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5 Reasons Your Workers’ Compensation Claim May Have Been Denied

5 Reasons Your Workers’ Compensation Claim May Have Been Denied
You wouldn't be the first injured worker to think you have “a sure thing” on your hands with a workers' compensation claim. As a form of insurance taken out by employers, workers' compensation provides financial remediation (and peace of mind) to people who are injured in the course of performing their job duties. Like personal injury lawsuits, workers' compensation claims must be handled with skill, care and caution because claims adjusters can – and do – reject workers' compensation claims. The most accomplished work injury attorneys in Las Vegas, at Greenman, Goldberg, Raby and Martinez, warn there is “no sure thing” with these claims, especially when:

1. The Employer is Not Notified of the Injury

Employees must notify their employer of an injury immediately – no matter how minor or insignificant it may seem at the time. Some workplace injuries “start small” and escalate within a day or two. Prompt notification of any type of injury reduces the risk of an employer casting doubt on the credibility of a claim – and triggers the inevitable flow of paperwork that must follow.

2. There was a Delay in Seeking Medical Treatment

The shadow of doubt can grow darker over a workers' compensation claim when a worker postpones (or fails to seek) medical treatment. There may be good reasons to do so: A worker may not be able to secure an appointment with a physician; assume the injury will improve on its own; or think they need permission from the employer first. Rather than jeopardize a legitimate claim, work injury attorneys know, seeking medical treatment as soon as possible is tantamount to a successful claim.

3. The Filing Limit Passes

Time is of the essence with the actual filing of the claim, too. Nevada state law gives injured workers 90 days from the day of the injury to file. But pushing the deadline to the limit can cast another shadow over a claim, causing an adjuster to question what took so long. Work injury attorneys strike a balance between thoroughness and expeditiousness.

4. A Discrepancy Exists Between the Accident and Medical Reports

Some discrepancies can be explained; they might be the result of a simple oversight. But discrepancies that cast serious doubt on the assertions in the original accident report are a different matter. Injured workers must report all their symptoms and keep the narrative of their injury consistent.

5. Medical Testing Reveals the Presence of Alcohol or Illegal Drugs

There is no surer way to derail a workers' compensation claim than for a responding physician to find alcohol or illegal drugs in the system of an injured worker, no matter how serious the work-related accident.

Contact Work Injury Attorneys in Las Vegas

These are some of the most common reasons why workers' compensation claims are denied. There are many more. The most skilled and experienced work injury attorneys in Las Vegas at Greenman, Goldberg, Raby and Martinez know there is no such thing as “a sure thing” when it comes to a workers' compensation claim. You may not be able to avoid them all, but we can certainly give you the benefit of the best legal counsel in Nevada when you call us at 702-388-4476 for a free consultation.

Going Back to Work After a Work Place Injury

Even an otherwise mild workplace injury may feel devastating. You and your employer may both want you back on the job as soon as possible. You, because being active and earning money is important and can expedite your recovery. Meanwhile, your employer is likely eager to see the return of a productive and much-needed employee. However, rushing back to work may not be so simple nor is it necessarily the best thing for your health and future well-being. At Greenman, Goldberg, Raby and Martinez, our work injury attorneys in Las Vegas care about your recovery and want you to feel comfortable physically, emotionally, and financially. Consider your options and rights when returning to work following a workplace injury:

Returning to Work Following a Worksite Injury

  • Listen to your doctor.  Your physician is your number one consultant when it comes to determining whether or not you're ready to go back to work. Always make sure you're cleared to head back to work or to get a new job by your doctor first. Working before your body is completely ready can slow your recovery or even cause additional or prolonged injuries.
  • Don't allow your employer to pressure you.  Employers are often worried about the bottom line and as such may try to pressure you to come back to work before you're ready. This may take the form of mild but continual suggestions that you're ready or it may be more threatening, with your employer saying you may be fired or replaced if you can't come back within a certain timetable. If you are ever faced with such threats or are told not to file a workers' compensation claim, it's important to contact workers’ compensation attorneys as soon as possible to stand up for your rights.
  • Understand you may not have your old job back.   While work injury attorneys will assist you throughout the workers' compensation claim and help you secure all of the resources you need to recover from your accident, it’s important to note you may not be able to go back to your same job or position. Nevada is an at-will state so while it’s illegal for any employer to take retaliatory steps against any employee for making a workers' compensation claim, employers can dismiss you for other reasons. If, for example, your job is essential to the employer and cannot go unfilled during your healing process or if your injury has made it now impossible for you to fulfill previous work tasks, then your employer may have grounds for termination or reassignment so long as it does not violate the Americans with Disabilities Act.

