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5 Tips for Making a Worker’s Comp Claim

When you’ve suffered an injury at work, your focus is likely not on keeping the record of events clear. While this is understandable, it can also prove to be problematic later on. The worker’s comp insurance carrier isn’t in business to help you through this difficult time—the company is in business to make money. The following tips will help you protect yourself and avoid giving the insurance company a reason to deny payment of your claim.

1. Follow the Rules
Nevada law requires that you notify your employer of an accident or injury as soon as possible but no later than 7 days after the accident. If you aren’t able to complete a report immediately due to the seriousness of your injury, make it a point to do so once you are able to.

2. Create a Record
Filling out your employer’s accident report is the first step toward creating a record, but it’s only the beginning. Be sure to compile your own detailed notes as soon as possible after the injury, and be sure to include the names of any witnesses to the incident. The morning after your accident, you may think the details are forever burned into your brain, but they’re not, so make sure to write everything down.

3. Tell the Truth
Discrepancies in your story may come back to haunt you later. Make sure to tell your story clearly and accurately, whether you’re talking to the nurse at the emergency room, your supervisor or your neighbor. Try not to exaggerate any details or minimize fault as your best chance of getting the compensation you deserve is through the truth.

4. Remember the Insurance Rep is Not Your Friend
The insurance company representative has one job: to save the company money. Though the person who calls you may seem helpful and sympathetic, remember what they are there for. If the conversation is not being recorded, it is best to assume they are taking notes and take some of your own. Do not allow this representative to make assumptions or put words in your mouth about the incident.

5. Talk to a Worker’s Compensation Attorney
The earlier you speak with a worker’s comp lawyer, the better. An attorney who is well versed in worker’s compensation law, claim procedures and insurance company tactics can guide you through the process and take the pressure off of you and your family. Do not agree to anything with the insurance representative without legal review first.

If you have been injured at work and are considering representation, call Greenman, Goldberg, Raby & Martinez at (702) 388-4476 or fill out the brief form on our contact page to schedule your free consultation today.




Steps to Take After Being Injured on the Job Offer



7 Tips to Stay Safe at Work

Work-related accidents have become a common occurrence across the United States. Around 3.8 million Americans experience work-related injuries each year according to government reports. The increase in this number has led safety institutions and authorities to take necessary measures required to avoid such incidents. Although workplace safety is the responsibility of the employer, as an employee, you also have control over your own well being in the workplace. Here are 7 tips to help you stay safe at work.

1. Identify risks– it is important to recognize the potential hazards associated with your job. Whether you work in a high-risk industry or not, identifying potential risks at work can help you avoid injury. Take all safety precautions associated with equipment or operations at your workplace.

2. Relax– Tired, worn out and over-worked employees have a greater chance of hurting themselves due to lack of rest and loss of concentration. Do not work for extended hours or during night shifts if you find yourself incapable of maintaining focal stability.

3. Protective gear– Never take protective equipment for granted. If instructions direct you to wear gloves, earplugs, earmuffs or safety glasses, wear it to reduce possible injury. Using this gear is not merely a suggestion; it is there to ensure you are not injured.

4. Communicate– If you feel there are unaddressed safety issues in your work environment, bring it to the attention of your manager or supervisor. This will ensure the issue is acknowledged before anyone suffers injuries. It is the legal duty of the company to address safety issues and to take immediate action.

5. Avoid short cuts– Although completing work related actions step by step is ideal, employees tend to take shortcuts when they are pressed for time. This can often save time and help you complete a task faster; however, it can also leave you vulnerable to serious injuries in the long run.

6. Take breaks– You are legally entitled to a certain number of breaks for a specified amount of time throughout the work day. Although you may feel like you will be unable to complete your work if you take breaks, they are crucial for workplace safety. Research has proven that employees who take frequent breaks preform more efficiently than those who don’t.

7. Legal rights– As an employee, you have the right to a safe work environment. If you have serious concerns about unaddressed safety issues in the workplace, it is suggested to contact an attorney for a consultation to see what recourse you may have.

If you have concerns about workplace safety, or have been injured at work, call Greenman, Goldberg, Raby & Martinez at (702) 388-4476 to schedule your free consultation today.




Steps to Take After Being Injured on the Job Offer



How are Worker’s Comp Benefits Determined?

