THE NEED TO KNOW FOR WORKERS’ COMPENSATION CLAIMS
You can lose the rights you have if you don’t know all of the hoops to jump through.
You need a guide to take your hand and walk you through
You must report your injury “as soon as practicable, but within 7 days after the accident”. NRS 616C.015.
How do I report my work injury or occupational disease?
Immediately Talk to Your Supervisor
The longer you wait, the more likely they will deny the claim and try and pin it on you hurting yourself at home. You will need to have the following forms filled out and turned in?(The account of how the accident occurred MUST match on each form.)
C-4 form (Exhibit 1).
It is very important that you fill this out and state how the accident occurred the same as you tell the medical doctor.
C-4 forms are used for all of your treatment and used in court, so it is important that you read and understand everything. If you do not understand, ask before filling it out. You will sign this form. Make and KEEP A COPY of it.
C-1 form (Exhibit 2).
This is also known as the incident report. The account of how the injury occurred must match the account of how the injury occurred on the C-4 form. If the employer writes something that you do not agree with, write I disagree with what was written and sign (this is rare, but has been litigated). You will sign this form as well.
C-3 (Exhibit 3).
This form is filled out by the employer and sent to the Insurance carrier. You will NOT sign this form.
Get Medical Attention and Treatment
If you are not taken by ambulance, then you will likely go to Concentra or an Urgent care. They MUST fill out the C-4 there and the medical doctor signs it. All medical records will be used in court, so be mindful of what you tell the medical doctor and what you write. Be absolutely thorough in explaining your symptoms and filling out the diagrams attached as Exhibit 4.
It cannot be expressed enough on how important the first medical examination is and the following medical examinations. Tell them everything that hurts, even if you think it is not that big of a deal.
Example. A worker trips and falls, landing with outstretched hands hitting the ground. The body parts that are affected are obvious, they hurt. However, the less obvious injuries can be overlooked because they are not as painful, for example, the neck and shoulders. If you do not complain about them, then it becomes a nightmare to get them treated and included and can cost you out of pocket money.
Get Representation Immediately
A workers’ compensation claim is not a lawsuit, it is a claim. You are not suing your employer, rather you are making a claim for medical benefits and financial compensation where applicable. Workers’ compensation is not only complicated, it is a quagmire.
Getting representation protects you, your family and your future. The adjuster has no personal interest in you. In fact, the insurance companies have many local attorneys that advise those adjusters on a daily basis.
Those same adjusters are the ones that you will see if you try and handle your claim on your own. You have worked to protect your future, do not let an injury take away everything that you have worked for.
Attorney Jacob Leavitt leads and manages the successful workers’ compensation team here at Bighorn Law. The workers’ compensation team is dedicated to making the often times painful and confusing process of workers compensation into a better experience to get injured workers back into their lives.
NATHAN MORRIS is a native of Las Vegas and graduate of Green Valley High School. An alumnus of UCLA School of Law, he is licensed to practice law in Nevada, California, and several tribal courts around the nation. Nathan worked for years out of New York and Los Angeles with one of the nation’s most successful class-action plaintiff’s law firms where he represented unions, municipalities, tribes, and individuals across the nation in multi-million dollar litigations. Nathan has returned to his home here in Las Vegas, Nevada to represent those in our valley in need. Nathan’s practice is focused on personal injury litigation and criminal defense.