Contact the Work Injury Attorneys of GGRM

To learn more about ADA, workers' compensation claims, or about what to do if you've been injured in a workplace accident, contact GGRM, the work injury attorneys in Las Vegas. For over 45 years GGRM has been protecting Southern Nevadan’s rights from wrongful termination to personal injury. Call 702-388-4476 to schedule a free consultation today.

Safety Tips for Safe Tailgating

Loyal UNLV Rebels fans know one of the best ways to get fired up before a game is to fire up a grill in the parking lot – a proud tradition known as tailgating. Allow the Las Vegas personal injury law firm of, Greenman, Goldberg, Raby and Martinez, to help keep you safe by sharing some food precautions and game-day safety tips so you’re ready to roar every time the Rebels take the field.

Practice Smart Food Safety

  • Ensure coolers are clean and free of water (and possible mildew).
  • Put perishable and non-perishable food in separate cooler sections.
  • Separate raw fruits from raw vegetables.
  • Wrap and carefully seal sandwiches and other prepared foods.
  • Pack mayonnaise and items made with mayonnaise (such as potato salad) last.
  • Pack a food thermometer (so you can test the internal temperature of grilled meat or chicken; both should reach 160 degrees).
  • If you’re bringing hamburgers to your tailgate party, choose pre-formed patties to minimize the handling of raw meat.
  • Use a hand sanitizer or antibacterial wipe after handling raw food.
  • Clean your hands after touching raw meat, and throw away any meat that falls to the ground or touches an unclean surface.
  • If you’re using a charcoal grill, consider instant light charcoal. It costs more than regular charcoal, but it eliminates the need for lighter fluid.
  • After grilling, refrigerate food within two hours. (After this time, bacteria forms quickly on food and may be unhealthy to eat.) Elongate the “save time” of heated foods by storing them in a slow cooker until you get home and can refrigerate them properly.
  • As you reload your refrigerator at home, remember a food safety maxim from the U.S. Department of Agriculture: : “When in doubt, throw it out.

Practice Smart Tailgating Safety

  • Choose a designated driver.
  • Drink responsibly, pacing yourself based on your presumed schedule for the day. Drink plenty of water to stay hydrated, and refrain from pairing alcohol with energy drinks since the latter can intensify the effects of alcohol.
  • Shield yourself from the sun – and the potential for a heat illnessby wearing appropriate clothing and applying sunscreen.
  • Protect your valuables. It’s easy to think “everybody” is your buddy at a tailgating party. Some thieves count on people to become distracted as they drink and socialize with their friends; this is when thieves make their move. Keep money, credit cards, your IDs and even your keys in a safe place at all times.
  • Dispose of trash and hot coals in their designated containers. Placing trash in the wrong container could have devastating results.

Contact the Las Vegas Personal Injury Law Firm of GGRM

The UNLV Rebels need your support, and using these safety tips will help keep you healthy and safe all-season long. If by some chance you do suffer an injury, turn to the most experienced Las Vegas personal injury law firm, Greenman, Goldberg, Raby and Martinez. Just as you’re the Rebels' best advocate, we’re the best advocates if you suffer a personal injury. Call 702-388-4476 for a free legal consultation.

