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Understanding Workplace Injury Claims In Las Vegas

Proving Employer Or Third-Party Liability

Nevada workplace compensation is a “no-fault” insurance meaning the employee who was injured does not need to prove the employer was negligent in order to receive benefits. However, in cases where a third-party was responsible for the accident, you will need to prove liability. In these cases, your lawyer will conduct an investigation and find all the evidence necessary for a strong case.

How To File A Workers’ Compensation Claim

When you are injured at your workplace, the steps you take immediately after the accident are important. First of all, you will have 7 days to report the accident to your employer and sooner the better. You will get medical care from an approved medical facility and you should complete and submit a Claim for Compensation. This form will start the process and you will receive an answer with either an acceptance or denial within 30 days.

Filing Deadlines For Workplace Injury Claims In Nevada

Workers’ Compensation deadlines are very important and missed deadlines can bar you from being able to file. While you only have 7 days to tell your employer about the injury, you will have 90 days from the date of the accident to file a Claim for Compensation. If you are filing a third-party lawsuit, the statute of limitation is 2 years from the date of the injury. Hiring a lawyer after a workplace injury can help ensure you don’t miss any important deadlines.

How Compensation Is Calculated In Workers’ Compensation Cases

Workers’ compensation claims are purely based on economic losses such as medical expenses and lost wages. Lost wages are typically calculated as a percentage of the victims monthly income and start at a state minimum. Temporary benefits will be paid out until the worker reaches their Maximum Medical Improvement. If the injury caused permanent limitations, they will likely be given permanent partial disability.

Benefits Of Working With A Workplace Injury Lawyer

At Goldberg Injury Law, we are dedicated to providing you with the maximum amount of compensation possible. Not only that, but with our knowledge and experience, you don’t have to stress over whether or not you’re meeting deadlines or getting treatment at the right medical facilities. We will handle negotiations, fighting denials, delayed payments, and more. When you hire us, you can focus on recovery knowing your compensation claim is being handled.

Cost Of A Workers’ Compensation Lawyer In Las Vegas

At our law firm, we believe in helping whoever we can get compensation for their injuries without upfront costs. We work on a contingency-fee basis meaning, we will only take a percentage of your payment IF we win your case. You do not have to pay anything if we lose. This can give you peace of mind as you get the professional legal help you need to fight for fair compensation as you recover your damages after a workplace injury.

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Our Clients’ Testimonials

5-Star Rated Las Vegas Workplace Injury Attorneys

Working in the insurance industry the advice I can give you , is if your injured seek legal help to help you get the treatment and necessary assistance you need with out the hassle. Paula & Yanira shared my case and they were wonderful. They were awesome at keeping me informed & in the loop.

Adriana Garcia ★★★★★

I was treated like family from the very first day I met Mrs. Katie and my Case Manager Paula at my job. Yes they came to my job because I couldn’t get to them. They both listened to my story and after that it was all up hill. My Case Manager Ms. Paula always stayed in contact with me updating me through the whole process.

Monica ★★★★★

I reached out to the law firm on the evening of the accident. Paula Lopez immediately returned my call fallowed by katie. They held my hand through the entire process and I felt like they always went above and beyond for me. The entire experience from start to finish was so easy and I knew how hard they were working for me to get me healed and a great settlement.

Deja Berkham ★★★★★

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Benefits Available Through Workers’ Compensation

Medical Treatment (Past and Future)
One of your biggest costs after a workplace accident injury will be for your medical treatment. Workplace compensation will cover this, both for past and future costs. Reach out to our lawyers for help putting together an idea of what you could be compensated for.
Temporary Total Disability (TTD)
Workplace compensation will cover you if you are unable to work for a period of time due to the workplace accident or occupational disease. While these benefits will not cover your entire income, they will be a significant help during your recovery.
Temporary Partial Disability (TPD)
Temporary partial disability can be helpful if you are able to return to light-duty work and this reduction of responsibility reduces your income as well. This is lost earning capacity and your employer’s insurance will help you cover this.

Permanent Partial Disability (PPD)
Some workplace injuries allow you to continue to work, but may cause permanent impairment in how you are able to function in your job. In these cases, your lawyer will ensure you are covered under permanent partial disability through your workplace compensation.
Permanent Total Disability (PTD)
In certain cases where an injury is significant and life-altering, you may qualify for permanent total disability. This benefit allows you to get compensated for your lost income for your lifetime. Don’t face your workplace injury alone, reach out to us today!
Vocational Rehabilitation
When you have experienced a work injury that does not allow you to return to the same vocation as you were in, it can be disorienting. Workplace compensation provides vocational rehabilitation allowing you to be compensated for training in another field.
Death Benefits
In the extremely unfortunate event that your loved one died in a workplace accident, you may be entitled to workplace compensation to cover funeral expenses, lost income support, and more. Talk to our lawyers to help walk you through this difficult time.

