Nevada Workers' Compensation

Nevada Work Injury - You have Rights

2011-06-08T17:39:00.000-07:00

If you have been injured on the job in Nevada know your rights!

Temporary Total Disability, Permanent Partial Disability, and Vocational Rehabilitation.

Don't allow the insurer to minimize your work injuries.

Call 702-547-3944 now!

Aggressive representation guaranteed

2011-05-09T16:37:00.000-07:00

While I cannot promise you a particular result I can promise that you will receive aggressive representation for your Nevada work injury. If you have been injured on the job contact my office today to schedule your free consultation. 702-547-3944.

Happy New Year - 2011

2010-12-28T06:41:00.000-08:00

We wish you all the best in the upcoming new year and we thank all of our clients for allowing us to assist you in 2010.

Your friends at The Law Office of David R. Fischer.

Nevada Supreme Court adopts the increased-risk test

2010-12-08T13:08:00.000-08:00

The case is Rio All Suite Hotel & Casino v. Phillips, 126 Nev. Adv. Op. No. 34, ___P.3d___(September 30, 2010). Even if a risk to which the employee is exposed "is [not] qualitatively . . . peculiar to the employment," the injury may be compensable.

Bottom line - this case is a win for Nevada injured workers. For a free Nevada workers' compensation consultation contact Fischer Sanders, LLP today at 702-547-3944.

Nevada work injury?

2010-11-15T08:25:00.000-08:00

The Law Office of David R. Fischer is here to help. Call today for a free consultation. 702-547-3944.

Follow my law office on Twitter and Facebook

2010-08-16T11:04:00.000-07:00

My Facebook page is linked to this page.

You can access my Twitter account by going to www.twitter.com and searching for:

FischerLaw

As always if you have been injured my consultation is free! Also, no fee unless there is a recovery.

It doesn't get much better than this.

David

Nevada Lawmakers considering legislation which would provide for higher penalties against employers

2010-07-12T08:46:00.000-07:00

See the following Las Vegas Review Journal Link for more information:

http://www.lvrj.com/news/employers-may-face-higher-penalties-98190369.html?ref=369

Nevada Division of Industrial Relations Latest Newsletter

2010-06-07T12:09:00.000-07:00

This might be of interested to Nevada injured workers:

http://dirweb.state.nv.us/WCS/summernews.pdf

If you have any questions, my office is available for a free consultation. Call 702-547-3944.

Activities of Daily Living must be considered by Nevada rating physicians/chiropractors

2010-04-19T14:27:00.000-07:00

The Nevada Supreme Court, in the case of NAIW v. Nevada Self-Insurers Assoc. (available at http://www.nevadajudiciary.us/index.php/advancedopinions/669-naiw-v-nevada-self-insurers-association-) decided that Nevada Rating physicians/chiropractors were required to consider whether a Nevada injured worker's activities of daily living were adversely affected by an on-the-job back injury. Up until approximately 18 months ago, Nevada injured workers could receive up to an additional 3% PPD impairment rating, if, in addition to the objectively, indentifiable back injury (e.g. herniated/ruptured disc) the Nevada injured worker had subjective complaints regarding the injuries impact on activities of daily living (putting on shoes, picking up a child, etc.). This discretionary awarding of disability was challenged in the courts and finally reached the Nevada Supreme Court and the Court recently held that the awarding of disability based on an on-the-job back injury's impact on a Nevada injured workers' activities of daily living was appropriate.

If you are a Nevada injured worker with a back injury you should at a minimum, read the above-linked decision, and if you still have questions feel free to contact my office at 702-547-3944 for a free Nevada workers' compensation consultation.

Beware of Nevada Workers' Compensation Insurers

2010-01-07T12:59:00.000-08:00

On occasion I am asked by a potential client at what point they should get attorney representation in their Nevada workers' compensation case. The answer to this is: the sooner the better. Ultimately, Nevada workers' compensation insurers are not in the business of providing Nevada injured workers with maximum possible benefits pursuant to Nevada law, but to minimize the Nevada injured workers' injuries and to close the claim as soon as possible.

Nevada workers' compensation law has very short deadlines within which certain benefits and entitlements must be claimed or they could be permanently lost. Do not be fooled thinking that the Nevada workers' compensation insurer has your best interests in mind when it comes to telling you what your particular entitlements are. If you have questions consult a Nevada workers' compensation claimant's lawyer. If you have been injured at work, call me at 702.547.3944.

Visit attorney.org

2009-11-05T14:06:00.000-08:00

Attorney.org is one of the top sources of free legal information on the Internet. We provide articles of general and specific information to our visitors regarding common legal issues as well as breaking legal news.

www.attorney.org

Study finds that Employers pressured employees in to not filing workers' compensation claims

2009-09-02T07:18:00.000-07:00

The following article is a great read for Nevada injured workers:

http://www.nytimes.com/2009/09/02/us/02wage.html?_r=1&hpw

According to a survey of workers in New York, Los Angeles and Chicago low-wage employers were surprisingly successful in pressuring workers not to file for workers’ compensation. Only 8 percent of those who suffered serious injuries on the job filed for compensation to pay for medical care and missed days at work stemming from those injuries.

Further, the study determined that, "In instances when workers’ compensation should have been used, . . . one third of workers injured on the job paid the bills for treatment out of their own pocket and 22 percent used their health insurance. Workers’ compensation insurance paid medical expenses for only 6 percent of the injured workers surveyed, the researchers found."

The bottom line is that Nevada workers' compensation is intended as a trade off between Nevada injured workers and employers by ensuring that Nevada injured workers have the necessary medical care and disability benefits as a result of on-the-job injuries while out of work and that employers avoid potentially high damage liability resulting from lawsuits employees could otherwise bring for employers' negligence. Ultimately, as the above cited article makes clear, employers seek to prevent their employees from pursuing Nevada workers' compensation benefits and at the same time avoid potential civil liability. This is simply put not fair!

