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Injured workers' have workers' compensation rights


In most situations, workers who are injured on the job in Nevada have the right to workers' compensation to pay for their injuries. However, laws govern the reporting of these injuries and coverage.

All employers in this state must have workers' compensation insurance. Benefit types and calculations must be identical even if the type of coverage is different. Insurance may be provided by private insurance companies, and self-insured employer associations or groups or employers may self-insure. The state enforces workers' compensation laws and regulations. It collects information regarding coverage, adjudicates appeals, investigates and prosecutes fraud, and assists injured workers with this process. Employees who suffer a work-related injury should complete the paperwork provided by their employer.

Medical care should be sought if needed. However, workers must visit an authorized medical provider or, in some cases, an authorized managed care organization, preferred provider organization, health maintenance organization, or an insurance company's internal managed care unit. In an emergency, injured workers should go to the nearest emergency room and follow instructions from its staff.

Workers' compensation benefits may include payment for medical expenses, compensation for lost time such as temporary total disability or temporary partial disability, permanent total disability, vocational rehabilitation, and payments to dependents if the worker dies. Other claims-related benefits may be paid, too, such as reimbursement for mileage.

Any worker who disagrees with a determination on their claim may appeal a decision to a state hearing officer within 70 days from an insurer's determination or 30 days from a managed care organization's determination. Workers may be represented at these hearings.

Failure to comply with state laws and regulations can have damaging financial consequences for a work accident victim and their family. Workers may, however, seek legal assistance to help them fight for the workers' compensation benefits they need and deserve.

Source: State of Nevada, Department of Business and Industry, "Employee Guide/Workers' Compensation," accessed April 14, 2017

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