employer Counterclaims
Your employer might contest your workers' compensation application by:
- Arguing the injury's irrelevance to your job.
- Debating the injury's severity.
- Categorizing you as an independent contractor, making you ineligible for workers' compensation.
Should any part of this guide resonate with your experience or that of someone you know, reach out immediately. Attorney Michael Mee at Pronto Injury Law awaits your call for a complimentary consultation.