Federal law mandates that employers across the nation provide their employees with workers’ compensation coverage. Workers’ compensation insurance provides benefits for injured workers when they are hurt while performing their job duties. As an employee working in Las Vegas, or any other part of Nevada, it is essential that you understand what this means to you.
Workers’ Compensation Myths
Over several years, many myths have popped up regarding workers’ compensation. Below is a list of four of these misconceptions.
Your employer can fire you for filing a workers’ compensation claim: The truth of the matter is that an employer who fires a worker for filing a workers’ compensation claim has broken the law. Both federal and state laws protect injured employees from retaliation by an employer as a result of a workers’ compensation claim. That being said, an employer may fire a worker for other reasons after he or she has filed a workers’ compensation claim. One example is if a test revealed the injured worker was under the influence of drugs or alcohol at the time of the accident.
You can not file a workers’ compensation claim because it was your fault: Under workers’ compensation law, even if the employee was the cause of the accident that caused the on the job work injury, he or she is still covered under workers’ compensation. This is because the workers’ compensation system is a no-fault insurance coverage system. Blame does not need to be placed on either party for benefits to be paid out.
Workers’ compensation will pay all the expenses from the injury: While workers’ compensation does pay benefits, it is not designed to cover all damages suffered as a result of a on the job work injury. That being said, workers’ compensation covers an injured employee’s lost wages and medical bills. It may also cover the cost of other injury-related expenses such as medical equipment, prescriptions, and transportation for medical treatment. Of note, workers’ compensation does not pay for pain and suffering damages.
Employees must sue the employer to collect benefits: Many states across the nation, including Nevada, prohibit an injured worker from suing its employer for a workplace injury. The injured employee is required to go through the employer’s workers’ compensation carrier. There are some, though few, exceptions to this rule including if the worker was injured by a defective product, if the injury was caused by a third party, if the injury was caused by the employer’s intentional conduct, or if the employer failed to carry workers’ compensation coverage.
As can be seen, there are many misconceptions about workers’ compensation and how an injured worker should go about trying to collect benefits under an employer’s policy.
Personal Injury Help
If you or someone you care about has suffered a work related injury in Nevada while performing the duties of your job, contact the skilled Las Vegas personal injury lawyers at Parry & Pfau. These experienced attorneys will work hard to make sure you receive the compensation to which you are entitled.
(image courtesy of Jesse Orrico)