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Worker's Comp Disability Claims

disability workers compensationAny employee who suffers an on-the-job injury or is diagnosed with an occupational illness is eligible for workers’ compensation benefits. These benefits are part of a system set up to protect the rights of injured workers. Every employer in Las Vegas is required to pay into workers’ compensation insurance. If the injuries are so severe that the ability to work in the future is compromised, the employee may be eligible for disability benefits.

How Does the Claims Filing Process Work?

When an employee is injured in an accident at work or receives an occupational diagnosis, the first thing he/she should do is let the employer know. The employer should have the required form to fill out to make a claim. This must be done within 7 days of the accident or diagnosis.

The next step is to received medical treatment. The physician that handles initial treatment will need to fill out a “Claim for Compensation” (form C-4) and mail it out within 3 business days. It has to be filed within 90 days of the accident to start the claims process.

If your employer is contracted with an Organization for Managed Care (MCO) or Preferred Provider Organization (PPO), you will be asked to select a doctor from a list provided by the workers’ compensation insurer. Otherwise, you will be able to seek the physician of your choice.

Who Qualifies for Disability Benefits?

Workers’ Compensation disability claims can be filed when an injury is temporary or permanent and will preclude work for the employee in the future. There are different types of disability benefits; these include temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD) and permanent total disability (PTD).

The type of disability benefits an injured worker qualifies for will depend on several factors, including:

  • The type and severity of the injury
  • How long the person will be out of work (ranging from 5 business days to permanently)
  • If the person makes less than he/she did upon reemployment
  • The wages received
  • The age of the patient

Contact a Las Vegas Workers’ Compensation Attorney

A workers’ compensation attorney can help injured workers recover the full value of their claim. The process can be confusing and overwhelming, especially for people that have suffered severe injuries. A workers’ compensation lawyer can also assist with appeals if necessary.

For more information about disability benefits in Las Vegas, or to schedule an evaluation of your case please contact us today.

 

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