Henderson Workers’ Compensation Lawyers
Suffering injuries in the workplace can completely change your life. Workers’ compensation helps you get some financial support during those challenging times. The compensation gives you benefits for medical expenses and lost income.
Employers must carry workers’ compensation insurance to support injured employees and their families in maintaining a reasonable standard of living in the event of the worker’s incapacity or death. However, obtaining benefits can sometimes be complex, and your employer may not inform you of all your rights. If this happens to you, it’s time to contact a skilled Las Vegas workers’ compensation attorney.
The Henderson workers’ compensation lawyers of Edward Bernstein and Associates, which has offices in Las Vegas and Henderson, have an entire team of legal specialists committed to fighting for the rights of injured workers. Our workers’ compensation team members have extensive expertise, ensuring you obtain all the benefits you are entitled to receive.
Henderson Workers’ Compensation Guide
- How Does Workers’ Compensation Work in Henderson?
- What Benefits Do You Get?
- Requirements
- How a Workers’ Compensation Claim Is Processed in Henderson?
- What Happens in a Hearing?
- Types of Injuries Covered
- FAQ
- Edward Bernstein and Associates Can Help You With Workers’ Compensation
How Does Workers’ Compensation Work in Henderson?
In Henderson, every employer must carry workers’ compensation insurance. As an employee, if you get hurt at work, an approved workers’ compensation claim will cover your medical care. Additionally, you get some of your lost income while you’re recovering. You may also be eligible to receive monthly payments for the rest of your life if the injury causes a disability that prevents you from resuming work. However, a denied claim leaves you with a large medical debt and no means of supporting yourself and your family.
Henderson workers’ compensation cases do not require proof of fault, but insurers and employers will take measures to limit or deny these claims. They make references to pre-existing medical conditions, deny the occurrence of any accidents, and question the worker’s physical and mental abilities. Even if you receive a settlement for a work injury, you might need more than this to pay for your care and expenses.
Workers’ compensation works with liability insurance when a third party is involved in an accident. You may qualify to receive additional compensation from a third party in addition to your workers’ compensation when the injury resulted from negligence from someone other than your employer.
What Benefits Do You Get with Henderson Workers’ Compensation Laws?
Workers’ compensation is divided into two categories: indemnity and medical benefits. Indemnity benefits are mostly for lost income, including vocational rehabilitation or disability pay.
Benefits from workers’ compensation vary in different states, but they usually include:
- Medical costs
- Rehabilitation costs
- Replacement income
- Long-term pension when the person is permanently unable to work
- Temporary disability pensions when a person is unable to work.
An injured worker is entitled to proper medical care to relieve or cure injuries from an accident. These expenses include prescriptions, medical bills, and travel costs to the hospital.
Worker’s compensation may cover vocational rehabilitation (help with finding a new job) if their injury prevents them from working in the same career. During vocational rehabilitation, an employee will earn a partial salary, similar to the one offered for temporary disability. The benefit has a monetary limit and is replaceable by an alternative job offer from the employer.
Employees may be eligible for temporary disability benefits if they miss work because of an injury-related issue. Disability payments compensate you for lost income. The pay rate has specific limits but is usually an average of two-thirds of the employee’s gross weekly pay. For you to receive these payment benefits, a doctor needs to verify your inability to work.
An employee may be eligible for permanent disability benefits if they are unable to recover from an injury fully. Permanent disability indicates that the worker has lost the ability to work and compete in the job market against uninjured workers. The employee’s age, income, and line of work at the time of suffering the injury determine the compensation paid. The benefits also depend on limitations from the injury in performing daily activities.
Requirements for Henderson Workers’ Compensation
Workers’ compensation requires that an employee be an actual employee of their employer, not an independent contractor, and their injuries should be work-related. Certain claims must be submitted to particular agencies or courts; for example, courts do not settle disputes between an employer and an injured employee.
A workers’ compensation claim filed our Henderson’s workers’ compensation lawyers determines the resolution. A court may have the jurisdiction to hear the employment dispute case if an employee has exhausted all the administrative options available.
How a Workers’ Compensation Claim Is Processed in Henderson?
An employee must follow several steps to receive workers’ compensation.
These include:
- Notifying the employer of the accident as soon as possible.
- Seeking medical attention.
- Adhering to the doctor’s recommendations.
- Submitting a claim to the employer’s insurance provider.
- Keeping copies of paperwork for the entire process.
An employee has seven days after suffering an injury to notify their employer of the injury or fill out the occupational disease form. Upon notifying your employer, they should approve medical care for your injury. You only have a limited right to pick your doctor, making it crucial to first speak to your employer. Employees must disclose any injury or illness that develops gradually as soon as they become aware that they are work-related.
You then have 90 days to file a compensation claim after receiving medical care or after being forced to miss work. Your employer should provide all the necessary insurance claim forms. When you file the claim, the insurance provider has 30 days to accept or deny the claim and start paying you the benefits. While the claim is being examined, the employee should still receive medical care.
What Happens in a Henderson Workers’ Compensation Hearing?
As your workers’ compensation case progresses, you may need to attend a mandatory settlement conference before a judge for a hearing or an appeal. The mandatory settlement conference is the first hearing for workers’ compensation cases. The employee may be required to appear at additional hearings or be deposed. A settlement conference is a stepping stone for the rest of the case.
The next phase is a hearing, conducted similarly to a trial. The employee’s level of disability and overall compensation is decided during this stage. Witnesses are called at this hearing, and both sides present their arguments. Such hearings differ from normal trials in many ways. The rules of evidence and hearsay are relaxed. Additionally, the hearing occurs before a judge and not a jury.
Types of Injuries Covered by a Henderson Workers’ Compensation Claim
Workers’ compensation will offer benefits to an injured employee, whether the injury was caused by the employer’s or the employee’s negligence. Provided the injury suffered is work-related, workers’ compensation covers it.