Home Construction Safety Tips

Call it a “perfect storm” of opportunity: affordable mortgages, robust employment and wage increases have converged in 2017 to propel home remodeling to an all-time high, up 4.5 percent over 2016. Professional contractors are reveling in the lion's share of the remodeling boom. But as any homeowner who has undertaken a major home construction project knows, it's difficult to remain a passive observer without yearning to get into the act by swinging a hammer, hanging a fixture or applying a fresh coat of paint. The personal injury lawyers in Las Vegas -- Greenman, Goldberg, Raby and Martinez -- commend the DIY spirit. But in an effort to quell an imperfect storm of home accidents, they urge homeowners to take a few precautions first:
  • Never undertake a home improvement project unless you: have the proper tools at your disposal; know how to complete the project from start to finish, assuming everything goes as planned; and know how to complete the project if you encounter problems. It's smart to have the name of a trusted contractor you can call if your project happens to run off the rails.
  • Keep a basic first aid kit nearby. Even the most careful and cautious contractors incur bumps and scrapes in the course of a home improvement project. Novices who aren't accustomed to such physical rigors are even more predisposed to minor incidents. A first aid kit is best kept on standby.
  • Invest in the proper protection equipment. Many personal injuries are the direct result of a lack of protection. Don't try to cut corners on such things as safety glasses, gloves, face masks, ear plugs and non-skid shoes. Even long-sleeved shirts and pants can reduce the risk of minor injuries.
  • Lift heavy objects with care. Most often, it pays to have a partner lend an assist with heavy or bulky objects. If you can manage a heavy object on your own, bend your knees and don't twist or turn to one side as you rise. Once incurred, back injuries have a nasty way of lingering.
  • Balance a tool belt – or dispense with it altogether. Many DIYers like to emulate the style of their favorite TV host and strap on a tool belt. The idea has merit; it reduces trips up and down a ladder. But if a belt is too bulky or heavier on one side than the other, it's safer to leave tools on a nearby work table.
  • Exercise ladder safety. Falls are the leading cause of home accidents. Ladders are a prime contributor, often because they: are not structurally sound; are too short for the task at hand; or are set too close to or too far away from a wall. As a rule of thumb, for every 4 feet of ladder, the bottom of the ladder should rest 1 foot away from the wall.

Contact the Personal Injury Lawyers in Las Vegas

The personal injury lawyers in Las Vegas with the longest track record, Greenman, Goldberg, Raby and Martinez, prefer you call a licensed contractor when starting construction on your home. If you have been injured due to construction in your home at fault of another party contact GGRM for a free consultation. We want you to ride out the “perfect storm” of this year's remodeling boom – and nail down best practices, too. Call 702-388-4476 to speak with an attorney today.

Consequences of Street Racing Accidents

Street racing is a form of reckless driving in Nevada. The Las Vegas personal accident attorneys at Greenman, Goldberg, Raby and Martinez walk you through the consequences of street racing and the damage they can cause.

Understand the Law

In Nevada, street racing is a form of reckless driving. It’s unlawful to participate in, as well as organize a street race in Nevada. The fine print of city code 484B.653 states it’s unlawful for a person to:
  • Drive a vehicle “in willful or wanton disregard of the safety of persons or property.”
  • Drive a vehicle “in an unauthorized speed contest on a public highway.”
  • “Organize an unauthorized speed contest on a public highway.”
To organize a street race means to “plan, schedule, promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.” Of course, the worst possible outcome of street racing is death or injury, which personal accident attorneys have seen shatter countless families. But an accident can cause an horrendous lifetime of other consequences, including:
  • Physical impairment or permanent disability
  • Emotional distress
  • Lost wages, which can lead to the loss of a home and a host of other life-altering changes

Assess the Penalties

Compared to these consequences, incurring a misdemeanor charge from a police officer may pale in comparison. There’s no doubt Nevada laws are designed to deter repeat behavior: A first offense carries the possibility of:
  • A fine of between $250 and $1,000
  • 50 to 99 hours of community service time
  • A 15-day impoundment of the involved vehicle
  • The suspension of a driver's license of between six months and two years
  • A six-month jail term
A second offense carries the possibility of:
  • A fine of between $1,000 and $1,500
  • Between 100 and 199 hours of community service time
  • 30-day impoundment of the involved vehicle
  • Suspension of a driver's license between six months and two years
  • A six-month jail term
Third and subsequent offenses carry the possibility of:
  • A fine of between $1,500 and $2,000
  • The levying of 200 hours of community service time
  • 30-day impoundment of the involved vehicle
  • Suspension of a driver's license of between six months and two years
  • A six-month jail term
Meanwhile, “felony speed racing,” which causes someone's death or substantial bodily harm, carries a penalty of:
  • Between one and six years in prison
  • A fine of between $2,000 and $5,000