Workers in Nevada are entitled to medical care and compensation if they are injured on the job. Nevada’s Industrial Insurance Act provides guidelines for the different kinds of benefits injured workers are entitled to, and how benefits are determined when a workers’ compensation claim is filed. Generally, injured employees are entitled to the payment of medical bills, weekly compensation, disability payments, and vocational rehabilitation. How these benefits are determined involves a highly complex series of requirements that must be met in order to be approved.

Medical Benefits, Transportation, and Per Diem Allowance

Injured employees are entitled to receive medical benefits, including medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.
Mileage reimbursement is also a possible benefit. If an injured worker is required to travel 20 or more miles one-way, or 40 miles or more in one week, from his or her residence or place or employment to a health care facility for treatment, for attendance at a rehabilitation center, or to participate in a vocational rehabilitation program, mileage reimbursement may be provided.

Temporary Total Disability

If an injured employee is unable to work for a period of five or more consecutive days, or five cumulative days in a twenty-day period, due to their injuries, he or she is entitled to receive temporary total disability (TTD) payments. This is the equivalent of 66 ⅔ percent of the employee’s average monthly wage, up to a maximum yearly amount as defined by the Nevada Department of Industrial Relations.

This requires certification of the period of TTD by the treating physician. TTD payments must cease when a physician determines that the employee is physically capable of employment, or when the employer offers light-duty or modified employment.

Permanent Partial Disability

After completing medical treatment, the injured employee may have incurred a permanent partial disability. The employer’s insurer must consult with an approved rating physician to determine the extent of the disability under the American Medical Association’s guidelines. PPD compensation is calculated based on a factor of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.

Permanent Total Disability

If an injured employee becomes permanently and totally disabled from gainful employment, he or she is entitled to receive 66 ⅔ of the average monthly wages as long as employment is unobtainable. The Nevada Industrial Insurance Act deems several injuries as permanent and total, including the total and permanent loss of sight of both eyes, the loss by separation of both legs at or above the knee, the loss by separation of both arms at or above the elbow, and an injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm. Other injuries may qualify as well.

As is evidenced by the information outlined above, worker’s compensation is a complex and highly technical process requiring analysis of each individual claim under Nevada law. If you have been injured on the job and have questions about workers’ compensation benefits, call Greenman, Goldberg, Raby & Martinez at (702) 388-4476 to schedule your free consultation today.




Steps to Take After Being Injured on the Job Offer



What Benefits to Expect From Workers’ Comp

Benefits from workers’ compensation insurance may be modest, but they are extremely important to an employee who is unable to work due to an injury or illness suffered on the job.

Employers are required by state law to purchase workers comp insurance, so that employees who are injured on the job can receive the following:

  • Payment for medical care, including initial emergency treatment and subsequent care such as doctor consultations, tests, surgeries, and physical therapy. Prescription medicines and transportation costs are also usually covered.
  • Replacement income for up to two years. Although this benefit is generally two-thirds of the employee’s average weekly wage, it is not subject to taxes.
  • Retraining for a new job, if it becomes necessary. Many workers use this opportunity to move into a field that may be more secure in the long run or less physically demanding.
  • Payment for an impairment that is deemed permanent.
  • Burial expenses and possibly a lump-sum payment to relatives of a person who is killed on the job.

Employees may begin receiving workers’ comp benefits within days after a doctor has documented that a worker’s injury or sickness is serious enough to warrant time off.

You May Require Legal Help With Your Case

Your case may seem simple to you, but workers’ comp law can be complex. Hiring an attorney who has experience handling workers’ compensation cases is a good idea, whether or not your employer contests your claim.

Legal representation can be the difference between being required to return to work before you believe you are physically able and acquiring the time and benefits you need to fully recover from your injuries or illness. If you’re in the Las Vegas area, call 702-388-4476 for a free consultation on your workers’ compensation case.

What Is Not Covered Under Workers’ Comp

Workers’ compensation insurance covers a wide range of injuries and illnesses, but it’s also important for employees to understand what is not covered under workers’ comp.

