Workers compensation is a form of insurance that protects employees if you get hurt or sick while on the job or as a result of the job you do. It pays your medical costs and lost wages after a job-related injury or illness. It’s a benefit your employer pays for and offers, but it’s not optional. Workers comp is required for the majority of businesses in Nevada. Because of that, your boss has certain responsibilities they must meet. If your employer doesn’t do these things, you’re the one who gets hurt. But they may also find themselves in serious legal trouble, too.
Employer Workers Compensation Responsibilities
- Buy workers compensation coverage for their employees. Not doing so can lead to fines, penalties, and even criminal prosecution.
- Post a notice that they provide workers compensation and information about it in a place that you can easily see on a job site or in your place of employment.
- Do their part to help workers avoid injuries. This includes creating safety policies and procedures, maintaining a safe working environment, and falling all legal regulations like OSHA guidelines, if applicable.
- Make sure injured employees get medical treatment. Emergency services should be called if you’re hurt on the job. Medical care must be made available to you.
- Provide claim forms to an injured employee within 24 hours of the injury or within 24 hours that they’re notified that you were injured.
- Report the injury to their workers compensation insurance provider and to the appropriate workers comp board for the state or region.
- Keep written records of all accidents on the job. Reports are required when employees need medical attention or lose time on the job by the employee who got hurt.
- Respond to requests for information, documents, or more details from the insurance company and the workers compensation board. Ignoring the requests or giving false information can lead to serious legal consequences.
- Welcome employees back to work once you’re able to return. You cannot be retaliated against for filing a workers comp claim. Retaliation may be obvious -- harassment, discrimination, or unjust termination. It may be subtle -- demotion, salary reduction, or reduced hours. But none of it is allowed.
What to Do if Your Employer Doesn’t Do These Things
The big question you might ask yourself is what you’re supposed to do if your employer violates any of their workers' compensation responsibilities. What options do you have as an employee, especially if you were fired for filing a claim or worse, unable to file a claim at all?
You need a workers comp lawyer in Las Vegas who knows what the law says and what your rights are. Workers compensation helps your employer if you decide to sue, but that help doesn’t mean they don't have responsibilities. They may have well-paid attorneys on their side, but you don't have to go it alone. You need a workers compensation lawyer who won’t let companies get away with cheating you out of what you’re owed.
Do You Need a Workers Compensation Lawyer?
When should you call a personal injury lawyer who can help with your workers' compensation claim?
- You were hurt on the job and not able or allowed to file a workers comp claim.
- You’re not sure you were offered sound medical advice with your health in mind. If you felt like the doctor only cared about making the insurance company or your boss happy, that’s a problem.
- Your boss retaliated against you by firing you, harassing you, or other activities to make returning to work unbearable.
- No report was filed by your employer in your claim
- Injuries have become too common and people are getting hurt because your employer doesn’t care about safety. And now you’re one of the people who has been injured or disabled as a result.