If your employer has pressured you in to not filing a workers' compensation claim or if your Nevada workers' compensation insurer/third-party administrator has told you that you do not qualify for Nevada workers' compensation benefits contact me for a free consultation at 702.547.3944 or via e-mail. Do not rely on the Nevada workers' compensation insurer/third-party insurer or your employer to give you proper advice as it relates to your Nevada workers' compensation benefits. Workers' compensation in Nevada is a multi-million dollar industry and your employer's interests as well as the Nevada workers' compensation insurers/third-party insurer's interests are not likely to be aligned with what is best for you, the Nevada injured worker. There are very short and critical deadlines for you to obtain Nevada workers' compensation benefits and if you do not pursue your benefits within the deadlines you are likely going to be forever barred from obtaining benefits. Nevada workers' compensation can provide for lifetime benefits if properly pursued. Don't wait, act now!

Assisted Suicide raises interesting questions for persons with disabilities

2009-09-01T06:53:00.000-07:00

The following article in today's New York Times is thought provoking in the context of Nevada work injuries and disabilities. The article informs that the Montana Supreme Court is soon going to decide whether physician assisted suicide is constitutional under the Montana constitution:

http://www.nytimes.com/2009/09/01/us/01montana.html?_r=1&ref=todayspaper

In the context of Nevada workers' compensation and work injuries this raises interesting questions regarding the scope of a doctor's medical care. In other words if physician-assisted suicide is allowed does this mean that maximum medical improvement ("MMI") as used in the workers' compensation context could be reached when a doctor (and the Nevada work comp insurer) decide that the "best" alternative is physician-assisted suicide? In short, before physician-assisted suicide we would have had to go further with a particular course of treatment, but with the option of physician-assisted suicide the best course of treatment and recommendation is physician-assisted suicide. This is a scary, but not inconceivable thought.

It is something worth thinking about as a severely disabled Nevada worker, because anyone who has dealt with the "almighty" Nevada workers' compensation system knows that ultimately what controls the course of a Nevada injured workers' claim is the dollar figure placed on a particular claim or course of treatment by the Nevada workers' compensation insurer. Thus, it is conceivable that with physician-assisted suicide as an option in Nevada that this would become a very attractive option for Nevada workers' compensation insurers inasmuch as it could potentially allow them to avoid high costs for claims.

Yes, the idea underlying physician-assisted suicide is that is it course of treatment the patient desires, but for anyone who has interacted with severely injured or disabled people often times the persons so affected are severely depressed and have simply given up on life, but the fact remains that it is their psychological state which needs treatment in addition to the physical ailment they have and they are far from having reached the proverbial end of the road. However, in a bad state of mind some of these persons conceivably would desire and consent to physician-assisted suicide with a recommendation for the same by their treating physician. This appears to be a major risk.

Of course physician-assisted suicide is unlawful in Nevada, but it is important to be aware of trends in the law because it is possible that what ends up happening in Montana could ultimately end up in the United States Supreme Court and become law for all, including Nevada.

If you have been severely injured at work, give me a call to ensure that you receive maximum compensation for you injury. I am here to help.

Donald and work injuries (In Nevada...)

2009-08-30T18:13:00.000-07:00

Here is something light and fun. It is said that laughter is the best medicine. Enjoy!

Nevada Workers' Compensation Newsletter

2009-08-16T10:19:00.000-07:00

The following is a link to the Nevada Division of Industrial Relations most recent newsletter with information relevant for Nevada injured workers:

http://dirweb.state.nv.us/WCS/summerNews.pdf

If you have any questions regarding the above, fell free to contact me.

Sharon Nelson starts new blog regarding Employee Rights

2009-04-24T07:54:00.000-07:00

This blog will provide you with very helpful information regarding your rights as an employee in the employment law context in Nevada. Employers have certain duties and obligations to their employees and this blog will help you understand some of them. Eventhough Nevada is a right-to-work state this does not mean that employers have a "free for all" and that they can do whatever they want when it comes to hiring/firing of employees. Nevada employers are subject to a number of federal and state laws. For example an employer's conduct is wrongful, if you have been terminated due to a disability or you were passed up for promotion because you are a man.
I highly recommend this blog for more information. Sharon has many years of experience representing employees against their employers and you will surely find her blog regarding Nevada employee rights very helpful:

http://nevadaemployeelaw.blogspot.com/

Misdiagnosed by Nevada Workers' Compensation doctor?

2009-04-23T16:47:00.000-07:00

If you were injured on the job in Las Vegas then you probably were initally treated at either Concentra Medical Center / Fremont Medical Center / Harmon Medical Center. If your injury was misdiagnosed at either Concentra Medical Center / Fremont Medical Center / Harmon Medical Center give me a call to discuss what happened.

The consultation is free. My phone number is 702.547.3944.

Good New York Times article regarding workers' compensation

2009-04-03T08:27:00.000-07:00

This article is a worthwile read for anyone dealing with the workers' compensation system in Nevada. It may provide some explanation regarding why the workers' compensation system, which was intended to help injured workers, has become very complicated and does not really serve the interests of (Nevada) injured workers.

http://www.nytimes.com/2009/04/02/nyregion/02comp.html?_r=1&scp=2&sq=Workers'%20compensation&st=cse

If you have been injured on the job in Nevada, give me a call to discuss your entitlements. The initial consultation is free. I can be reached at 702.547.3944.