The injuries covered include:
- Repetitive stress injuries.
- Gradually developing diseases brought on by the working conditions.
- Physical injuries.
- Trauma injuries.
- Mental injuries from physical injuries.
- Occupational diseases.
Injuries Not Covered by a Henderson Workers’ Compensation Claim
Workers’ compensation covers the majority of workplace injuries.
There are several exceptions, such as:
- Self-inflicted injuries, like those sustained during a fight.
- Injuries brought on by committing a serious crime.
- Injuries from employee behavior that violates company policy.
- Injuries sustained while under the influence of alcohol or illegal drugs
- Injuries brought on by an employee’s reckless behavior.
People Henderson Workers’ Compensation Doesn’t Cover
Several employee groups are not eligible for workers’ compensation benefits.
These include:
- Business owners.
- Government employees covered by the state’s program.
- Independent contractors
- Farm workers.
- Domestic workers who are privately employed.
- Railroad workers.
- Maritime workers.
- Unpaid volunteers.
Henderson Workers’ Compensation FAQ
How Long Do You Receive Workers’ Compensation in Henderson?
The type of disability you have and the extent of your injuries will determine how long you will receive the workers’ compensation benefits. In most cases, workers’ compensation covers your medical expenses until you recover and for as long as the treatment is deemed necessary by a doctor.
If you qualify for the temporary disability benefits, you will receive regular payment until:
- You start working again.
- You are cleared to work by your doctor.
- The injury has healed properly.
According to the Henderson Workers’ Compensation Laws, temporary disability benefits are typically available until the injury ceases. You may be eligible for monthly payments for years if you have a certain type of long-term injury, such as serious burns or lung disease.
If a work accident results in a permanent disability that prevents you from working again, you may be eligible to receive workers’ compensation benefits for the rest of your life. If your condition is severe, you may receive lifetime disability compensation.
Will a Workers’ Compensation Cases End in Settlement?
Workers’ compensation cases may not always be settled. If you sustained permanent disability or injuries, your compensation case might be settled. You likely won’t get a settlement if your injuries are minor, and you can continue working after a short while.
When it comes to accepting a settlement, you must be cautious. It is advisable to hire a lawyer to help you fight for a comprehensive and fair settlement. You should ensure that the settlement offered covers your current and expected future expenses because accepting a settlement prevents you from filing a subsequent lawsuit. You will need a lawyer to calculate the cost of damages you have suffered and any anticipated future damages to determine if the settlement offered is adequate. Avoid the temptation to accept the insurance company’s first settlement offer.
Remember to have our lawyers review the settlement offer before accepting it. A lawyer will know what fair compensation is for you and your case.
How Our Henderson Workers’ Compensation Attorneys Can Help You
Workers’ compensation lawyers will assist in defending your rights and advocating for full compensation.
A lawyer can assist in several ways, such as:
- Giving legal counsel.
- Assisting you in pursuing the benefits owed.
- Proving your illness or injury was work-related.
- Collecting the required medical records.
- Proving that you are unable to work.
- Proving employer negligence.
- Get a fair settlement.
- Filing personal injury lawsuits for third parties.
- Appeal a denied workers’ compensation claim.
- Communicating with your employers’ insurance company.
- Assist you in pursuing benefits for retraining and rehabilitation.
Most importantly, having legal representation from a professional will give you peace of mind, knowing someone is looking out for your interests. Workers who sustain workplace injuries may experience pressure from their employer or the insurance provider to report back to work before fully recovering. It’s also possible for an employer to treat you unfairly or discriminate against you if you resume work after your injury.
A workers’ compensation attorney is familiar with the challenges you can encounter when filing a claim. They will examine your claim from every viewpoint to maximize your benefits and compensation. Your eligibility for other benefits, such as Social Security disability, can also be determined by a workers’ compensation attorney.
Does Workers’ Compensation Cover Pre-Existing Conditions?
Workers’ compensation provides compensation for workplace injuries resulting in missed work and medical costs. Getting benefits from a workers’ compensation claim might be challenging when you have a pre-existing medical condition. For instance, if you have previously received compensation benefits for an injury to the same body part. In this situation, you will get reduced benefits from the workers’ compensation.
How Much Payment Do You Receive From Workers’ Compensation in Henderson?
It might be challenging to estimate the precise amount of compensation you might be eligible for from your workers’ compensation claim in Henderson. Your final settlement amount is determined by the severity of your injury, medical expenses, missed pay, and other losses resulting from the work accident. Henderson workers’ compensation should generally pay for any financial losses brought on by your workplace injury.
If you cannot return to work, you may also be eligible for temporary disability benefits worth up to two-thirds of your income. You might also be eligible for career-related benefits, such as educational training or rehabilitation and medical benefits.
In cases where an employee suffered a fatal injury, as a spouse or family member, you may be entitled to death benefits. Death benefits cover the funeral and burial costs. In Henderson, the workers’ compensation payment for death benefits is up to $10,000.
Edward Bernstein and Associates Can Help You With Workers’ Compensation
You shouldn’t stress about your paycheck, medical treatments, and other expenses if you have suffered a workplace injury. Workers’ compensation is meant to benefit you. Unfortunately, getting compensation is not always as simple as it seems, particularly if your injury was severe and resulted in temporary or permanent disability. The workers’ compensation insurance may be able to compensate you, but you may have to fight for the compensation you deserve.
A Henderson personal injury lawyer can protect your rights and defend your interests even in challenging cases. We can thoroughly evaluate your claim and damages to obtain fair compensation. Contact us at Edward Bernstein and Associates at (702) 728-4137 for your free consultation and learn how we can assist with your Henderson workers’ compensation claim.