Workers Comp Case: Why You Need a Lawyer
Posted by: albright on Fri, Jun 07, 2019Share this post
Workers compensation insurance protection is required of all Nevada employers, even when they have only one employee. While sole proprietors and some partnerships are exempt, Nevada employers will typically carry workers compensation insurance in some form. Nevada now uses a private carrier system as opposed to the old monopolistic system, adding this provision in 1999. Claims are still handled through the Division of Industrial Relations, so all cases are processed in a specific worker’s compensation court. This means that all insurers will be governed by the state with respect to paying benefits. However, this arrangement does not mean that private insurers cannot be difficult, which always requires experienced representation from legal pros like Albright Stoddard Warnick & Albright Las Vegas workers comp attorneys for proper benefits.
Defending a Denied Claim
The private insurance model used in Nevada means that there are insurance providers that will commonly deny claims for minimal reasons or stop benefits after they have begun. This is especially true with high-value claims. Short-term nominal injury cases typically are processed according to the system. The novice injured worker is at a disadvantage when attempting to deal with the trained professional negotiators working for insurance providers, which means the injured claimant will need their own negotiation team building a case for their benefit. Many private workers comp insurance providers supply plans that mimic standard worker’s compensation insurance, and whole damages could be available in certain injury cases.
While workers compensation insurance is designed to protect employers from costly general damage claims for pain-and-suffering, there are also situations where general damages could be available based on the type of insurance plan and the behavior of the employer. General damage claim protection does not give employers a license for non-compliance regarding OSHA standards or any other activity that could establish negligence. It only protects compliant employers. Your workers comp attorney can investigate all factors in the case and file for whole damages when applicable.
Contact a Nevada Workers Comp Attorney
Never accept the word of your employer regarding your workers comp claim. Injured workers in Nevada should always contact Albright Stoddard Warnick & Albright Las Vegas workers comp attorneys for aggressive representation.