Designed to provide prompt benefits for employees who are injured on the job while eliminating the need to file a costly and time-consuming lawsuit, workers’ comp benefits are paid regardless of who is responsible for an employee’s injuries or illness. But claims are not paid under certain circumstances, including:

  • If a worker is hurt while under the influence of alcohol or drugs, committing a crime, or performing an activity specifically restricted by company policy. Denial of benefits is also likely if the injury is self-inflicted.
  • For common, one-time illnesses such as influenza or headaches.
  • For a condition that existed before an employee was hired or began performing a particular job. A pre-existing condition suffered by a worker that worsens due to conditions in the workplace may be covered under workers’ comp.
  • Injuries or illnesses that did not occur in the workplace or during the course of performing the job. An employee who is hurt while performing job duties away from the office may qualify for benefits. But an employee who is injured in an automobile collision while commuting to or from a job, for example, is not typically covered.
  • Injuries that can be treated with basic first aid, such as cuts or scrapes.

Workers Comp Coverage Is Not Always Clearly Defined

Conditions that develop over time, such as repetitive motion injuries, respiratory illnesses or even mental health issues, if they are found to be rooted in the workplace, can be the basis for a workers compensation claim.

In such cases, employees find hiring a workers’ compensation attorney to be helpful. An attorney familiar with the law and similar cases, canwork with a physician to evaluate your condition and obtain at least some portion of benefits.

Personal Injury Settlement vs. Verdict: What’s the Difference?

If you have been injured and are considering a personal injury lawsuit, you may be curious about possible outcomes. Will you receive compensation at all? How long will the case take? Do you even have a case at all?

If you have been injured in a slip and fall accident, or an auto accident, in a dog-bite incident or even as the result of a defective product, you may be eligible to receive compensation.

Depending on the specific details of your case, there are two distinct outcomes of personal injury cases. Your case will either end in a settlement, or it will go to trial and be decided by a jury.

What is a Settlement?

A settlement refers to an agreement reached pre-trial between the plaintiff and the defendant or the defendant’s insurance company. The vast majority of personal injury cases are settled without a trial, with some citing figures as high as 95% for these cases. This means your lawyer and the lawyer for the defendant, or the defendant’s insurance company, have come to a compromise on the terms of your injury claim. This often ends in some sort of financial payout, but the terms can vary widely.

What is a Verdict?

A verdict refers to a final decision by a jury. If you are unable to come to agreeable terms and settle, the lawsuit can advance to a judge or jury trial. Personal injury cases are heard in civil court and standards are slightly different from that of criminal court.

In civil court, the burden of proof for evidence is a “preponderance of the evidence,” as opposed to “beyond a reasonable doubt” in criminal court. It is up to the plaintiff to establish that they sustained injury due to the negligence of the defendant. In civil court jury trials, there are generally eight jurors and three-fourths of the jurors must agree on a verdict.

From there, the jury, or sometimes the judge, will then determine the financial compensation that is due to the plaintiff, to be paid by the defendant. Some states, including Nevada, have a cap on the amount of compensation that can be awarded in certain types of personal injury cases. These caps often only limit non-economic damages, meaning it does not cap payment for your medical bills and lost wages at work. For example, compensation for non-economic damages in medical malpractice suits is capped at $350,000 in Nevada.

Which is better for me?

Each case should be viewed based on its specific context, circumstances and other details and facts. Many plaintiffs, however, tend to decide settling is the best option for their specific circumstances as this limits the risk of going forward with a jury trial and incurring additional costs associated with litigation. In circumstances when a plaintiff feels they have not been offered fair compensation during settlement negotiations, they may want to take the case to trial.

For more information on what legal options are available to help you receive fair compensation call Greenman, Goldberg, Raby & Martinez at (702) 388-4476 to schedule your free consultation today.

What’s the Difference Between a Personal Injury and a Workers’ Compensation Claim?

Sometimes the workplace can be dangerous. Worker’s compensation covers all work-related injuries, including incidents such as auto accidents, slip and falls, or illnesses that result from unsafe work environments.

Because these types of incidents are commonly associated with personal injury lawsuits, many people wonder about the difference between a workers’ compensation case and a personal injury claim or lawsuit.

Worker’s compensation or “workman’s compensation”

Injury at Work Claim

Workers’ compensation refers to the State of Nevada’s mandatory insurance and claims process for helping employees who are injured on the job. NRS 616A.230 makes clear that “…Every person, firm, voluntary association and private corporation, including any public service corporation, which has in service any person under a contract of hire” must have workers’ compensation coverage.

