After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...
The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...
These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...
I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...
The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.
Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.
I was at my job mountain crew changes there in the basement of kidwell and Gallagher
They weren’t able to help with my case, but they directed me to someone who could.
Nevada has some of the strictest workers’ compensation laws in the country, and for workers, that’s good news. Wondering about your rights under this program? Here’s what you need to know explained by a worker compensation lawyer.
In Nevada, employers are required to carry workers’ compensation. In most states, you only have to carry coverage if you have over a certain threshold of employees. In other states, like Texas, the program is completely optional. However, all employees are covered in the state of Nevada.
If your claim for workers’ compensation is accepted, you are entitled to coverage for your medical bills, medical rehab and even mileage for driving to medical appointments. You also receive wage compensation reimbursement.
That amount is two-thirds of your average monthly salary based on the last year of working. For example, if you were earning $4,000 a month for the last six months and $2,000 for the six months before that, your average monthly income is $3,000. Your workers’ compensation payment is based on that amount, even though you were earning more at the job where you were injured.
However, there is a maximum. As of 2017, your maximum payment is $3,697.04 per month.
In order to make a claim on workers’ compensation insurance, you must submit the claim within 90 days of the injury occurring. To do this, fill out Form C-4 (Employee’s Claim for Compensation/Report of Initial Treatment).
If you have an occupational disease, the timeline is slightly different. An occupational disease is something such as mesothelioma related to asbestos exposure or carpal tunnel related to repetitive movements that happen over time.
Workers’ compensation boards may deny claims for a number of reasons. They may argue that your injury didn’t occur due to work, that you’re not too injured to prevent working or that the injury was your fault. Regardless of why your claim was denied, you have the right to appeal.
In Nevada, you have to submit your appeal within 70 days of the date your denial was issued. In most cases, you get your acceptance or denial within 30 days of submitting your original application.
Whether you’re in Nevada or any other state, the workers’ compensation laws aren’t always cut and dry. For instance, in exchange for workers’ compensation coverage, you normally waive your right to bring a personal injury lawsuit against your employer. However, there may be cases where you can bring a lawsuit against your employer, such as assault.
To take another example, look at what’s happening to a group of California police officers who are trying to get compensation for physical and mental injuries sustained during the Oct. 1, 2017, shooting in Las Vegas.
The claims board is arguing that the officers are not entitled to compensation because they were not at the concert for work, but the officers’ representatives are arguing that their injuries should be covered because protecting and serving is part of their job – whether they are off duty or not.
Although this is currently happening in California, it helps to illustrate how confusing the law can be. It also underscores the need for an attorney in all cases.
If your workers’ compensation claim was denied or you want to improve your chances of success right off the bat, you should contact us for help. At Kidwell & Gallagher LTD, we focus on getting you the justice and compensation you deserve after an injury. That includes personal injury as well as workers’ compensation.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.