Nevada Workers Compensation Attorneys

If you were hurt on the job in Nevada, understanding your rights from day one can make a significant difference in the outcome of your claim. This guide walks you through how to recognize a work-related injury, what happens when your benefits stop, and how back injuries requiring treatment like epidural injections are handled under workers' compensation law.

Is Your Injury Really Work-Related? More Than You Might Think Qualifies

One of the most common misconceptions injured workers carry into the claims process is the belief that only dramatic, sudden accidents count as work injuries. That is simply not true. Not all injuries are traumatic events that happen at a specific date and time. There are various types and causes of work injuries, and knowing the difference matters enormously for your claim.

Cumulative Trauma Injuries

You may have started experiencing symptoms, pain, and other problems over a period of weeks or months while working. Workers' compensation law in many states, including standards recognized nationally, covers what is called a cumulative work injury -- an injury that develops gradually over time rather than from a single incident.

Despite what some employers may tell you, your injury does not have to be traumatic to qualify for compensation. While traumatic injuries can be easier to prove because they have a clear date and cause, workers who develop conditions gradually should not simply give up on their claims. The law recognizes both.

Aggravation of a Pre-Existing Condition

Many workers have had prior health issues -- a back that acts up occasionally, a knee that has been bothering them for years. If a work activity substantially aggravates and worsens a pre-existing condition, workers' compensation law provides that the worker should be compensated for that aggravation. For example, if you have had occasional back pain over the years and then lift something at work that causes your pain to intensify or spread into your legs, that change in your condition may be fully compensable.

While both cumulative trauma and aggravation claims sound straightforward in theory, insurance companies will do everything they can to challenge them. They frequently hire doctors whose opinions routinely favor the employer, sometimes doctors who have testified under oath that cumulative injuries do not exist. Understanding this reality upfront is critical to protecting your claim.

Seven Steps to Take After a Work Injury

Whether your injury happened in a single incident or developed over months, the steps you take immediately after recognizing it can determine whether your claim succeeds or fails.

1. Report the injury immediately and in writing. The moment you experience significant pain or symptoms at work, report the injury to your employer as specifically as possible, describing exactly what you were doing when the pain started. Supervisors can conveniently forget verbal reports. If your employer has an injury reporting form, complete it. If not, write out the details yourself. Failing to timely report a work injury can reduce the value of your claim or cause it to be denied completely.

2. Tell your doctor the injury is work-related. When you see a medical provider, make sure you describe in detail exactly how your work caused or aggravated your condition. Failing to tell your doctors that your condition is work-related can cause serious problems with your case and often results in a denial. In fact, many experienced workers' compensation attorneys will decline to represent injured workers unless the work injury is documented in the medical records.

3. Ask your doctor whether the condition is work-related. After thoroughly explaining your work activities and symptoms to your doctor, ask whether they believe the condition is related to your job. If your doctor agrees, and you have not yet formally reported the injury, promptly report it in writing and note that your physician believes the condition is work-related.

4. Attend any required independent medical examinations (IMEs). If your employer or their insurance company schedules an independent medical examination, you may be tempted to skip it knowing the insurance-hired doctor is likely to deny your condition. Do not skip it. Refusing to attend a scheduled IME can result in the forfeiture of any benefits owed to you during that period of refusal. If you find yourself in this situation, speak with a qualified workers' compensation attorney before making any decisions.

5. Request authorized medical care from your employer. Under workers' compensation rules, if you want the insurer to pay for your medical care and wage loss, you will generally need to see their approved medical providers. There are limited exceptions for alternative medical care, but understanding when that exception applies requires careful legal guidance.

6. If your claim is denied, use your health insurance. When a workers' compensation claim is denied, your health insurance is generally required to cover your medical treatment, provided you give your health insurer a copy of the written denial letter. Do not simply go without treatment while waiting for the dispute to resolve.

7. Look into short-term disability benefits. If your claim has been denied and your doctor takes you off work, check whether your employer provides short-term disability insurance, sometimes called accident and sickness coverage. These benefits can help bridge the financial gap while your workers' compensation dispute is pending.

Back Injuries on the Job: When Epidural Injections Enter the Picture

Workers who perform heavy lifting and physically demanding labor frequently suffer back injuries that go well beyond simple strains. Some back conditions require more intensive medical treatment, including epidural steroid injections. These injections are a recognized and often necessary part of treatment for serious work-related back injuries, and they should be covered by workers' compensation.

What Are Epidural Injections?

The epidural space is a fat-filled area located between the dura mater surrounding the spinal cord and the wall of the vertebra. During an epidural injection, a needle is inserted into this space and corticosteroids are delivered to reduce spinal swelling and relieve pain. Doctors typically schedule these injections once every couple of weeks over several weeks, though the specific schedule is determined based on the patient's condition and response to treatment.

Epidural injections are used to treat a range of spine-related conditions commonly seen in workers' compensation cases, including disc herniations, spinal stenosis, and spondylolysis. As with any medical procedure, there are possible complications patients should discuss thoroughly with their doctors, including bleeding, infection, nerve damage, and dural punctures.

