If an employee is injured on the job in the state of Nevada, it is important that the employee immediately report the injury to an employer supervisor. The employer should then provide the employee with proper paperwork which includes, Form C-1 (Notice of Injury or Occupational Disease) in addition to Form C-4 (Employee’s Claim for Compensation/Report of Initial Treatment).
The C-1 form will create a record of the employee’s injury and will serve as proof that the employer was informed of the injury. However, the completing of the C-1 form will not begin the injured employee’s worker’s compensation claim.
The completion of the C-4 form will actually start the worker’s compensation claim. This form will be completed upon the employee first visiting a medical provider for treatment. After the physician fills out their portion of the C-4 form, they will send a copy to the employer and the insurer. The C-4 form must be completed, with physician signature, within 90 days from either the date of injury or the date of first noticing the onset of an occupational disease. It is advised that the injured employee retain a copy of the C-4 form for their records.
The type of doctor or physician sought for treatment must be authorized through the employer’s insurance. This means that the medical professional may be part of a Managed Care Organization, Preferred Provider Organization, or Health Maintenance Organization. An employee must first check with their employer before choosing a medical professional for care. If an employer is not forthcoming with the type of provider required, the employee should contact the Workers Compensation Section of the Division of Industrial Relations in Las Vegas/Henderson at (702) 486-9080 or in Carson City at (775) 684-7270.
An injured employee may be entitled to many benefits including:
- Medical treatment (by an authorized physician);
- Lost time compensation (applies when an employee is unable to work for five consecutive days, or five cumulative days within a 20-day period. If a medical report indicates that the employee cannot work because of a work covered injury or disease, then Temporary Total Disability payments may be received);Permanent Partial Disability (a benefit based on a determination by a physician that because of the injury or disease, the employee has a permanent impairment even after treatment has been completed. The determination must be made by a doctor. Upon this determination, the insurer may offer a lump sum award. A lump sum award will always be less than an award that is paid out in installments over time);
- Permanent Total Disability;
- Vocational Rehabilitation;
- Dependent’s payments in the event of death; and
- Other claims-related benefits or expenses
It is important to note that Nevada is an “employment-at-will” state. In other words, an employee may be fired at any time, without reason, but may not be fired solely for filing a worker’s compensation claim. Further, an employer cannot refuse to allow an employee to file a worker’s compensation claim. It is instead up to the insurer to accept or deny a compensation claim. If an employee feels that their claim is not being handled properly, the employee should again contact the Workers Compensation Section of the Division of Industrial Relations. If an employee does not agree with an insurer’s determination of their claim, an appeal may be had. The appeal must be filed within 70 days. If the injured employee has written a request to the insurer and 30 days have passed without a response, the injured employee may appeal to a Hearings Officer and must do so within 70 days of the day the original appeal letter was sent to the insurer.
If a claim is closed but a work injury or occupational disease changes, the injured employee may request that the worker’s compensation insurer re-open the claim for the purposes of obtaining further medical treatment and benefits. To re-open a claim, the injured employee must provide a doctor’s written statement agreeing with the need as well as asking the claim representative to re-open the claim via written request.
Of course, there is always the chance of the unfortunate circumstance where an employer does not have state-required worker’s compensation coverage. If this event arises, the injured employee should seek medical treatment and complete the C-4 form but make the physician completely aware that the employer may not have proper coverage. After an investigation is conducted, it is possible that benefits will be provided by Nevada’s Uninsured Employer Account.