Recent publication in Communique

2008-12-21T11:50:00.000-08:00

Below is an article I authored which was published by the Clark County Bar Association this month. You can read it below or access it direct at:

http://www.clarkcountybar.org/index.php?option=com_content&task=blogcategory&id=19&Itemid=42

Workers’ Compensation Practice Before The Nevada Department Of Administration
by David R. Fischer

In Nevada, an employee who has an accident causing bodily injury, which arises out of and occurred in the course of his/her employment, is entitled to all necessary medical treatment for the job-incurred injury. In addition, an injured employee is entitled to temporary total disability (TTD) benefits if the treating physician takes the injured employee completely off of work. (The employee must be taken off of work for a period of five or more consecutive days or five cumulative days in a twenty day period). TTD provides the employee with 66 2/3 percent of the gross average monthly wage he or she was earning on the date of injury (the maximum income allowed for 2008 is 66 2/3 of $4862.68). Also, TTD eligibility applies if an employee has work restrictions which the pre-accident employer is unable to accommodate. If the employer can accommodate work restrictions, but the employee’s net wage is less than 66 2/3 of his or her pre-accident average monthly wage, the employee is eligible for temporary partial disability benefits. Once the injured employee has completed medical treatment and is determined by a rating physician or chiropractor to have incurred a permanent disability, the employee may be entitled to a lump sum payment, monthly installment payments or a combination of the two to compensate for the disability. Finally, the employee may be entitled to vocational rehabilitation benefits if the employee has permanent restrictions on his or her ability to work and the pre-accident employer is unable to accommodate the restrictions on a permanent basis by offering a permanent light duty position. The process of obtaining workers’ compensation benefits in Nevada is a technical process. One must ensure that the proper forms are timely submitted to the various parties involved (employer, employer’s insurance, third-party administrator, treating physicians, attorneys, etc.). Some deadlines must be met within days of the injury. Also, it is important to understand the statutes and administrative codes involved. To miss deadlines or to not understand the application of the law to one’s particular situation could mean the loss of significant benefit entitlements. In Nevada, workers’ compensation disputes must be submitted for decision to an administrative law judge, or also referred to as the Hearing Officer. The Hearing Officer is an administrative law judge whose jurisdiction is limited to Nevada workers’ compensation matters only.

The appeals process
The appeals process typically begins upon the receipt of a “determination letter” from the workers’ compensation insurer or its third-party administrator (TPA). An example of a determination letter is a claim denial letter. In other words, the insurer/TPA has decided that, pursuant to their interpretation of Nevada workers’ compensation law, one does not qualify for workers compensation benefits and that based on this, the insurer/TPA has denied the claim for benefits. In its determination letter, the insurer/TPA is required to inform the injured worker that the matter must be appealed within 70 days from the date of the determination letter to the Department of Administration. The filing of the appeal within 70 days is critical, as a failure to file a timely appeal is likely to result in a loss of potential benefits to the injured worker. Typically, the determination letter will include the necessary form to file an appeal (Form D-12a) A determination letter is appealed by completing a D-12a form and including a simple statement briefly explaining the grounds for the appeal (e.g. claim denial) and by attaching the determination letter at issue thereto (Note: This form can be obtained at http://dirweb.state.nv.us/wcs/wcsform.htm). The Hearing Office for the Department of Administration will schedule a hearing within 30 days of receipt of the request for a hearing.

The initial hearing
The Hearing Officer hearing is a relatively informal process, typically intended to last no more than a few minutes. An injured worker is not required to be represented by counsel at this stage. The injured worker, or Claimant, has the burden of proof and thus will be allowed to state his or her case first; the defendant, which also need not be represented by legal counsel, follows. Either side can produce documentary evidence for the Hearing Officer to consider when making a decision as well as a brief legal memorandum of the applicable law and facts. The claimant is given the final word. The Hearing Officer then has 15 days to render a decision. The Hearing Officer’s decision can be appealed by either side within 30 days from the date of the Hearing Officer’s decision and Order. The form required for the appeal will be attached to the Hearing Officer decision and order.

The appeals hearing
The appeals hearing is a more formal and court-like setting. The Appeals Officer hearing requires the respective parties to be represented by legal counsel. The Appellant may file a Motion for Stay of the Hearing Officer’s decision and order with the Appeals Officer and the Appeals Officer then has 30 days to decide the merits of the motion. If it is not granted, the Hearing Officer Decision and order must be complied with within ten days of the denied Motion for Stay. In addition, where appellant files a Motion for Stay, the Respondent has ten days to file an opposition to the Motion for Stay with the Appeals Officer. The Appeals Officer hearing allows for the direct and cross-examination of witnesses, but the rules of evidence are very relaxed. Any matter that is relevant to the dispute will be allowed in, including hearsay evidence. The only objection that may be sustained is one which is based on relevancy. There is very little procedure that must be complied with. Essentially, the Appellant is required to submit its documentary evidence, a statement of the issues to be raised, a list of any witnesses (with a brief summary of their proposed testimony and whether they will testify telephonically), and the estimated length of time for the hearing 14 days before the date set for the hearing and the respondent must submit the same seven days prior to the date of hearing. Also, parties may submit a legal brief regarding the relevant law and facts, but this is not required. If any party wishes to propound any discovery upon the other side they must request this by motion from the Appeals Officer within 30 days of the scheduled Appeals Officer hearing. It is important to note that it is not unusual for parties to submit additional evidence on the day of the hearing directly to the Appeals Officer and while one can object, it is the Appeals Officer’s prerogative to allow untimely evidence in. The appeals hearing essentially involves making an opening statement (usually waived), which is followed by direct and cross examination of witnesses and then a brief closing statement. The Appeals Officer is required to render a decision within 30 days of the appeals hearing.