Workers' Compensation Coverage for Epidural Injections

Workers' compensation insurance is generally required to cover medical expenses related to a work injury, including epidural injections when they are medically necessary. Disability benefits are also mandatory when the employee suffered the injury in the course of employment. Both injuries that arise from accidents and those resulting from repetitive and cumulative trauma are covered.

Unfortunately, disputes over treatment like epidural injections are not uncommon. Employers have the right to choose the medical provider for the injury, and some of those doctors may be biased in favor of the employer. A doctor hired by the insurer may downplay the severity of your condition, deny that you have an injury at all, or claim that your condition is pre-existing rather than work-related. When that happens, a worker has the right to file an appeal for alternative medical treatment to challenge that determination.

When a Back Injury Becomes a Permanent Disability

If your condition is not expected to improve despite continued treatment, you may reach a point called maximum medical improvement (MMI). At that stage, a permanent disability rating will be assigned. Back disabilities are classified as industrial disabilities under workers' compensation, and the amount of permanent partial disability (PPD) benefits you receive is based on a rating measured between 0 and 100 percent, applied to a maximum number of weeks.

The factors that influence that permanent partial disability rating include the nature of your injury and impairment, your work restrictions, your skills, your education, and your prior work experience. Disputes over these ratings are extremely common. If you believe your rating is too low, you have the right to pursue your own independent medical examination to challenge the insurer's assessment -- though how that process plays out has important legal nuances that are worth discussing with an attorney before proceeding.

What Happens When Your Workers' Comp Payments Stop?

One of the most alarming moments in any workers' compensation claim is opening the mail to find that your weekly benefit check has stopped arriving. There are a number of reasons this can happen, and knowing how to respond protects you from losing benefits you are rightfully owed.

Common Reasons Payments Are Stopped

Your benefits may have been cut off for any of the following reasons:

• You have returned to work and your temporary total disability (TTD) payments have concluded.
• You have returned to work and the insurer is waiting for the results of your functional impairment rating from the workers' compensation doctor. Under rules that have developed in recent years, insurers are permitted to delay impairment rating payments until you have reached MMI and a rating can be assigned. Some work comp doctors say they cannot issue a rating until at least one year after MMI is reached.
• Your claim is being denied, often following an insurance-ordered IME that concludes your condition is not work-related. Sometimes the insurer will send your records to a physician in another state who issues an opinion based solely on records review without ever examining you.
• You have been paid your TTD benefits and the insurer has paid out the impairment rating assigned by their doctor. Even in this situation, you generally have the right to obtain your own independent medical examination to challenge that rating.
• The insurer has sent a formal notice of termination advising you that payments will stop within 30 days and stating the reason. Workers' compensation law requires this notice and that you be advised of your right to file a claim to contest the termination. Sometimes insurers do not follow this requirement.
• You failed to attend an IME scheduled by the insurer, resulting in a forfeiture of weekly benefits until you attend.
• You refused to return to light-duty work that your employer claims is available within your restrictions.
• You were terminated for what the insurance company characterizes as cause or misconduct.

What You Should Do When Benefits Stop

The first thing to determine is whether you have actually been paid everything you are owed. If you were off work for a period of time and have fully recovered with no lasting impairment, your payments may legitimately be complete. But if you have a permanent injury -- one that affects your ability to work, your daily activities, or requires ongoing treatment -- you are very likely owed additional benefits beyond what you have received.

If you are no longer working at all, consider whether you should file for unemployment benefits. Keep in mind that you cannot receive TTD and unemployment benefits at the same time. However, permanent partial disability (PPD) benefits can be received simultaneously with unemployment. Do not file for unemployment if you are still receiving TTD, as you cannot collect both.

Do not rush into a settlement with the insurance company without first understanding the true value of your claim. Insurance companies almost always want a "closed" file, meaning no more medical care and no further benefits, even in situations where your injuries may worsen or require future treatment. Once you sign away those rights, recovering additional compensation becomes extremely difficult.

Getting Legal Assistance In Nevada

Navigating the complexities of Iowa workers' compensation laws can be daunting, especially during the recovery process from a workplace injury. Seeking guidance from a seasoned Nevada Workers' Comp attorney is invaluable in ensuring your rights are protected and maximizing your chances of a favorable outcome.

Legal professionals play a pivotal role in gathering evidence, preparing documentation, and advocating for your interests throughout the claims process. Don't risk missing out on the compensation you deserve – enlist the support of a qualified attorney to navigate the complexities with confidence.

The Iowa Workers' Compensation attorney team at Walker, Billingsley & Bair know the importance of protecting your work injury claim from the get-go. That's why we provide this FREE book; Iowa Workers' Compensation - An Insider's Guide to Work Injuries: 7 Deadly Mistakes To Avoid If You Are Hurt At Work. To learn more about what our legal team will do to help you protect your Iowa work injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation - 641-792-3595.

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