Are You Eligible for Workers’ Compensation Benefits?

Nevada law requires most employers to purchase workers’ compensation coverage. Under a workers’ compensation policy, employees are compensated for injuries incurred on the job, regardless of fault. To be covered under workers’ compensation, your employer must carry workers’ comp insurance, you must be an employee, suffered a work-related injury or illness, and filed a claim by the deadline.

1. Employer Carries Workers’ Compensation Insurance

Any Nevada business with one or more employees is required to purchase workers’ compensation insurance. If an employer does not have coverage, injured workers have the option to file a claim with the Division of Industrial Relations or sue the company in civil court.

2. Employee Classification

To receive workers’ comp benefits after a work-related injury or illness, you must be classified by the company as an employee. Employers are not required to provide coverage to independent contractors. To that end, many employers wrongly classify employees to avoid having to provide insurance and benefits. However, most work relationships are employer-employee relationships under the law.

3. Work-Related Injury or Illness

A work-related injury or illness means you suffered an accidental personal injury while working (‘on the job’). To be considered working, you must have been doing something that’s within the scope of your employment and for the benefit of your employer—for example, hurting your arm while unloading boxes, which is one of your job-related duties at your warehouse job, or suffering a bone fracture in a car accident while delivering groceries as part of your job at a grocery store. In some situations, whether you were considered ‘on the job’ at the time of the injury can be disputed and challenging to prove. For instance, if you were hurt while on break.

4. Timely Filing of Your Claim

If you fail to file a workers’ compensation claim before the deadline, you can lose your right to benefits even if you would have otherwise qualified. In Nevada, injured workers should provide notice of an injury or occupational disease within seven days after the accident. The amount of time given to file a claim for compensation is 90 days.

Types of Workers Potentially Excluded from Coverage

Some workers may not be eligible for workers’ compensation because they fall into one of the following categories:

• Casual or seasonal employees
• Theatrical or stager performers
• Musicians whose services do not last more than two consecutive days
• Domestic workers
• Voluntary ski patrol
• Sports officials paid a nominal fee
• Any member of the clergy
• Real estate brokers
• Direct salespersons working on commission
• Sole proprietors

If one of these exempt workers suffers a job-related injury or illness, their only option for recovering compensation is to sue the employer or a third party.

Speak to an Attorney as Soon as Possible

Valid workers’ compensation claims are routinely denied. If you believe you or a loved one is eligible for benefits, our Las Vegas workers’ compensation attorney can help. We offer free consultations; call (702) 384-1414 or send us a message online today.