Petition for judicial review
The Appeals Officer’s decision can be appealed by filing a Petition for Judicial Review with the district court within thirty days of service of the Appeals Officer’s decision and order. The likelihood of getting an Appeals Officer’s decision reversed at this level is difficult as the appellant must establish that an Appeals Officer’s decision was based on some type of gross error of law or fact. Also, the appellant can file a Motion for Stay of the Appeals Officer’s decision within 30 days the order was entered. Ultimately, most workers’ compensation matters do not reach the district court level, and thus, an understanding of the administrative appeals process is what is most critical to success for an attorney who practices Nevada workers’ compensation law.

David R. Fischer is an attorney with the law firm of David R. Fischer & Associates. He represents Nevada injured workers in workers’ compensation matters. He is a 2005 graduate of The University of Tulsa, College of Law, and a 2006 graduate of Pepperdine University, Straus Institute for Dispute Resolution. Prior to law school Mr. Fischer served in the U.S. Navy and Army National Guard.

Claim Reopening requirements in Nevada

2008-12-15T19:26:00.001-08:00

On a regular basis I receive phone calls from people asking about claim reoopening.

Iot reopen a Nevada workers' compensation claim the following should be considered by a Nevada injured worker:

1. A claim for which less than three hundred dollar was expended by insurer and for which the insurer sent out a claim closure letter which was either never appealed by the Nevada injured worker or was unsuccessfully appealed is not eligible for reopening at all.

2. A claim which did not result in the Nevada injured worker being out-of-work and the Nevada injured worker did not have a rating evaluation for ppd can only be reopened w/in 1 year of cc notice.

3. A claim which does not fall in either of the above two categories can be reopened for the life of the Nevada injured worker as follows:

a. if within one year of claim closure notice by an objective showing by clear and convincing evidence of a worsening of the industrial condition.

b. if more than one year from cc notice a showing in a medical report from a doctor or chiropractor that a change of circumstances related to the original industrial injury warranting an increase or rearrangement of compensation.

I can be reached at 702.547.3944 if you would like to discuss this matter further.

Hearing Officer Appeals to the Nevada Department of Administration

2008-10-01T11:17:00.000-07:00

In Nevada, workers’ compensation disputes must be submitted for decision to an administrative law judge, or so-called Hearing Officer. The Hearing Officer is an administrative law judge whose jurisdiction is limited to Nevada workers’ compensation matters only.

The appeals process typically begins upon the receipt of a “determination letter” from the workers’ compensation insurer or its third-party administrator. An example of a determination letter is a claim denial letter. In other words, the insurer has decided that pursuant to their interpretation of Nevada workers’ compensation law a Nevada injured worker does not qualify for workers compensation benefits and that based upon this, they have denied the claim for benefits.

In its determination letter the insurer/tpa is required to inform the Nevada injured worker that the matter must be appealed within seventy days from the date of the determination letter to the Department of Administration. The filing of the appeal within the seventy days is critical as a failure to file an appeal is likely to result in a loss of potential benefits to the Nevada injured worker.

A determination letter is appealed by filing a simple statement with the Nevada Department of Administration listing the grounds for the appeal (e.g. claim denial) and by attaching the determination letter at issue. The Hearings Office for the Department of Administration will schedule a hearing within thirty days of receipt of the request for a hearing.

The Hearing Officer Hearing is a relatively informal process typically intended to last no more than a few minutes. A Nevada injured worker is not required to be represented by counsel at this stage, however, it is probably advisable to have legal counsel. The Nevada injured worker, or so-called Claimant, has the burden of proof and thus will be allowed to state his or her case first. The defendant, which also need not be represented by legal counsel, will then be given an opportunity to state its case. The Nevada injured worker is given the final word. The Hearing Officer then has fifteen days to render a decision.

The Hearing Officer’s decision can be appealed by either side within thirty days from the date of the Hearing Officer’s decision and order

If you would like to discuss your situation further, I can be reached at 702.547.3944.

Pre-existing conditions in Nevada

2008-09-08T10:33:00.000-07:00

On occassion one of our client's will have their Nevada workers' compensation claim denied based on a pre-existing condition. The insurer will seek to deny compensability of a claim because someone had undergone treatment for a body part in the past and that body part was injured during a work accident. The question that I am often asked is whether this is proper pursuant to Nevada workers' compensation law?

The answer to this is maybe. Nevada workers' compensation law does not make a pre-exisiting condition which is subsequently aggravated or accelerated by a work accident automatically non-compensable. In order for it to be non-compensable, the insurer must be able to prove that the pre-existing condition was a substantial contributing cause of the injury. In other words they must be able to establish that the pre-exisiting condition was a significant factor above and beyond the work accident in bringing about the current condition or injury of the Nevada injured worker. This is very difficult for the insurer to establish unless there is significant pre-exisiting problems.

Ultimately, a pre-exisiting condition should not be grounds for claim denial, but grounds for potential apportionment of one's PPD evaluation. This means, that when the case settles the ultimate settlement may be reduced based on a pre-existing condition.

If you would like to discuss your situation further, I can be reached at 702.547.3944.

Injured Nevada contractor and claim denial

2008-08-05T15:36:00.000-07:00

Las Vegas is bustling with major construction projects and construction projects are inherently dangerous inasmuch they involve large numbers of people, many moving parts and serious deadlines. I regularly provide legal advice to construction workers who have been injured on a construction project. One recent example stands out which involved a Nevada construction worker who had been classified as an independent contractor by his employer (meaning the employer did not take taxes out of his paychecks). The construction worker was involved in a very serious accident while working for the contractor which had classified him as an independent contractor. The construction worker submitted his claim for Nevada workers' compensation benefits and had his claim denied because the wc insurer could not establish an employer-employee relationship between the Nevada construction worker and the company he was working for when he got hurt.

