Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Between the flashing lights, hum drum of excitement, local talent and sought-after restaurants, Las Vegas can be an amazing place to live and work. But, if you’ve been injured on the job, it might not feel like it.
Rather than take a gamble on your workers’ compensation claim, hiring a competent attorney can help your claim move forward or get started on the right foot. Here are the best workers’ compensation attorneys in Las Vegas for you to choose from, along with a brief guide on workers’ compensation laws and procedures.
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Show Summary
- Best Las Vegas, NV Workers’ Compensation Attorneys
- Compare Top Las Vegas Workers’ Compensation Attorneys
- Workers’ Compensation Laws in Nevada
- How Can an Attorney Help You in Las Vegas?
- How to Choose the Best Workers’ Compensation Lawyer in Las Vegas, NV
- Methodology for Finding the Best Las Vegas Workers’ Compensation Attorney
- Frequently Asked Questions (FAQs)
Best Las Vegas, NV Workers’ Compensation Attorneys
Compare Top Las Vegas Workers’ Compensation Attorneys
Workers’ Compensation Laws in Nevada
Under Nevada law, almost all employers must have workers’ compensation coverage for their employees, with some exceptions. If you have been hurt on the job and are wondering what kind of benefits you are entitled to, below is a brief guide to Nevada’s workers’ compensation laws.
Who Is Protected By Workers’ Compensation Laws in Las Vegas, NV?
With some select employees not being covered, nearly all workers are covered under workers’ compensation laws in Nevada. Both full-time and part-time employees are covered, along with paid and public officers and certain voluntary health practitioners who meet statutory requirements.
Employees that cannot be covered by workers’ compensation insurance include individuals:
- Working on a casual basis and not in the course of the trade, profession, business or occupation of their employer
- Working as a theatrical or stage performer in an exhibition
- Working as musicians when their services are casual and do not last more than two consecutive days
- Engaged in household domestic services (i.e. ranching)
- Working as voluntary ski patrollers
- Working as sports officials for a nominal fee at an event that a public agency sponsors
- Who are members of the clergy, rabbi or lay reader in the service of a church or similar position of a religion
- Working as real estate brokers, broker-salespersons or salespersons
- Working as telephone salespersons that meet specific statutory requirements
- Working in Nevada, brought in from another state, and have insurance in another state that has extraterritorial provisions in effect
- Working for interstate commerce entities that are not subject to Nevada’s legislative powers
Even where the above circumstances apply, individuals working in the construction trades must be covered by workers’ compensation insurance.
Workers’ Rights Under Las Vegas, NV Workers’ Comp Laws
Under Nevada law, workers have a number of rights regarding benefits when injured while working. In most cases, employees are entitled to the following rights and benefits if they have been hurt.
- Accident benefits: Employees receive payments for medical treatment, drugs, equipment and supplies related to helping them recover from their injury
- Disability/Lost wage benefits: Employees who are partially or completely disabled from working will be compensated. Lost wage benefits trigger once an employee has missed five consecutive days of work or five cumulative working days in a 20-day period.
- Rehabilitation benefits: Employees who cannot work for their pre-injury employer and have permanent restrictions on the work they can complete may be eligible for career rehabilitation services and training.
- Death benefits: If the injured employee dies, payments will be made to their spouse and dependants, including burial costs of up to $10,000.
- Miscellaneous benefits: In some instances, employees may be reimbursed or covered for tangential work-related expenses such as mileage or travel costs.
The exact amount of wage-related benefits an injured employee may receive is based on their monthly average wage at the time of the incident. The compensation amount is calculated on a per-day basis and paid out at a rate of 66.67% of the average workers’ monthly wage in the state—up to a statutory limit of 150% of the state average monthly wage.
Filing Process for Workers’ Compensation in Las Vegas, NV
Workers injured on-site need to seek medical attention as soon as possible, even if they are not severely injured. In order to begin their claim, workers must have a physician fill out Form C-4, Employee’s Claim for Compensation/Initial Treatment, after they inform their attending physician that they were injured at work.