Meet Katie Goldberg, Founder & Lead Trial Attorney

Focused On Maximizing Compensation With Personalized Client Care

Let Katie Goldberg be your go-to personal injury lawyer in Las Vegas and surrounding areas. Katie has built a solid reputation for her passion to protect the rights of her clients and for her personal approach. She has a track record of success and offers 24/7 availability. When you hire her, you will get her personal cell phone number, emphasizing her dedication to your case. Katie has an impressive background and most recently boasts several successful outcomes in very complex cases. If you are hoping to get the most out of your workers’ compensation case, maximizing your settlement while receiving care that is personal and compassionate with you and aggressive while dealing with employers and workers’ compensation insurance, you can count on Katie Goldberg and her team. Reach out to Goldberg Injury Law today to get started with a consultation!

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Katie Goldberg, our Trusted Workplace Injury Attorney in Las Vegas, NV

Steps to Take If You Are Injured on the Job

Step1Reporting the Injury (C-1 Form & 7-Day Deadline)

You will have 7 days to let your employer know about your workplace injury and to fill out Form C-1. Be sure to follow this deadline as failure to do so will bar you from being able to file for workers’ compensation.

Step2Emergency Care vs. “Authorized Medical Providers”

If your injury is an emergency, you can go to any ER in order to receive care. If it is not, your employer will advise you on which medical providers are authorized and handle workers’ compensation cases. You will be limited to seeing these providers.

Step3Filing Your Official Claim (C-4 Form & 90-Day Window)

From the date of your injury, you will have 90 days to file your workers’ compensation claim. Typically, this is done by the authorized medical provider that you see. However, it can be done by you as well after you receive your initial medical care.

Step4The 30-Day Insurance Acceptance or Denial Period

Las Vegas Workers’ compensation insurance has 30 days to accept or deny your claim when they receive it. There are many deadlines when it comes to workers’ compensation claims, so be sure to have a skilled lawyer advocating for you.

Step5Appealing a Denied Claim (70-Day Statute of Limitations)

If your claim is denied, not to worry, you still have options. You will have the chance to appeal your denied claim and you will have 70 days to do so. If you do have to navigate an appeal, this can be a very helpful time to hire a lawyer.

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Work-Related Injuries And Illnesses

Workers’ compensation covers both work-related injuries such as slip and falls, strains, back injuries, falls from heights, car accidents, and cuts as well as work-related illnesses such as occupational lung disease, hearing loss, skin conditions, heat illness, and more. In order to have a successful claim, you must prove that your injury or illness happened while you were working and that your job duties caused the illness. From there, medical evidence must exist to corroborate these things. When you hire our law firm, we will help you navigate your claim from start to finish, ensuring you get the compensation you deserve.

Traumatic Brain Injury (TBI) & Concussion Settlements

Spinal Cord Injuries & Paralysis Claims

Back, Neck, & Herniated Disc Injuries

Amputation & Loss of Use Benefits

Repetitive Stress Injuries (Carpal Tunnel Syndrome)

Crush Injuries & Heavy Machinery Accidents

Occupational Diseases: Heart, Lung, & Cancer Claims

Workplace Wrongful Death & Survivor Benefits

High-Risk Workplace Accidents & Third-Party Liability

Slip, Trip, and Fall Accidents (Premises Liability)

If you have experienced a slip, trip, or fall at your workplace, our lawyers can help you determine if your employer or a third-party should be held responsible.

Electrocutions, Arc Flash, & Burn Incidents

You can acquire severe burns, cardiac arrest, neurological injuries, or other severe injuries from electrocutions, arc clashes, or other burn incidents. With a skilled lawyer by your side, you don’t have to face these injuries alone.

Repetitive Motion & Overexertion Accidents

Repetitive motion and overexertion can lead to carpal tunnel, tendonitis, shoulder, or back injuries. Goldberg Injury Law is ready to help you navigate workplace compensation.

Heavy Lifting & Manual Material Handling

Don’t wait to get help from a skilled workplace compensation lawyer after an injury due to heavy lifting or manual material handling. We will walk you through the claims process.

Toxic Chemical Exposure & Hazardous Material Spills

If you have been exposed to toxic chemicals or hazardous materials, you may want to consider filing a workers’ compensation claim to get a settlement for your damages.

Construction Site Falls, Scaffolding, & Crane Accidents

You can either file a workers’ compensation claim or a personal injury lawsuit depending on the responsible party in construction site falls, scaffolding, or crane accidents.