The matter ultimately went to an administrative law hearing before a workers compensation judge and the case was decided in the construction worker's favor. The reason for this correct result was that the employer was a licensed contractor and as a licensed contractor an employer can not avoid workers' compensation liability even for persons the employer classifies as "independent contractors." The independent contractor argument will almost never succeed in cases involving licensed contractors who hire non-licensed contractors even on a temporary basis. The result would likely have been different if the "independent contractor" in fact was an independent enterprise with its own contractor's license, liability insurance, workers' compensation insurance, etc. But in this case the Nevada injured worker was not, and thus the licensed contractor employer was not off the hook for workers' compensation liability.

If you would like to discuss your situation further, I can be reached at 702.547.3944.

Suicides are no longer excluded from Nevada workers' compensation death benefits

2008-07-28T08:21:00.001-07:00

The Nevada Supreme Court on July 24, 2008 in the case of Vredenburg v. Sedgwick CMS, 124 Nev. Adv. Op. No. 53, has ruled that in cases involving suicide of a Nevada injured worker, a Nevada injured worker's next of kin may recover Nevada workers' compensation death benefits where: (1) employee has suffered an industrial injury, (2) the industrial injury caused some psychological condition severe enough to override the employee's rational judgment, and (3) the psychological condition caused the employee to commit suicide.

Prior to this ruling a Nevada injured worker's next of kin could not recover death benefits in cases where the Nevada injured worker commited suicide. This was due to the language in NRS 616C.230(1), which precluded recovery of death benefits where the death resulted from a "willful intention to injure." Now, the Nevada Supreme Court has ruled that suicides, wherein one can establish a sufficient chain of causation linking them to the work injury, are not covered within the scope of the "willful intention" exclusion of NRS 616C.230(1); meaning suicides are no longer excluded from workers' compensation death benefits.

This case is a win for Nevada injured workers inasmuch as it broadens the applicable scope of workers' compensation benefits for Nevada injured workers.

Indepependent Contractor and Nevada Workers' Compensation

2008-07-21T08:22:00.000-07:00

Many employers think that by classifying an employee as an independent contractor they can avoid workers' compensation coverage for the employee so classified. This is a dangerous road for an employer to go, because simply classifying someone as an independent contractor is not likely sufficient to avoid liability for a work injury. This is especially true if the work injury occurs in a construction setting.

Unless the Nevada injured worker holds him/her self out as a separate and distinct entity with a business license and insurance the employer's position seeking to establish that Nevada worker is in fact an independent contractor is tenuous. Some of the relevant questions to ask in seeking to determine whether one is in fact an independent contractor are: Was an agreement entered in to between the employer and the alleged independent contractor for services not related to the employer's line of work? Did the alleged independent contractor have its own business license and insurance? Did the alleged independent contractor have complete independence regarding hours of work, place of work, type of work to be performed? While a yes answer to all of these questions may tilt the scale toward establishing independent contractor status, it still may not mean that one is an independent contractor for purposes of Nevada workers' compensation coverage.

When a so-called independent contractor is hurt while performing duties for the employer the Nevada workers' compensation claim is often denied by the Nevada workers' compensation insurer because it is claimed that an employer-employee relationship could not be established.

If you have had your Nevada workers' compensation claim denied because you are an "independent contractor" give me a call to discuss your options. I can be reached at 702.547.3944.

Claim denial - Now what?

2008-07-08T14:28:00.000-07:00

If you have had a claim for Nevada workers' compensation benefits denied you should not think that you are out of options. When a Nevada workers' compensation insurer denies your claim for workers' compensation they are required to inform you in this regard in writing within thirty days of their receipt of the C-4 and C-3 form. It is not enough for the insurer to notify you over the phone. The Nevada workers' compensation insurer must provide you with a written claim determination letter as stated. This is very important because the written determination letter will give you appeal rights.

In other words, the determination letter will inform you what you can do by law to appeal the insurer's determination. It is not unusual for an appeal of a denied Nevada workers' compensation claim to be successful, but in order to attempt to do this, it is crucial that the denial is timely appealed (within 70 days of the denial letter).

I handle Nevada workers' compensation claim denials. If you have had your Nevada workers' compensation claim denied give me, attorney David R. Fischer, a call to discuss your options at 702.547.3944.

Bad Faith and Nevada Workers' Compensation Insurers

2008-06-26T14:50:00.000-07:00

On occasion I am asked by clients if they can sue their Nevada workers' compensation insurer for bad faith insurance practices. The answer is no, but . . .

In Nevada, workers' compensation insurer's are immune from bad faith law suits, but this does not mean that there exists no recourse for a Nevada injured worker against an Nevada workers' compensation insurer/administrator that is not following Nevada workers' compensation law.

A Nevada injured worker can file a complaint with the Nevada Division of Industrial Relations asking that the Nevada workers' compensation insurer/administrator be investigated for not following Nevada workers' compensation law. The Nevada Division of Industrial Relations will investigate the matter and if it is determined that the Nevada workers' compensation insurer/administrator did not comply with the law they are potentially liable for a benefit penalty and/or administrative fines. The benefit penalty can be in the thousands of dollars and that money belongs to the Nevada injured worker.

If you think that your Nevada workers' compensation insurer/administrator is acting wrongfully give me a call to discuss your options. I can be reached at 702.547.3944 and as always there is no initial consultation fee. Also, there never is a fee unless there is a recovery on your behalf.