Employees have 90 days from the accident date to file a completed C-4 with their employer’s insurer or employer themselves (if they are self-insured). This step is typically done by the medical provider once the employee has completed their section of the form.
Once initial medical treatment has been received, file Form C-1, Notice of Injury or Occupational Disease, with your employer, informing them that you were injured while working for them. This form must be filed within seven days of your injury date. Your employer has 30 days to respond to your claim with a formal letter of acceptance or denial.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Las Vegas, NV
After filing a claim with your employer’s insurer, there is a chance your claim could be completely denied or partially denied—meaning you only receive a portion of the benefits requested. As soon as you are notified of your claim denial, you can file an appeal with the Nevada State Hearings Division within 70 days. In sending in an appeal request, include the following documents:
- A copy of the denial letter
- A completed Hearing Request Form
Workers who are not content with an insurer’s partial claim fulfillment or a self-insured employer’s decision regarding their claim that is not a full denial can also reach out to the Hearings Division for an appeal. Workers who have requested a claim but have received no response within 30 days can also file an appeal of the same kind.
When presenting your appeal before a Hearing Officer, you may bring three kinds of evidence to prove your case: documents, witness testimony and personal testimony. This is where hiring a worker’s compensation attorney can be a major boon, as they can handle the process of creating a strong case for your appeal. A Hearing Officer’s decision can be appealed before an Appeals Officer 10 days after your written decision was received.
Employees who are not covered by workers’ comp, such as if they were injured due to negligence of a third party, can engage in a civil lawsuit with the negligent party.
How Can an Attorney Help You in Las Vegas?
Because employers and insurers typically retain lawyers to assist with workers’ compensation claims, hiring an attorney is always a prudent move. Your lawyer can help you understand the laws and processes regarding your claim and ensure no filing deadlines are missed along the way. They will also collect evidence to strengthen your claim.
An attorney will also represent you at negotiations—and, if a settlement cannot be reached, represent you at benefit hearings. They can also appeal a claim denial or partial claim payout if an insurer takes issue with your workers’ compensation claim. This will be done before a hearing officer and if necessary, before an appeals officer.
How to Choose the Best Workers’ Compensation Lawyer in Las Vegas, NV
Working with a lawyer who handles your claim and proceedings diligently and makes you feel fairly represented is critical. Here are some important factors to note when researching for workers’ compensation lawyers in your area.
- Experience. Workers’ compensation matters are very dissimilar to other injury-related areas of law, such as personal injury. Make sure to ask your lawyer about their experience with workers’ comp cases.
- Positive feedback. Lawyers who are highly competent in their field will usually have several positive reviews. Take a look at your lawyer’s Google reviews, peer ratings, association awards and other public mentions to see what your experience could be like.
- Fee structure. Though it is common for workers’ compensation attorneys to operate on a contingency fee basis, the percentage of successful claims they handle varies from lawyer to lawyer. Make sure you know exactly how much you’ll be paying in fees if your claim is approved with the help of your attorney.
Methodology for Finding the Best Las Vegas Workers’ Compensation Attorney
To come up with the best workers’ compensation lawyers in Las Vegas in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much do workers’ compensation lawyers charge in Las Vegas?
Generally, most lawyers in Vegas charge for workers’ comp matters on a contingency fee basis—they will only get paid if your claim is successful. The portion of your claim they receive depends on a number of factors, such as the complexity of your case, the time spent on your file and the lawyer’s level of experience, skill and education. Some lawyers in the area charge as high as 33% for a contingency fee.
How long does it take to get a workers’ comp settlement in Las Vegas?
Some workers’ compensation matters only take weeks to settle, whereas others may take years. The exact timeline of your case will depend on its complexity, the severity of your work injury, the requested settlement amount and other factors.
What is the average workers’ compensation claim in Las Vegas, Nevada?
Putting an average number to workers’ compensation cases in a given area is difficult, given the variance of work-related injuries and varying medical costs that affect the settlement amount. For example, if you received a permanent disability from a work injury, you can receive a maximum of 66% of that fiscal year’s monthly wage. Typically, a workers’ compensation claim amount is based on the severity of the injury itself.
