- The defendant owed a duty of care, according to applicable legal standards.
- The defendant breached the duty of care by doing something or failing to do something.
- As a consequence of the defendant’s breach, a person was injured.
- The person’s injuries can be quantified as damages that can be compensated through the legal process.
- Pursuing a Wrongful Death Case After a Child’s Death
- Exposure to Dangerous Chemicals at Work
- Pushing Back Against Aggressive Insurance Claims Adjusters
- How Social Media Use Can Endanger a Workers’ Comp Claim
- Nighttime Risks to Las Vegas Pedestrians
- Severe Allergic Reactions to Employer-Provided Meals
- What to Do if Your Neighbor Keeps an Unsafe Dog
- Nevada Supreme Court Awards Workers’ Compensation Death Benefits to Widow of Former Reno Police Officer
- What Obligations Does an Employer Have to Help an Injured Employee?
- Hit by Debris from a Truck in Nevada
- November 2019 (2)
- October 2019 (3)
- September 2019 (5)
- August 2019 (5)
- July 2019 (21)
- June 2019 (19)
- May 2019 (22)
- April 2019 (23)
- March 2019 (21)
- February 2019 (19)
- January 2019 (20)
- December 2018 (19)
- November 2018 (20)
- October 2018 (22)
- September 2018 (21)
- August 2018 (23)
- July 2018 (21)
- June 2018 (22)
- May 2018 (22)
- April 2018 (20)
- March 2018 (21)
- February 2018 (19)
- January 2018 (25)
- December 2017 (25)
- November 2017 (17)
- October 2017 (3)
- September 2017 (12)
- August 2017 (6)
- July 2017 (7)
- June 2017 (11)
- May 2017 (11)
- April 2017 (7)
- March 2017 (9)
- February 2017 (11)
- January 2017 (12)
- December 2016 (13)
- November 2016 (14)
- October 2016 (12)
- September 2016 (13)
- August 2016 (11)
- July 2016 (13)
- June 2016 (11)
- May 2016 (9)
- April 2016 (5)
- March 2016 (7)
- February 2016 (5)
- January 2016 (6)
- December 2015 (10)
- November 2015 (10)
- October 2015 (6)
- September 2015 (12)
- August 2015 (8)
- July 2015 (11)
- June 2015 (6)
- May 2015 (6)
- November 2014 (4)
- October 2014 (9)
- September 2014 (4)
- July 2014 (4)
- June 2014 (5)
- May 2014 (13)
- April 2014 (5)
- March 2014 (5)
- February 2014 (6)
- January 2014 (4)
- December 2013 (1)
- November 2013 (1)
- October 2013 (1)
- June 2013 (3)
- May 2013 (2)
- March 2013 (2)
- February 2013 (4)
- September 2012 (3)
- August 2012 (3)
- April 2012 (10)
- March 2012 (8)
- December 2011 (6)
- September 2011 (5)
- July 2011 (1)
- June 2011 (3)
- May 2011 (2)
- April 2011 (4)
- March 2011 (4)
- February 2011 (1)
- Accident Lawyer
- Personal Injury
- Personal Injury Lawyer Las Vegas
- Product Liability
- Social Security Disability
- Workers Compensation Attorney Las Vegas
- Wrongful Death
Workplace safety, chemicals, and liabilityMost Nevada employers who handle dangerous materials are subject to a broad range of safety regulations under the Nevada Occupational Health and Safety Act, or OSHA. Nevada’s OSHA law is a variant of the federal OSHA standard, which provides most of the key rules governing workplace safety, including rules covering chemical hazards and toxic substances. OSHA is a regulatory regime that does not provide a private remedy for someone who is injured as a consequence of an employer’s failure to comply with its requirements. Employees who wish to raise concerns with Nevada’s oversight authority are protected by whistleblower laws from retaliation by the employer. Workers’ compensation is the sole remedy available to most people who are injured on the job. The workers’ compensation system strikes a bargain between employers and employees: in exchange for requiring all employers to carry insurance that will provide benefits for their employees who are injured at work, employers are shielded from liability for most types of workplace injuries. Workers’ comp is a no-fault form of insurance, which means that the insurer will not base its coverage decisions on the extent to which the employer or employee was at fault in the accident. This does not mean that fault has no effect on workers’ compensation: if the employer is failing to adhere to safety standards, its premiums will go up or it may lose coverage altogether and be forced to shut down until the problem is corrected. This, together with the employer’s interest in having a safe and healthy workforce, should provide employers with plenty of incentive to meet or exceed OSHA standards.