I got injured on the job and I want to sue my employer

2008-06-10T08:32:00.000-07:00

I am commonly asked if the employer can be sued for negligence which resulted in an on-the-job injury. The short answer is no and this is because workers' compensation is a "no-fault" system, which means that fault on either the part of the employer or the employee is irrelevant for the purposes of determining workers' compensation benefits' eligibility.

Workers' compensation is often referred to as a "trade off" between workers' and employers. Employees agree to not sue their employer and the employer in turn agrees to provide coverage for work incurred injuries without any inquiry in to whether the employee's was "negligent." The employer thereby avoids the possibility of high damage awards being entered against them as a result of a civil suit and the employee is assured that they will be medically provided for when injured on the job.

Thus, workers' compensation is a matter of statutorily defined entitlements. One must meet certain statutory definitions in order to be considered eligible for workers' compensation benefits. For instance, in Nevada, one must have had an "accident," according to the statutory definition of this word, which results in "personal injury," which is also a statutorily defined word.

Sadly, the issue is not always quite as straight forward as it was intended and as a result workers' compensation has evolved to a point where many of these issues require administrative hearings involving attorneys and administrative judges.

I handle all aspects of workers' compensation cases from ensuring that your receive all benefit entitlements to representing you at administrative workers' compensation hearings and everything in between. I STRICTLY REPRESENT EMPLOYEES' INTERESTS, thus you never need to worry about me having any type of dual loyalty to employees and employers.

If you would like to discuss your situation further, I can be reached at 702.547.3944.

Nevada police officers and firefighters . . .

2008-06-02T10:53:00.000-07:00

have special entitlements under Nevada workers' compensation law. A police officer or firefighter who develops a heart or lung condition may be able to have this condition covered under their workers' compensation insurance. Also, certain communicable diseases (Hepatitis, HIV, etc.) may be covered under workers' compensation in Nevada.

If you have any questions about special entitlements under Nevada workers' compensation law for Nevada police officers and firefighters feel free to contact me at 702.547.3944. As always, the initial consultation is free.

Who is my Nevada employer's workers compensation insurer?

2008-05-13T16:00:00.000-07:00

Nevada Employers are supposed to know the name of their Nevada workers' compensation insurer and they are suppposed to know how to contact the claims administrator. This information should be made available on a poster for the Nevada employees.

I frequently talk to Nevada injured workers who are usucessfull in obtaining their Nevada employer's workers' compensation because their employer will not provide the information or it is not readily obtainable.

In the event that this happens, the following are the steps for obtaining an employer's workers' compensation insurance:

1. Go to the State of Nevada's workers' compensation web site and use the Coverage Verification Service to search for your employer's work comp coverage information (see useful injured workers' links below).

2. Go to the Nevada Division of Insurance's web site and check the list of "Self-Insured Employers" and "Associations of Self-Insured Employers."(see useful injured workers' links below).

3. If you still do not have any success, call WCS Henderson at 702.486.9080 or WCS Carson City at 775.684.7270.

Of course you can call me, attorney David R. Fischer, at 702.547.3944 to discuss your Nevada workers' compensation situation.

Social Security Disability and Nevada Workers' Compensation

2008-05-02T10:47:00.000-07:00

A Nevada injured worker who becomes disabled under Nevada workers' compensation may also be entitled to federal social security disability benefits. The process for obtaining either is different (one is based on state law and the other on federal law and guidelines) and qualifying for one does not necessarily mean that one will qualify for the other; however, it is possible.

For example one could be deemed permanently disabled under Nevada workers' compensation and be deemed disabled under social security resulting in two different disability entitlements. It must be noted that while offsets between the two systems apply, receiving entitlements under both Nevada workers' compensation and Social Security Disability will yield in an overall higher final entitlement to the Nevada injured worker.

If you would like to discuss your situation further, I can be reached at 702.547.3944to discuss the possibility of your entitlements under both Nevada workers' compensation and Federal Social Security.

How is my final PPD percentage determined?

2008-04-21T15:28:00.000-07:00

The final PPD percentage for a Nevada injured worker is based upon the American Medical Association's Guides to the Evaluation of Permanent Impairment(Currently, the Fifth Ed., but soon will be based on the Sixth Ed.)

A rating physician evaluation is very specific inasmuch as it is outlined in the AMA Guide. The rating physician's evaluation must follow the steps outlined in the AMA guide. Generally, the evaluation focuses on range of motion loss and nerve damage. However, the rating physician may consider other factors such as the impact the Nevada work injury has on one's activities of daily living.

A Nevada injured worker deemed "stable and ratable" is entitled to a one-time PPD evaluation at the insurer's expense. It is important to know that a Nevada injured worker is not required to accept the first rating physician's determination. Disagreements between rating physicians regarding the percentage of impairment a Nevada injured worker has sustained is not uncommon. Thus, it may be a good idea to have one's first rating reviewed by another rating physician for accuracy.

If you have any questions or concerns regarding this issue, you can reach me at 702.547.3944. Ask for attorney David R. Fischer.

I was injured on the job and then I got fired; am I still entitled to TTD benefits?

2008-04-14T10:30:00.000-07:00

The answer is possibly.

A situation that I commonly encounter in the workers' compensation arena is that shortly after an employee sustains a work injury, the employee is fired. To add insult to injury, that employee is then denied temporary total disability benefits by the insurer. The insurer's cited reason usually is that the injured Nevada worker would have been entitled to TTD benefits, 'but-for' the Nevada injured worker being fired for cause. Sound familiar?

Technically, under Nevada law the insurer is allowed to deny ttd benefits in Nevada if there exists a termination for cause as the employer's cited reason, however, this is not the entire story. Depending on the facts of one's particular case, the Nevada injured worker may still be entitled to ttd benefits in the above described scenario.