An employee is defined as “every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully.” (NRS 616A.105)

When an employee suffers a work-related injury, regardless of fault, Nevada’s workers’ compensation system is supposed to ensure the quick and efficient payment of, among other things, any resulting medical expenses, lost wages and/or compensation for permanent disabilities. It is an exclusive remedy (the only available option for employees who seek recovery from their employer) and there are significant limitations on what the employee can recover.

Personal Injury

Personal injury cases, on the other hand, may involve similar incidents (auto accidents, slip and falls, etc.) but are for claims made against someone other than the employer. They require the filing of a lawsuit to recover damages relating to the accident/injury. Such claims naturally involve allegations of fault – usually negligence. (NRS 41.130)

To recover under a negligence claim in Nevada, an injured party must prove four (4) things. First, the opposing party (defendant) must have owed the injured person a “duty” (not crash into them, keep a location reasonably free of hazards, etc.). Second, the defendant must have “breached” that duty. Third, that breach must have caused the accident/injury. Fourth, the accident/injury must have resulted in actual damages.

Accordingly, personal injury suits and workers’ compensation claims are similar, but they differ in a couple of ways.

Fault

As noted above, workers’ compensation provides for compensation regardless of fault. With few exceptions, even if an injured worker caused his own injury, he is still entitled to receive the benefits accorded to him under the workers’ compensation statutes.

On the other hand, in a personal injury lawsuit, the injured party must establish that the defendant was at fault and actually caused the accident/injury.

Compensation

One of the biggest differences between workers’ compensation and personal injury claims has to do with the types of damages that may be recovered. Specifically, workers’ compensation damages are limited to medical treatment/expenses, lost wages, permanent disability benefits and vocational rehabilitation in the event that the employee is unable to return to work.

In contrast, a personal injury lawsuit entitles the injured party to recover all of the damages incurred, including those available through workers’ compensation and lost earning capacity, future medical expenses, pain and suffering, loss of quality of life and more.

Have you been hurt or injured in an accident? Whether on or off the job, a good lawyer can help ensure you get the best treatment for your injuries as well as the maximum compensation permitted by law. The attorneys at Greenman, Goldberg, Raby & Martinez have the experience and expertise to provide quality representation that you can count on. Call today for a free consultation at (702) 388-4476.




Steps to Take After Being Injured on the Job Offer



When to Hire a Workers’ Compensation Lawyer

Have you been injured in an accident and are now wondering if you should hire an attorney to represent you? The answer is not always clear, and in the aftermath of an accident things can be very complicated and confusing. Let our experience and expertise work for you.

Greenman, Goldberg, Raby & Martinez has been representing workers’ compensation clients for more than 40 years. Our firm is AV rated (the highest possible rating) and has the distinction of being listed in the Martindale-Hubbell Bar Register of Preeminent lawyers. The experience and recognition of our attorneys will put you at ease knowing you have acquired the highest level of representation available.

Office Injury

When to hire a workers’ comp lawyer

Have you been hurt on the job? Are you confident that the insurance company is treating you fairly and providing you with all of the available workers’ compensation benefits you deserve? Even if this is not your first experience with the claims process, your employer and the insurance company are much more familiar the required courses of action than you. Hiring a workers’ compensation lawyer is the best way to ensure that you are treated fairly and get the maximum compensation permitted by law.

Here are just some of the benefits of hiring a worker’s compensation lawyer:

  • Confidence in knowing that the various forms and processes are completed properly and within the prescribed timeframes so that all of your rights are preserved.
  • Assistance with obtaining the medical treatment you deserve, including getting you in to see to the right doctors who can help you recover from your injuries.
  • Peace of mind knowing that someone is working on your behalf and communicating with your employer and the insurance company to make sure that you are treated fairly and get the maximum compensation you are entitled to.

Whether you have suffered a minor injury or incurred a severe disability, the attorneys at Greenman, Goldberg, Raby & Martinez can help protect your rights.

Hire a workers’ comp lawyer from GGRM today by calling (702) 388-4476 for a free consultation.




Steps to Take After Being Injured on the Job Offer



Injury Lawyer Las Vegas

Hire a Las Vegas Injury Lawyer With Experience

Call Accident Attorney

As you seek an injury lawyer in Las Vegas, remember the importance of experience.