Defective Machinery & Equipment Failures (Product Liability)

Defective machinery and equipment failures can lead to life-altering and catastrophic injuries. Make sure you are compensated for your damages by reaching out to our law firm today.

Timeline Of A Las Vegas Workers’ Compensation Case

Reporting the Injury (7 Days) & Filing the C-4 Claim Form (90 Days)

You have 7 days from the accident to report your injury to your employer and 90 days to file with insurance. If you miss these deadlines, you will be barred from compensation.

Insurer Review & Start of TTD Wage Replacement Benefits (Month 1)

Once the Las Vegas workplace compensation insurer receives the claim, they will have 30 days to accept or deny. If accepted, your benefits will start.

Medical Treatment & Reaching “Maximum Medical Improvement” (Months 3–9+)

The longest part of the workers’ compensation process is receiving medical care. This can take several weeks to months until you reach maximum medical improvement.

Settlement Negotiations & PPD Impairment Ratings (Months 6–18)

Your settlement amount is impacted by your permanent disability impairment rating. Settlement negotiations can start months into the process and can take some time.

Resolution: Receiving Your Lump Sum Settlement Check (30–60 Days Later)

Typically, you can expect minor injuries to take 3-6 months to resolve, typical injuries, 6-12 months to resolve, and serious injuries to take much longer.

Visit Our Workers’ Compensation Law Office in Las Vegas

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6010 S. Rainbow Blvd., STE A1. Las Vegas, NV 89118

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Katie´s Cell: 702-702-9585 Office Line: 702-529-2661

Frequently Asked Questions About Nevada Work Injury Law

Can I Be Fired for Filing a Workers’ Comp Claim in Nevada?

No, you legally cannot be fired for filing a workers’ compensation claim. If you are fired BECAUSE of the workers’ compensation claim, you can file a wrongful termination claim. However, they can still fire you if they were planning on doing so before the workers’ compensation claim and the reason is legitimate and documented. If you were fired soon after a workers’ compensation claim, certain policies were enforced against you and other others, or you were pressured to not file a claim, you should reach out to a lawyer to understand your options.

Do I Need a Lawyer to Maximize My Settlement?

You are not required to have a lawyer in order to file workers’ compensation or even get as much as you can out of the settlement. However, workers’ compensation can be complex with many rules and deadlines. It is common for a workers’ compensation lawyer to increase your settlement when they get involved. Especially if your injury resulted in permanent impairment, surgery, chronic pain, future medical care, or a dispute with your employer or the insurance.

Can I Choose My Own Doctor for a Work Injury?

Generally, you cannot. Your initial treatment for Workers’ Compensation must be done within the Managed Care Organizations. Your employer will likely tell you where you can go to be treated. If the accident caused an emergency, you can go to any ER, however. After your initial visit, you can choose a doctor, but they still must be within the Managed Care Organization and accept workers’ compensation. If you get treatment from a doctor outside this organization, you can have your claims denied. At Goldberg Injury Law, we help make sure you get the treatment you need from the right doctors so you are compensated and get the best care possible.

Can I Still Get Benefits If the Accident Was My Fault?

Yes. Unlike personal injury lawsuits, workers’ compensation insurance can cover you even if you are at-fault. This is because workers’ compensation in Nevada is a no-fault system. You don’t have to prove anyone was at-fault in order to get benefits. However, there are a few situations where you may be disqualified from workers’ compensation such as if you were intoxicated when the accident happened, the accident occurred because of intentional self-harm, non-work-related horseplay or fighting was involved, or willful misconduct happened resulting in the accident.

Are Workers’ Compensation Settlements Taxable?

Typically no, your workers’ compensation is not taxable. The IRS sees it as compensation for injuries instead of income. Where it can be taxable is if you are compensated while also receiving Social Security Disability Insurance AND part of your workers’ compensation reduces your SSDI. In this case, the offset portion may be taxable as Social Security income. You can also be taxed if your settlement includes interest, or if you are awarded punitive damages. Understanding whether you will be taxed or not on your workers’ compensation is important and your lawyer can walk you through this.

Does Workers’ Comp Pay for Pain and Suffering?

No, Las Vegas Workers’ Compensation does not cover any non-economic damages such as pain and suffering because the system is a no-fault system. The system is designed to quickly pay for tangible damages such as medical treatment and partial wage replacement. If you want to be compensated for your pain and suffering, you will have to file a personal lawsuit. However, if your employer has workers’ compensation and the injury is covered under this insurance, you are now allowed to pursue a personal injury claim against your employer. You can file a personal injury lawsuit if the injury happened due to a third party. Contact us at Goldberg Injury Law to evaluate your options.