Considerations for making a workers’ compensation claimAn employee who is exposed to dangerous chemicals at work should report the incident to supervisors in writing. The employee should also keep keep a copy of the report and make notes about what happened, including when and where the accident occurred and the specific chemical that was involved. If the exposure caused an immediate injury that required medical attention, letting the treating physician know that the injury was work-related is an important part of the claims process. Records become crucially important when a chemical exposure leads to long-term illness. Especially if the exposure causes a problem like cancer, the employee may not be fully aware of the disease for a long time after the initial exposure. By making detailed reports and keeping records, the employee can make future claims easier to defend. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in the Las Vegas area in workers’ compensation cases. We can help anyone who has suffered a workplace injury in Nevada pursue the benefits they deserve. For a free attorney consultation, call us at 702-388-4476 or through our contact page.
What does an insurance adjuster do?A claims adjuster can be thought of as an investigator. They tend to have specific skills that qualify them to review evidence and determine the value that should be paid under the applicable insurance policy. Adjusters do a number of things on behalf of the insurer, including protecting it against fraudulent claims and acting as the insurer’s “eyes and ears” to evaluate the specific facts of the claim. An adjuster will often examine the physical evidence related to a claim, such as damage to an automobile or an individual’s physical injury. They may also conduct interviews with the parties and witnesses. Adjusters may also be directly involved in negotiating settlements with covered individuals, and will also be involved in any litigation that may ensue if the injured person disputes the insurer’s findings. Among other things, an adjuster may be the individual who pressures an injured person to accept a “quick cash” settlement after an accident.
Contesting an adjuster’s conclusionsUltimately, an insurer has a legal obligation to treat each claim in good faith. Few adjusters will make it easy for an injured person to build a case of bad faith. When an adjuster’s conclusions don’t fit with the facts, the injured person needn’t accept inadequate coverage. Disputing a denied or under-compensated claim doesn’t necessarily require jumping straight to a lawsuit. The first step is often simply to reach out to the adjuster to discuss the rationale for the adjuster’s decision. In some cases, the adjuster may not have a complete set of information, or may have missed an important fact that could change how the insurer handles the case. In any dispute with an insurer, an injured individual who goes without legal assistance will be at a significant disadvantage. An adjuster’s job is to be an insurance expert. The role requires developing a sound basis for the insurer’s decisions. An individual who lacks the adjuster’s sophistication may do more harm than good while making arguments in favor of coverage. An attorney can help the claimant ask the right questions and present evidence in a manner that will give the claim a better chance of being approved. For over 40 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area recover compensation in personal injury, auto accident, and workers’ compensation cases. If you have been injured please don’t hesitate to reach out to discuss your case with an attorney. Our initial consultations are free. Call us today at 702-388-4476 or contact us through our website.
Insurers examine the merits of every claimBear in mind that an insurance adjuster’s job is to ensure that the insurer only pays for expenses that are rightfully covered under a policy. Adjusters are insurance experts. They know the cracks in a policy that might allow a claim to be partly or entirely denied. Adjusters therefore examine every claim to ensure that they tell an accurate story of the injury, its diagnosis, and how it is likely to be treated. Every insurer is vigilant against potential fraud. An employee who files a fraudulent claim will have the claim denied and may face other significant consequences, like a lost job and even criminal prosecution. Criminal fraud involves an intent to deceive the insurer, which may not be the case in many circumstances where an employee has made honest mistakes. But even an accusation of fraud can leave an injured employee without coverage.