When hiring a lawyer, it is important to choose one who is familiar with Nevada law, and who is accustomed to dealing with insurance companies, medical personnel and the courts. These qualifications could be the difference between receiving the compensation you deserve and losing the case entirely. You also want an attorney who is available to answer your questions and who will personally handle your case.

The law firm of Greenman, Goldberg, Raby, and Martinez has practiced law for nearly 45 years and is listed in the prestigious Martindale-Hubbell Bar Register. Our focus has always been on personal injury law and workers compensation, making us the best choice if you find yourself in need of representation for one of these matters. We pride ourselves in the personal attention we provide to each and every one of our clients.

Since 1970, our attorneys have made it their mission to treat every wrongly injured client as an individual who deserves adequate compensation. A straightforward, personal and detail-oriented approach has led our Las Vegas injury lawyers to win settlements or awards of millions of dollars for our clients.

Call Greenman, Goldberg, Raby, and Martinez today at 702-388-4476. We will provide you with a complimentary initial consultation, either in person or over the phone, to review the facts and ultimately determine the merit of your case.

Recommendations of An Injury Lawyer in Las Vegas

The minutes and hours after you’ve been hurt in an accident or collision can be confusing. We recommend you take these steps following the incident:

  • Call Greenman, Goldberg, Raby, and Martinez promptly. If your injuries don’t permit you to do this, have a friend or relative place the call on your behalf.
  • If you are able, take photos of the accident scene.
  • Write down the names of any witnesses
  • If police come to the scene, cooperate with the police officer and their investigation.
  • Do not discuss your case with a representative of any insurance company, even your own before seeking representation. What you say could be used later to deny benefits or compensation which is rightfully yours.
  • Consult with us, in person or over the phone. A Las Vegas injury lawyer at Greenman, Goldberg, Raby, and Martinez will evaluate your case and begin negotiating with the other side. Oftentimes, short-term benefits can be obtained to help cover expenses while you are unable to work.
  • Focus on recovering from your injuries. Don’t allow financial worries to distract you. Our highly experienced attorneys will handle all aspects of your case while you focus on healing.

To contact a Las Vegas injury lawyer from the firm of Greenman, Goldberg, Raby, and Martinez, call 702-388-4476.




Steps To Take After a Car Accident Offer



Las Vegas Car Accident Attorney

Motorists Need a Las Vegas Car Accident Attorney and Good Insurance

Auto Insurance

Purchasing the appropriate auto insurance coverage before you are involved in a traffic collision is as essential as hiring a qualified Las Vegas car accident attorney after an accident.

Despite the fact that vehicle owners in 47 states and the District of Columbia are required to obtain auto insurance, many motorists remain uninsured or underinsured at the very least. This can prove to be one of the costliest mistakes drivers make.

An insurance policy is intended to safeguard your financial interests, just as an attorney does. A policy will arrange for auto repairs or replacement, protect your family from claims for damages and possibly help with medical expenses even before final compensation is determined.

A well-written auto policy with adequate coverage and affordable premiums also offers you peace of mind, knowing a collision won’t bankrupt you.

The car accident attorneys at the law firm of Greenman, Goldberg, Raby & Martinez suggest purchasing a policy from a reputable company that will be responsive when you need them. Although low-cost policies may seem ideal initially, they may ultimately cost you both cash and aggravation in the event you have to file a claim. Many people ask which insurance company they should use. Our firm can provide valuable insight regarding the reputation of certain insurance companies, and which companies you will want to avoid.

Today, it’s possible to buy auto insurance online, although the responsibility of finding an appropriate policy rests with you. We are more than willing to provide a recommendation regarding the best insurance companies to use.

Types of insurance coverage:

  • Liability. Pays if you are responsible for an accident which leads to bodily injury or property damage.
  • Comprehensive. Pays for damage due to vandalism, hail, and events other than a collision.
  • Collision. Pays for repairs after an accident.
  • Uninsured/Underinsured Motorist Coverage. This is always a good choice because it provides additional coverage if you are involved in a collision with a driver who is uninsured or underinsured. We highly recommend this coverage to all of our clients.
  • Medical Payments Coverage. Pays for your medical bills up to a certain amount. We also recommend this coverage.

Not sure where to start? Consult with a Las Vegas car accident attorney from Greenman, Goldberg, Raby & Martinez today at 702-388-4476.




Steps To Take After a Car Accident Offer