Recent changes to accident reporting laws add important new obligations for Nevada employers when an employee gets seriously hurt on the job. When an employee is critically injured or killed in an accident, it can be easy to forget statutory reporting requirements amidst the flurry of insurance paperwork, potential need to cooperate with law enforcement, and concerns for the wellbeing of the affected employees and their families. But employers need to remember that a report must be filed with the Nevada Division of Industrial Relations very quickly following a major accident to ensure that state inspectors have access to fresh evidence and information.
New accident reporting deadlines and scope
Assembly Bill 24
went into effect on October 1, 2017, amending the reporting rules set out in NRS 618.378 to bring Nevada into line with federal rules. The new rules retain the long-standing obligation of an employer to report an accident involving an employee fatality within 8 hours of learning of the accident. But Assembly Bill 24 changed the reporting deadline and scope of reportable non-fatal accidents.
Unlike the old rule, which only required reports for accidents involving three or more employees, the new law requires employers to report a serious accident involving even one employee. Reportable injuries include anything requiring the employee’s inpatient hospitalization, amputation of part of an employee’s body, or the loss of an eye. Employers must report all such accidents to the Division of Industrial Relations within 24 hours after first learning of the accident. Although the change from the old 8-hour deadline for reporting non-fatal accidents is a welcome reprieve for employers, it still leaves little time for compliance.
What goes into an accident report
An accident report to the Division of Industrial Relations needs to specify the name of the employer, the location and time of the accident, the number and names of employees with reportable injuries, a brief description of the accident, and the name of a contact at the employer. The Nevada Occupational Safety and Health Administration is instructing employers to report accidents by phone
. After the report is filed, the law provides that an inspector from the Division of Industrial Relations will inspect the scene of the accident within 8 hours.
For decades, GGRM has been helping members of the Las Vegas community work through the challenges associated with workplace injuries. We are here to help workers who are injured protect their rights and get the care they deserve. If you or a love one has been injured on the job, we’d like to help. For a free consultation with one of our attorneys, give us a call at 702-388-4476 or visit our website
In the event of a vehicle accident or personal injury, the people involved oftentimes focus exclusively on who or what is at fault. However, this may not always be the best way to look at the claims process. In some cases, proving fault may not even be an essential factor.
Almost every vehicle, home, or business carries some kind of liability insurance coverage. This means that in many personal injury situations, you end up dealing primarily with insurance adjusters rather than lawyers or judges. Making a successful claim in an insurance context is generally much easier than in a courtroom. It can be as straightforward as providing a clear explanation to an insurance adjuster of how the other party’s actions led to the accident.
If the insurance adjuster accepts your explanation, the liability insurance company may reimburse you for your medical costs, lost income, and compensation for any pain and suffering. Sometimes, promptly providing a straightforward explanation of whose actions led to the accident or injury can immediately move the discussion from whether you will receive compensation or not to how much.
In practice, the majority of liability claims are settled without ever stepping into a courtroom. Negotiating with an insurance company is much more about making reasonable arguments rather than trying to provide “proof” of fault. Proving fault in this context usually means making a negligence claim. The legal theory of negligence in a personal injury case generally consists of the following four elements:
- the defendant had a legal responsibility to avoid harming the plaintiff
- the defendant failed to live up to that legal responsibility
- the accident resulted from this failure
- the injury resulted from the accident
As you can see, this is substantially tougher than just negotiating with an insurance adjuster. Thankfully, many personal injury claims can be resolved without anyone having to prove fault.
For over 45 years we've proudly served the citizens of Las Vegas in their personal injury and workers compensation legal needs. Visit our contact page
to learn more and reach out to one of our attorneys.
In a personal injury lawsuit, each party is trying to convince the judge or jury to believe something. It is the plaintiff’s job in a personal injury suit to show that the party being sued is responsible for causing the injuries. In all legal cases, whether civil or criminal, there are certain evidence-based thresholds that must be met before a defendant can be found guilty or liable. The "burden of proof" refers to the degree to which the judge or jury must be convinced before believing something.
The plaintiff in a civil case (like a personal injury lawsuit) has a much lower burden of proof than in a criminal case. The plaintiff must convince the jury that it is "more likely than not" (or “by a preponderance of the evidence) that the facts are what he or she says they are. This essentially means that the jury thinks the chances of the plaintiff’s version of the facts being true are at least 51%, while the chance that they are false is no more than 49%.
On the other hand, the defendant is not required to prove his or her version of events is true. When the plaintiff is trying to prove the elements of the case, the defendant does not need to convince the jury of an alternative version of the facts. Rather, all that is necessary for the plaintiff’s case to fail is that the jury believes the chances are 50% or better that the plaintiff’s version is inaccurate or even false.
The defendant can present evidence of facts that contradict the plaintiff’s version of events, but the jury does not need to be convinced that the defendant’s version of the facts is the most accurate. The defendant’s alternative facts are instead meant to cast enough doubt on the conflicting version that the jury no longer believes the plaintiff’s account is "more likely than not" true.
GGRM proudly serves the citizens of Las Vegas in their personal injury and workers compensation legal needs. Visit our contact page
to learn more and reach out to one of our attorneys.
A Las Vegas personal injury
attorney can be a valuable asset if you have been injured due to the negligence of another. Injuries due to road accidents, workplace mishaps, occupational diseases and injury often require the assistance of a skilled personal injury attorney to ascertain whether legal action is necessary.
However, many victims are unsure of whether they have a case or should pursue legal action. Unfortunately, many of these personal injury victims lose employment opportunities or quality of life due to their injury, making it difficult to sustain daily activities.
Before contacting a Las Vegas personal injury attorney, consider the following:
- Is your injury due to someone else’s fault?
- Will your injury leave you permanently disabled or with new limitations?
- Has the experience traumatized you psychologically?
- Have you missed out on employment opportunities or have been discharged from your job due to your injury?
- Could your injury have been prevented if the other party took the necessary steps to maintain safe behavior?
- Will you require additional medical treatment and procedures in the future due to your injury?
If you answered, “yes” to one or more of these questions, it’s imperative that you contact
a Las Vegas personal injury attorney today.
Consult Personal Injury Attorneys Las Vegas - Exercise Your Legal Right
Personal injury cases in Las Vegas also have statutes of limitation
; meaning if you wait too long to contact an attorney after your accident you could lose your claim to file a suit.
The best time to contact a personal injury attorney in Las Vegas is immediately following your accident in order to establish your case before the deadline. Meeting with a Las Vegas personal injury attorney costs you nothing—the initial consultation is free. Establish a meeting early to allow your injury lawyer to carefully review your claim and determine if you have a case.
Also, depending upon the severity of your injury or the complexity of the case, some cases may take several months before they are resolved. For those who have lost wages due to their personal injury, resolving a case sooner than later is critical.
Don’t wait until your statute of limitation expires; contact the leading Las Vegas personal injury attorneys today.
Call Greenman Goldberg Raby and Martinez Law Firm at 702-388-GGRM (4476) and allow us to review your case.