Social media posts are a form of evidencePeople who routinely use social media platforms like Facebook, Instagram, or Twitter can easily forget that their posts can reach a wide audience. Even if a user studiously controls their privacy choices, for example by not allowing “public” access, social media posts can become the focus of legal disputes, including administrative conflicts over denied workers’ compensation claims. What once was “private” may lose its privacy protection as a consequence of obligations in discovery or a subpoena. Social media posts can also reach coworkers and managers. Do not discount the possibility that a manager could alert an HR department about a social media post that they believe raises concerns. Cases of true fraud—where an employee is caught posting pictures of herself running a marathon two days after claiming to have a broken leg—are more common than one might expect. But social media can create hazards for injured employees in more subtle ways. Anything that contradicts the facts included in claim documents could create doubts in the mind of an insurance adjuster. In the social media world, which places a certain premium on keeping up appearances, a photograph or casual comment could cast doubt on the severity of an employee’s injury.
Call the GGRM Law Firm for help with your workers' comp claimFor over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area pursue workers’ compensation claims. We offer free attorney consultations to new clients. To schedule an appointment call us today at 702-388-4476 or send us a request through our site.
- Drunk drivers are more common at night than during the day. In the NHTSA’s analysis, about 60% of pedestrian fatalities were associated with alcohol. Pedestrians themselves may also be under the influence of alcohol, which can impair judgment and reduce reaction times.
- Bright lights from buildings and other cars can, ironically, make less well-lit features of the roadway, including pedestrians, harder to see.
- Night worsens the effects of environmental factors, like rain and roadway debris, that can affect a driver’s control of a vehicle, visibility, and other factors that can contribute to accidents.
- Many drivers experience reduced acuity of vision at night. Compromised depth perception, blurry vision, and trouble with differentiating light and dark, can all reduce a driver’s ability to quickly respond to changing conditions.
The goal is to prevent bites before they happenWhen thinking about what to do about a threatening animal it’s important to remember that the goal is to improve the safety of people around the dog. Dogs may be extremely vocal and excitable when they are behind fences or tied up, but pose little risk to people or other animals in other contexts. But other dogs may be undisciplined or highly territorial. The legal rules around dog ownership try to strike a balance between acceptable dog behavior within the boundaries of a homeowner’s property and unacceptable risks to public health. In Las Vegas all dogs older than four months must be licensed and vaccinated against rabies. Homeowners are allowed to keep their dogs off leash provided that they are confined to the dog owner’s property by a fence or other sufficiently tall and robust barrier. Absent specific rules, like an HOA’s bylaws, a dog that occasionally barks at passers-by from behind a sturdy fence probably doesn’t present a legally actionable problem
When are legal steps against a neighbor’s dog appropriate?When a polite conversation isn’t enough to get a neighbor to address problems with a dog, there may be cause for threatening legal action in some situations. Some of the circumstances that might justify a legal response include:
- The dog behaves aggressively and barks constantly from your neighbor’s yard while you are in your own yard, making your property unpleasant and potentially unsafe.
- The dog routinely makes loud noises at unreasonable times, like late at night.
- The dog has a history of behaving menacingly or biting on at least two occasions within an 18 month period, such that it qualifies as a “vicious” animal within the meaning of Chapter 7.16 of the Las Vegas Municipal Code.
The GGRM Law Firm understands dog bite litigationThe attorneys at Greenman Goldberg Raby Martinez have extensive experience with dog bite cases. We offer free attorney consultations to anyone with questions about how to handle a dog that poses a threat or has attacked someone. To schedule an appointment call us today at 702-388-4476 or contact us through our website.
