Employers in Nevada have a number of obligations related to injured employees. One way to break down the obligations is to look at each of them according to when they arise. Some obligations arise as soon as the employee starts work. Others arise in the immediate response to an injury. And still others apply in the aftermath of the injury, when the employer’s assistance with the employee’s workers’ compensation claim can be the difference between an accepted or denied claim.
- Pre-injury obligations.
Most Nevada employers must carry workers’ compensation insurance that protects their employees in the event they are injured on the job. Not carrying insurance is a significant violation of law, subjecting the company to potential criminal prosecution, regulatory actions, and fines. Few employers want to risk losing their business over a failure to obtain workers’ compensation insurance. But from time to time an employer operates without it in hopes of saving some money, putting employees at risk.
Under state and federal workplace safety laws (commonly known as OSHA) employers over a certain size have a general duty to provide a safe working environment for their employees, as well as specific obligations relating to particular hazards such as electrical or chemical work. Although OSHA rules do not provide for a private cause of action, they do provide an important baseline of safety that protects employees from working in substandard conditions.
- Obligations in the immediate aftermath of an injury.
When an employee suffers an injury in Nevada the employer has an obligation to assist the injured employee with obtaining emergency medical treatment. That might include calling 911, and might also include administering emergency care such as CPR, performing triage on a wound, and so forth. Many employers are taking steps to train their staff in emergency first aid, in part because such programs can help them lower workers’ compensation costs.
- Obligations as the employee recovers.
The recovery phase of a serious injury is where things can get quite complex. There are a range of obligations that employers have with respect to employees who have been injured on the job:
- 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.
As one might expect, the above list only glosses over the surface of what might be involved in a given case. Quite often the injured employee can benefit from the assistance of an attorney with experience handling workers’ compensation cases. For over 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area pursue workers’ compensation claims. If you have been injured at work and you have questions about how to get the coverage you deserve, call us today for a free attorney consultation at 702-388-4476 or send us a request through our site