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How To Win Workers Comp Case

August 20th

How To Win Workers Comp Case

Getting injured on the job is hard enough, and if you qualify for a workers compensation claim, you don’t want a lack of knowledge or preparation to keep you from getting the compensation you deserve. Read on to learn exactly what you need to know to successfully file a workman’s compensation claim and win your case.

What You Need to File Workers Comp Claim in Nevada

If you want to file for a workers comp claim there are a few things that you will need to be able to do so. 

First, you will need a C-4 form – the Employee’s Claim for Compensation/Report of Initial Treatment.” The workers compensation process begins when a C-4 form is sent to your employer’s insurance company. The C-4 form must be filled out by you and your medical provider or physician, who should then send a copy to your employer.

Note that your workers comp claim must be filed within 90 days of the incident (including getting a signature from your medical provider on the form), so do not miss this deadline. From there, the insurance company has 30 days to accept or deny the claim; they will send you a letter letting you know the decision. It is possible that only part of your claim may be accepted, so be sure to read through this letter in detail.

As part of your workers compensation claim, here are some of the benefits that may be included, according to the Nevada Attorney for Injured Workers:

  • Coverage of medical treatments
  • Compensation for lost wages (TTD)
  • Permanent Partial Disability (PPD)
  • Permanent Total Disability (PTD)
  • Vocational Rehabilitation
  • Payment to your dependents in the event of your death
  • Other claims-related benefits or expenses (i.e., mileage)

What You Need For Workers Comp Case

If you decide to move forward with a workers compensation case in Las Vegas (or the state of Nevada), here is a list of action steps you can use to guide you in the process:

    1. Make sure you have a legitimate workers comp claim – First, make sure that your sustained injury is a legitimate injury covered by workers comp. There are a few main injury types that are typically sustained on the job, including repetitive strain injury. Read more examples of legitimate workers comp injuries here
    2. Have correct documentation – Next, ensure you have proper documentation of everything that happened leading up to the event of your injury. Be sure to meet with a medical provider and obtain the C-4 form mentioned above, in accordance with Nevada guidelines. Then, proceed with getting an attorney. 
  • File an appeal if your claim is denied – It is likely that your first claim may be denied or only partially accepted. In this case, you should work with your attorney to file an appeal.
  1. Keep detailed records – Throughout the process, be sure to keep detailed and accurate records. Workers’ comp cases can become lengthy processes, and having solid documentation will aid you in getting the best possible result. In addition, if your injuries get worse over time, these records will help you reopen the case.  

Do All Workers Comp Cases End In Settlement?

No, not all workers’ comp cases end in settlement. You must understand that your employer does not have to agree to settle your claim. Likewise, you do not have to agree with a settlement offer proposed by your employer. 

However, if you do accept a settlement, you will not be eligible to claim additional benefits. Do your research before taking action and work with an attorney to ensure you make the best possible decision for you. 

Additional Workers Comp Claim Questions

Here are some other commonly asked questions about workers comp claims, as well as situational aspects of receiving workers compensation settlements.. 

How Long Does It Take To Get Workers Comp Settlement Check

The amount of time ranges depending on the case and other factors affecting your claim,, but generally it can take 2-8 weeks to receive a workers comp settlement check. However, if the insurance company is late in getting payment to you, they will owe you a penalty – another great reason to take detailed notes and keep records of what is said throughout the process. 

How Is Workers Comp Settlement Calculated

A workers comp settlement is calculated based on a number of elements involved in the injury, specifically the extent and scope of the injury incurred. The two main types of major worker comp injuries are temporary disability and permanent disability. For each of these, there is a partial and total payment.  Here are some of the common workers comp injuries and their settlement calculations, according to NOLO:

  • Temporary Total Disability – TTD benefits are two-thirds of your average monthly wage, up to the maximum amount that’s adjusted every year. 
  • Temporary Partial Disability – TPD benefits amount to the difference between what you would receive for TTD and what you’re actually earning.
  • Permanent Total Disability – If it is determined that you are permanently totally disabled, then you will receive monthly payments at your TTD rate for as long as the disability continues.
  • Permanent Partial Disability –  If it is determined that you are permanently partially disabled, you will be assigned a permanent impairment rating, in the form of a percentage. For each percent of impairment, you will receive 0.6% of your average monthly wage at the time of your injury.

What To Do If Fired After Workers Comp Settlement?

If you are fired because of workers comp settlement, then you are a candidate for filing a wrongful termination suit. As part of a wrongful termination suit, you may be able to back pay, damages, and more. 

How Does A Workers Comp Settlement Affect Social Security Disability?

If you have received a workers comp settlement lump sum, then you likely won’t incur any major changes to your social security disability. However, if your workers’ comp settlements are made over time (such as in the case of permanent partial disability, for example), then there may be some effects on your social security disability. According to the AARP, when you are getting workers’ comp in periodic payments, “social Security adds them to your SSDI to determine the amount of the offset.”

The Ruiz Law Firm Can Help You Receive Proper Compensation

By now, you should have a better understanding of how to successfully approach a workers compensation case. If you are currently evaluating a potential workers comp case in Nevada, visit our workers compensation practice page for some great resources, and feel free to contact us today for a consultation on legal representation.

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*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

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