Daniel DeMaranville served as a police officer for 21 years before retiring from the force in 1990 and becoming a security officer for a private company. In 2012, Daniel died from cardiac arrest shortly after undergoing gallbladder removal surgery.
After his death, Daniel’s wife, Laura DeMaranville, filed a claim for workers’ compensation death benefits. The claim was denied by both the City of Reno and Employers Insurance Company of Nevada (EICON), the company that provided workers’ compensation coverage to the city at the time Daniel was employed. Both parties argued that there was no evidence that Daniel’s death was caused by heart disease.
The denial was appealed, and an appeals officer reversed this decision. The appeals officer found:
- There was evidence that occupational heart disease was the cause of death.
- The City of Reno was liable since they were self-insured at the time of Daniel’s death. EICON was not liable since they no longer insured the city at the time of Daniel’s death.
- Benefits should be calculated using the income Daniel earned as a security officer at the time of his death.
The Supreme Court’s Decision
The Supreme Court’s ruling addressed three questions: • Did a compensable injury cause Daniel’s death? • Who is responsible for compensating Daniel’s family? • How should the death benefits be calculated?
Did a compensable injury cause Daniel’s death?
Both Daniel’s surgeon and a cardiologist specialist agreed that heart disease caused Daniel’s death. Based on this evidence, the Supreme Court ruled that it was clear that heart disease was the cause of Daniel’s death.
By law, heart disease is considered an occupational disease if it is diagnosed in a police officer who has served for more than five years. This is true even if the heart disease is not diagnosed until after the police officer has retired. Therefore, the Supreme Court ruled that the plaintiff was entitled to benefits since Daniel’s occupational heart disease was covered by the workers’ compensation system.
Who is responsible for compensating Daniel’s family?
The Supreme Court ruled that the lower courts were wrong to conclude that the City of Reno was liable for the workers’ compensation claim. Daniel’s heart disease was related to his work as a police officer. EICON was the city’s insurer the last time that Daniel was employed as a police officer. It doesn’t matter that EICON no longer insured the city at the time of Daniel’s death—the company did provide coverage when Daniel was employed and exposed to the risk of heart disease. Therefore, the court found that under the “last injurious exposure rule,” EICON was liable for compensating Daniel’s family.
How should the death benefits be calculated?
The Supreme Court also disagreed with the method used by the lower court to calculate the workers’ compensation death benefits. The law states that a spouse can recover two-thirds of the victim’s average monthly wage for the rest of their life. The law also states that the average monthly wage should be calculated by looking at the victim’s income during the 12-week period ending on the date which the injury occurred. In this case, the court found that the date which the injury occurred was the last day that Daniel was exposed to the risk of occupational heart disease, which was his last day as a police officer. Therefore, the court ruled that the benefits should be calculated using the income Daniel earned as a police officer.
This is a complex case, but it answers a lot of questions regarding occupational disease benefits, death benefits, and liability for fatal work-related illnesses. If your loved one has suffered a fatal work-related injury or illness, it’s important to seek legal representation as soon as possible.
The GGRM Law Firm Represents Victims Suffering From Occupational Diseases
The workers’ compensation attorneys at Greenman Goldberg Raby Martinez have decades of experience representing clients who have been diagnosed with occupational diseases in the Las Vegas area. Our attorneys have the legal expertise and resources that you need to win the benefits you deserve. Schedule a free consultation about your case by calling 702-388-4476 or filling out the form on this contact page.
- Pre-injury obligations.
- Obligations in the immediate aftermath of an injury.
- Obligations as the employee recovers.
- They may not take adverse employment actions against them based solely on their having suffered or reported an injury.
- They must keep good records of the incident and report it to the state.
- They are required to cooperate with any investigation that arises due to the employee’s workers’ compensation claim, such as if the insurance adjuster has questions about whether the injury was work-related.
- They must comply with laws governing an injured employee’s options for returning to work, including offering light duty where appropriate.
- They must make reasonable accommodations for an employee who has suffered a disability.