If you would like more information, give me a call to discuss your case at 702.547.3944. Ask for attorney David R. Fischer.

A Brief Overview of Vocational Rehabilitation in Nevada

2008-03-12T15:30:00.000-07:00

Vocational rehabilitation's purpose is to assist a Nevada injured worker to return to the workforce through a program of retraining. In Nevada, vocational rehabilitation eligibility basically depends on one key phrase - permanent restrictions.

If one has permanent restrictions on one's ability to work then one is entitled to vocational rehabilitation benefits. It is important to note that one does not necessarily have to have a permanent disability (permanent partial disability) in order to be eligible. The most common example would be a situation were one is not considered "ratable," but one has been deemed to have permanent work restrictions for life (One may have undergone a functional capacity evaluation wherein the physical therapist determined that one should be placed in a medium duty work category and treating physician concurs with said determination).

This situation would trigger vocational rehabilitation eligibility and the Nevada injured worker is entitled for a program of retraining at the insurer's cost (9 months minimum). In addition, the Nevada injured worker is entitled to vocational rehabilitation maintenance payments during the period of developing a program of retraining and for the duration of the retraining (an amount that is calculated at the same rate as TTD - 66 2/3% of the average monthly wage at the date of injury).

It is important to understand that the Nevada injured worker will likely be offered what is called a "vocational rehabilitation buy out." To accept a buy out may seem appealing, but one should be strongly cautioned against accepting a buy out. Buy outs generally favor the insurer's interests, because they not only are likely to save money, but they are also avoiding any possibility of any future vocational rehabilitation training requests for the work injury at issue. In other words, if one does not take a buy out and proceeds with a program of retraining and it later turns to be unsuccessful, (e.g. cannot work within permanent restrictions in new job) then one can request a subsequent program of retraining. This possibility is not available if one has taken a buy out.

Nevada vocational rehabilitation presents many complexities and while an injured Nevada worker can pursue these entitlements without the assistance of an attorney it could ultimately turn out to be a costly decision. At the very least, the Nevada injured worker should consult with an attorney who practices Nevada workers' compensation law before proceeding. I am happy to assist. I can be reached at 702.547.3944; ask for attorney David R. Fischer.

Car accident while on the job - Nevada Work Comp and Third-Party Claims

2008-02-29T09:41:00.000-08:00

If you have been involved in an accident that was caused by the fault of someone not a co-employee you may have a claim for Nevada workers' compensation benefits and a personal injury claim against the third-party who caused the accident/injuries. A pretty typical example of this would be a situation where one is involved in a car accident that results in injuries while on the job.

The firm work for has handled many cases involving workers' compensation and third party recovery. If you have been injured on the job in Nevada give me a call to discuss your legal options.

Disability Claims Backlog

2008-01-16T09:09:00.000-08:00

I read this article this morning and I thought that it might be of some interest to some of my blog's readers. Our federal disability system appears broken.

http://www.cbsnews.com/stories/2008/01/14/cbsnews_investigates/main3712627.shtml

If you have any thoughts or any personal experiences in dealing with trying to obtain social security disability or workers' compensation benefits in Nevada I encourage you to post your experience to this site. It is likely that there are others in Nevada that have had similar experiences and you might be able to learn from some else's experience regarding what to do or not to do.

In addition to handling workers' compensation cases the firm I work for also handles social security disability cases; so you can always e-mail or call me with any questions you might have.

How does a PPD work in Nevada?

2008-01-10T10:02:00.000-08:00

In the last week I have answered two posts on the internet from people that were unsure about the process of obtaining a permanent partial disability ("PPD") settlement in Nevada. Consequently, I decided to add a discussion regarding PPD in Nevada to my blog.

The PPD process in Nevada begins when a Nevada injured worker is deemed "stable and ratable" by his or her treating physician. The key words here are "stable and ratable," which means that the Nevada injured worker has reached maximum medical improvement ("MMI")and that he or she is likely to have sustained some type of permanent impairment which should result in monetary compensation.

Within thirty (30) days of receiving this report, the insurer is required to schedule the Nevada injured worker for a permanent partial disability evaluation with a rating physician or chiropractor. Further, the insurer is required to provide ten (10) day notice to the Nevada injured worker of the date, place and time for the PPD evaluation. Also, the Nevada injured worker is entitled to reimbursement for the cost of travel if injured worker is required twenty (20) miles or more to the rating examination.

The rating takes place at the rating physician's office and lasts approximately one (1) hour depending on the impairment. The Nevada injured worker may have his attorney accompany him or her if he so choses. The rating physician will examine the injured worker based on very specific rating guidelines set forth in the 2002 edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment. The rating physician has some discretion in determining the final impairment percentage he assigns in the PPD report (e.g. apportionment based on a previous injury, activities of daily living). Thus, the PPD determination can become a subject of dispute between the Nevada injured worker and the insurer (e.g. insurer disagrees and/or the Nevada injured worker disagrees with the final determination; either party can appeal).

It is important to understand that the insurer can withold payment of a PPD settlement in whole or in part if they disagree with the award in "good faith." To be considered good faith it should be based on some objective medical evidence and not just the insurance adjuster's disagreement with the percentage impairment assigned. If this occurs, the Nevada injured worker can appeal the insurer's determination to the Department of Administration. In any event, the insurer must inform the injured worker within fourteen (14) days of receiving the rating physician's PPD report of the PPD's outcome and what they intend to do.

The insurer is required to provide a breakdown of PPD settlement for any amount not in dispute within fourteen (14) days as discussed. The breakdown should be based on a formula that takes in to account the age of the Nevada injured worker at the time of the injury, his average monthly wage at the time of the injury, a factor determined by the Nevada legislature and finally the percentage of impairment. The Nevada injured worker has the option of receiving the entire PPD settlement in a lump sum one-time payment for any percentage award not over twenty-five (25) percent and/or in installment payments until he is seventy (70) years of age or for five (5) years, whichever is greater. Any amount over twenty-five percent can only be received in installment payments as discussed.