Contact A Las Vegas Personal Accident Attorney

If you or a loved one has been injured due to another party street racing or driving recklessly, you will need the legal prowess of the most experienced Las Vegas personal accident attorneys at Greenman, Goldberg, Raby and Martinez. Call 702-388-4476 for a free consultation so we can help get you the compensation to start your recovery.

Roller Coaster Safety Tips

Whether it's at a small carnival or large amusement park, roller coasters provide some classic, family-friendly fun. Greenman, Goldberg, Raby and Martinez injury law firm in Las Vegas wants to be sure your family enjoys the entertainment safely. Below are four roller coaster safety tips to protect yourself while at an amusement park.

1. Check the Requirements

All roller coasters should have stated limits and requirements including age, height, and weight. There should also be warnings for any specific health conditions that may make riding a particular coaster hazardous. Always read the posted warnings and follow them. Trying to bend the rules may result in injuries.

2. Stay Seated

While a ride is moving, it's imperative for your entire body--arms, hands, legs, and head--to stay inside the ride. Some rides will allow putting your arms up or are constructed to let your legs hang free. However, for optimal safety, remain seated with all safety equipment in place until you've come to a complete stop. Avoid neck injuries by keeping your head up and facing forward as sudden changes in speed and direction can be dangerous.

3. Check the Maintenance

Regular inspections and maintenance are required for all entertainment rides. If you see any signs a roller coaster has not been maintained properly, stay off. You also want to stay away from rides with an operator who may seem intoxicated or distracted from running the equipment properly and safely. If you notice this behavior you should contact a park manager immediately.

4. Self-Care

A long day at the amusement park can make you forget to take care of yourself as you're distracted by fun and games. Make sure to drink plenty of water throughout the day. This will prevent dehydration and exhaustion and reduce your risk of injury or illness. It's also important to take breaks between rides to give your body a chance to recover. If you start to feel sick or weak, take a break and wait until you feel better before trying another ride.

Call an Injury Law Firm in Las Vegas

If you become injured from a roller coaster or other amusement park attraction, contact the injury law firm in Las Vegas, GGRM. From broken bones to concussions, we will help you get the compensation you need to get you back on your feet. To learn more or to find out if you have a case, take our FREE QUIZ today!

Who’s at Fault in Lane Change Trucking Accidents?

It's important to share the road responsibly. Whether you're a bicyclist, motorist, or big rig operator, certain dangers are imminent if you don't respect the potential perils that can happen on roadways. Everyone's trying to get from here to there and eventually, vehicles are going to need to change lanes. In cars, blind spots are dangerous enough, but for big rigs, the simple act of changing lanes can cause risks to everyone. If you've been involved in an accident with a big rig, call on the assistance of Las Vegas truck accident attorneys to help you legally establish fault immediately. Here's what you should know:

Common Causes of Lane Change Accidents

Commercial and non-commercial drivers are often guilty of causing lane change accidents for the same reasons. The difference is, the damage delivered by a big rig can often be exponentially more impactful than if two everyday vehicles collide on the road. These accidents often result from:
  • Failure to use turn signals
  • Excessive speeding
  • Making a lane change in an intersection
  • Weaving in-and-out of traffic
  • Distracted operators (talking on the phone, texting, messing with the radio, eating, and drinking)
  • Driver fatigue
  • Intoxication

Two Main Types of Lane Change Accidents

Although by nature, accidents are unpredictable, accidents with trucks typically fall into one of two categories:
  • Rear-end collisions, often caused when the car behind the semi is unable to stop in time because the driver's view of the road ahead becomes blocked.
  • Side-swipe incidents, which often cause the most severe damage.

