- What Obligations Does an Employer Have to Help an Injured Employee?
- Hit by Debris from a Truck in Nevada
- Four Reasons Why a Workers’ Comp Claim Might be Denied
- Is Lead Poisoning Still with Us?
- Seeking Workers’ Compensation Coverage for Depression
- Roadway Debris Poses a Serious Risk to Motorized Scooters
- Lawsuits After Deaths During Childbirth
- Common Sources of Infant Head Injuries
- The Risk of Driving on Recalled Tires
- Pregnancy and Workers’ Compensation Claims
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- Accident Lawyer
- Personal Injury
- Personal Injury Lawyer Las Vegas
- Product Liability
- Social Security Disability
- Workers Compensation Attorney Las Vegas
- Wrongful Death
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.
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.
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?
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.
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"
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 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.
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.
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.
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.
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.
Hire a Las Vegas Injury Lawyer With Experience
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.
Motorists Need a Las Vegas Car Accident Attorney and Good 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.