Once the PPD issue is settled and the Nevada injured worker has been paid, the insurer will likely attempt to close the claim. It is important to understand that if one has permanent restrictions due to the work injury, the Nevada injured worker is entitled to vocational rehabilitation benefits. I will make vocational rehabilitation the subject of another post on a later date.

I hope this helps answer some of the mysteries regarding the PPD process in Nevada. Of course, the above is not all inclusive, as every situation has its own idiosyncrasies, and therefore instead of relying on this information alone, one should consider consulting an attorney who practices Nevada workers' compensation law exclusively. I would be happy to answer any questions you might have regarding your workers' compensation situation. My name is David R. Fischer and I can be reached at 702.547.3944. My consultation is free and the firm for functions on a contingency fee, which means unless you recover you owe no fee.

Drugs in my system when I got injured on the job in Las Vegas. . .

2007-12-13T14:36:00.000-08:00

If you were injured on the job in Las Vegas, Nevada and subsequently your employer required you to undergo a drug test, for which you tested positive, you probably have been terminated by your employer. To make matters worse the workers' compensation insurer has probably denied acceptance of your claim because you tested positive for an illegal substance. Does this sound familiar?

There still may be hope for you if you find yourself in this situation, because, under certain circumstances, the existence of an illegal substance in your system, when injured on the job in Las Vegas, Nevada, does not prevent your injury from being a compensable workers' compensation claim.

I am a Nevada attorney who almost exclusively handles workers' compensation cases. If you find yourself in this situation and have questions feel free to call me at 702.547.3944. My initial consultation is free.

Injured on the job, now what?

2007-10-03T16:03:00.000-07:00

If injured on the job in Nevada the first thing an injured Nevada worker should do is put the employer on notice. The employer is put on notice by the injured Nevada worker filling out a C-1 form within seven (7) days after the accident. The employer should have this form available, however, if the employer does not make it available it can be obtained from the Nevada Department of Industrial Relations website (http://dirweb.state.nv.us/WCS/wcs.htm).
The injured Nevada worker, or a person acting on his behalf, should then file a claim for compensation with the employer's workers' compensation insurer within ninety (90) after the industrial injury if the employee has (1)either sought medical treatment for the industrial injury or, (2) was off work as a result of the injury.
There are certain exceptions that may apply if an Nevada injured worker fails to meet either of the above-described deadlines (e.g. ignorance of the law). In other words, these exceptions may allow a Nevada injured worker who has failed to meet required deadlines to remain eligible for his workers' compensation benefits if certain extenuating facts can be established.
Once the workers' compensation insurer has received the claim for compensation the insurer has thirty (30) days to issue a decision as to whether or not the claim is deemed accepted. If the claim is denied, the injured worker has seventy (70) days from the date of the insurer's determination to appeal the determination to the Nevada Department of Administration. This is an informal administrative hearing wherein a hearing officer is presented with the facts and applicable law of a situation and then renders a decision within fifteen (15) days of the hearing. If this hearing is unsucessful, the injured Nevada worker can appeal the decision to the Nevada Department of Administration's Appeal's Division. This is a more formal court-like setting where both sides present their case, put on witnesses, etc. Here, as with the first hearing, the appeals officer has thirty (30) days to render a decision. This decision can also be appealed, however, an appeal from an appeals officer's decision is not likely to be successfull.

All of this requires an understanding of the applicable Nevada administrative codes and laws. It is best to have an attorney for this process. The firm I work for has been handling workers' compensation cases for many years. The consultation is free and only if there is a recovery will you owe a fee. Please feel free to contact me, attorney David R. Fischer, at 702.547.3944 with any questions.

Nevada Workers' Compensation

2007-08-30T15:48:00.000-07:00

In Nevada, an employee who has an accident that causes bodily injury, "in the course and scope of his/her employment" is entitled to medical care and treatment for the job related injury. In addition, the employee is entitled to receive 66 2/3 % of his gross average monthly wage for the period the employee is unable to work as a result of the work injury (must be at least five consecutive days or five cumulative days in a twenty day period). Also, once the injured employee has completed medical treatment and is determined by a rating physician or chiropractor to have sustained a permanent disability, the employee may be entitled to a lump sum payment, monthly installment payments or a combination of the two to compensate for the disability. Finally, the employee may be entitled to vocational rehabilitation benefits if the injured worker is unable to continue to use pre-accident job skills as a result of the industrial injury.

The process of obtaining workers' compensation benefits in Nevada is a technical process. One must ensure that the proper forms are timely submitted to the various parties involved (employer, employer's insurance, third-party administrator, treating physicians, attorneys, etc.). Some deadlines must be met within days of the injury. Also, it is important that one understands the statutes and administrative codes involved. To miss deadlines or to not understand the application of the law to one's particular situation could mean that one loses significant benefits he or she is entitled to. It is possible to attempt to navigate this system without representation, however, this is not advisable as the insurance companies are going to avoid providing an injured employeee with his or her injury benefits as often as they can. In short, insurance companies do not make money by paying out.

The firm that I work for has been sucessfully handling workers' compensation cases for many years. We know how to navigate the system and we understand how the law applies. We try to equalize the playing field between you and the insurance company to help you recover the benefits you are entitled to. Our initial consultation is free and you owe us nothing if we do not recover anything for you.

If you have been injured on the job, do not hesitate to call David R. Fischer, Esq. at 702.547.3944 for a free initial consultation.