Proving Fault in a Trucking Accident Case

Generally speaking, there are a few main elements when it comes to proving fault in any vehicle accident, including collisions with semi-trucks.
  1. Duty of Care. The operator of the big rig must exercise duty of care. In other words, the driver of the big rig is legally bound to drive their vehicle in a reasonably safe manner.
Your Las Vegas truck accident attorneys will seek ways to prove the other driver's negligence, looking for evidence the accident was not your fault.
  1. Eyewitness Testimony.Given the fact many big rig incidents occur on busy roadways, there are often eyewitnesses. Obtaining testimonies from others who saw the accident take place can be imperative to your case.
  2. Injury.If you're able to prove your injuries resulted from the accident, you may be able to legally make claims against the driver of the big rig to recover:
  • Costs of medical care
  • Lost income
  • Pain and suffering
You'll likely need your doctors' help to prove your injuries resulted from the accident.

Contact the Las Vegas Truck Accident Attorneys of GGRM

If you've been involved in an accident with an 18-wheeler, seek representation from experienced Las Vegas truck accident attorneys right away. Greenman, Goldberg, Raby and Martinez have been helping Southern Nevadans’ receive just compensation for over 45 years. Call 702-388-GGRM (4476) for a free consultation today.

Top Accident-Prone Industries

It’s no secret some jobs are more dangerous than others. For some people, simply getting up in the morning requires them to face imminent danger in their daily lives. On-the-job injuries can be more than just fleeting pains, however; they can cost you your livelihood if things are not handled properly. Every job has its own perils, but the following are some of the most injury-prone industries:

#5  Manufacturing

Between forklifts, trucks, pallets, and assembly lines, the manufacturing industry poses plenty of threats to workers. Reputable companies take every precaution to ensure their employees are out of harm's way, but accidents do happen. In 2015, the BLS reported almost 400 manufacturing-industry workers, reported a work-related illness or injury.

#4   Agriculture

Combines, livestock, and other elements associated with agriculture. The CDC reports, "Every day, about 100 agricultural workers suffer a lost-work-time injury." Additionally, that same report states that 4,000 of the 12,000 youth injured on farms in 2014 were the result of work-related injuries.

#3   Arts, Entertainment, & Recreation

According to the BLS, more than 4% of workers in this field reported some type of injury. People who work in spectator sports and performing arts are most likely to be hurt on the job in this industry category.

#2   Transportation

From air transportation, road construction crews to railroad workers, this is a broad category that has made its place on this list for good reason. According to the BLS, in 2015, couriers and messengers reported the most injuries (6.9 per 100 employees.) Air transportation workers reported the second highest number of incidents, at 6.2 per 100 employees, or 6.2% in the transportation industry.

#1   Healthcare

Rest assured, this industry is prone to far more injuries than the average person is aware of. Between needles, airborne illnesses, and heavy lifting, healthcare employees have their work cut out for them. They spend long days on their feet and seldom get time to rest. OSHA states, "The healthcare and social assistance industry reported more injury and illness cases than any other private industry sector,” based on a 2010 study. Common injuries include:
  • Musculoskeletal disorders
  • Exposure to biological hazards such as blood-borne pathogens, chemicals, and drugs
  • X-ray and radioactive exposures
  • Laser hazards
  • Workplace violence
  • Exposure to hazardous waste materials

Contact the Work-Related Injury Attorneys in Las Vegas

No matter what you do for a living, if you have been hurt on the job, it's imperative to seek counsel from work-related injury attorneys in Las Vegas who will fight for your rights. You may be owed damages above and beyond your medical bills, but you may not be able to receive proper compensation without the assistance of a skilled attorney. At GGRM, we will fight for you! Contact our team to set up a free consultation today by calling 702-388-4476.  

The Consequences of Texting While Driving in Nevada

Personal injury attorneys have seen first-hand how texting and driving shatters lives. For your sake and those you love, we hope you take the time to assess the consequences of texting and driving. It's not just the smart thing to do; it could save your life and that of an innocent person.

