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.
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:
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:
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.
Here are some other commonly asked questions about workers comp claims, as well as situational aspects of receiving workers compensation settlements..
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.
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:
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.
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.”
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.
*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.
Ruiz Law Firm