A Life is Not Worth a Text

There's no subtle way of getting around the fact that death is the most serious consequence of texting and driving, claiming at least 3,477 American lives in 2015, according to the National Highway Traffic Safety Administration. The actual number, we suspect, may be much higher since many people are probably disinclined to admit to a police officer they were texting in the midst of a fatal car accident. Police often must find evidence of the infraction, which is not as simple as it may sound. Meanwhile, nearly 400,000 people were injured in "distracted driving" accidents in 2015. Adults may point a wagging finger at teenage drivers, who tend to be accident-prone (and ticket-prone) in the first few years after getting a driver's license. Many studies have found ample support for this presumption, with one from the University of Michigan Transportation Research Institute finding that a full 25 percent of teens respond to a text message at least once every time they drive. However, about half of teens say they have observed their parents text while driving, too.

Weigh the Financial Consequences

The state of Nevada outlawed texting and driving in 2012. Consider the financial consequences:
  • A fine of $50 for a first offense.
  • A fine of $100 for a second offense within seven years.
  • A fine of $250 for third and subsequent offenses.
  • Higher fines may be assessed for texting in traffic control zones.
  • Second and subsequent offenses also carry four so-called "demerit" points, which are applied to a driver's record and may result in a driver's license being suspended or revoked if too many points accumulate within a certain time period.
  • The court also may assess "additional administrative fees."
There are a few exceptions. Drivers may use a hands-free headset to touch their phones to "activate, deactivate or initiate a feature or function on the device.” And they may text to report a “medical emergency, a safety hazard or criminal activity."

Contact Personal Injury Attorneys in Las Vegas

If you have been in an accident caused by someone texting and driving, the personal injury attorneys at Greenman, Goldberg, Raby and Martinez are here to help. Serving the Southern Nevada community for over 45 years they have seen the consequences of texting and driving and have helped those affected receive the compensation they deserve. Contact the personal injury attorneys in Las Vegas at 702-388-4476 for a free consultation today.

Driving Tips for Monsoon Season from Las Vegas Injury Lawyers

Although Las Vegas usually doesn’t see much rain, monsoon season – which starts in the summer and can last until September – can cause conditions to quickly change. During this period, thunderstorms can bring a lot of rain in a short period of time, causing slippery or flooded roads, poor visibility, and sudden wind gusts. These conditions can make driving extremely dangerous. The Las Vegas injury lawyers at Greenman, Goldberg, Raby and Martinez offer driving tips to help keep you safe during monsoon season:

Check your vehicle

Make sure your car is ready to handle hazardous conditions by checking your windshield wipers, headlights, and brake lights. Also make sure your tire tread is in good shape so you can stop quickly if traffic suddenly stops.

Be informed about local conditions

Stay tuned to local media for the latest news about weather conditions, and download one of their apps to make sure you receive alerts when you’re out and about.

Allow extra time

The injury lawyers at GGRM warn that being in a hurry will make your trip even more stressful and may lead you to make dangerous decisions. Leave early and allow extra time to reach your destination. If your trip isn’t a necessary one, try to delay it until driving conditions improve.

Slow down

Reduce your speed when it rains to allow your tires to get traction on the wet road. A lower rate of speed will also allow you to stop quicker and safer.

Pull over if you need to

Pull off the road and turn off your car and lights if you don’t feel comfortable driving in heavy rain. Leaving your lights on when you pull over, is dangerous since drivers may follow brake and taillights when visibility is poor.

Watch out for flooded areas

Roads can flood quickly when a large amount of rain falls in a short period of time. Watch out for posted barricades or flood warning signs, and remember to never drive through a flooded street or intersection.

Beware of downed power lines

Power lines are more likely to come down in bad weather, and if one comes in contact with your vehicle, do not move your car or try to move the line yourself. Honk your horn to attract attention and call 911 if you can.

Contact Las Vegas injury lawyers

If you’ve been hurt in a car accident caused by a monsoon or the carelessness of another driver, contact the Las Vegas injury lawyers at Greenman, Goldberg, Raby and Martinez. GGRM has been protecting Southern Nevada for over 45 years and is here to help you, call 702-388-4476 for a free consultation today. Steps To Take After a Car Accident Offer