Las Vegas Workers Compensation Attorney
Worker’s Compensation and Third Party Claims for Workplace Accidents and Injuries
Most of us spend a large proportion of our time at work, and although some jobs are inherently more dangerous than others, we don’t expect that our source of income will turn into a source of injury or even death. Yet millions of people suffer from work-related injuries every year.
According to a recent article published by the Economic Policy Institute, there are, on the average, 23,000 on-the-job injuries and 5000 fatalities in the U.S. every day, which comes to 8.5 million injuries a year at a cost of $192 billion dollars to individuals, families, companies, and the economy as a whole. In addition to these injuries and fatalities, hundreds of thousands of workers develop job-related illnesses that cause time lost from work and result in approximately 53,000 deaths every year.
Workers’ Compensation: Its Benefits and Limitations
When you’ve suffered a job-related injury or illness, you will typically look to Nevada’s Workers’ Compensation insurance program. Workers’ Compensation pays most medical bills, a percentage of your lost earnings if you are out of work, and rehabilitation costs; but it has its limitations. Participating in the program is a trade-off: you don’t have to prove negligence to receive benefits—it is a no-fault system, so the only requirement is that your injury or illness was incurred in the course your employment; but except in very limited cases where it can be proven that your employer acted with deliberate intent to cause you harm, you give up any right to sue your employer if company negligence was the cause of your injury. This is called the “exclusive remedy rule.”
Not only that, Worker’s Compensation does not cover the non-economic damages that may actually have a more significant impact on your life even than the damages to your finances. These are the losses you’ve suffered to your quality of life, losses to which it is difficult to assign a dollar value: pain, lack of mobility, disfigurement, mental anguish, inability to enjoy the activities that once made your life worth living, inability to participate in normal marital relations, inability to play with your children or spend time on your hobbies.
How a Good Lawyer May Be Able to Help
It is always a good idea to have a Workers’ Compensation lawyer help you to file your claim. Your lawyer will make certain that all the paperwork is filled out properly leaving, no grounds for denial or delay of your claim. If your doctor recommends a cutting edge treatment and your insurance company denies it as being “non-standard,” your lawyer may be able to get it approved. If your vocational rehabilitation counselor is pushing you in a direction you don’t want to go, your lawyer may be able to intercede and get you the training for the job you prefer.
Identifying Potential Third Party Claims
Your lawyer may also be able to identify third parties who have contributed to your injury and do not enjoy the protection of the “exclusive remedy” rule that applies to your employer. For example, if you are a construction worker injured in a fall on the job, a careful investigation may show that the hazardous condition that caused your accident was in fact a negligent act or omission of the property owner, a subcontractor, a vendor, an architect, an engineer, or the manufacturer of a defective tool or piece of construction equipment. In this case, you might have a cause of action against one or more other parties, which would allow you to claim compensation for all of your damages, including the non-economic ones that are not included in your Workers’ Compensation benefit.
Legal Counsel in Las Vegas for Workplace Injury Claims
Having the right lawyer can make an enormous difference in what happens following a job-related injury. In Las Vegas, consult one of Nevada’s most respected and experienced personal injury attorneys—Eric Woods—who has been successfully advocating for the injured for more than thirty years and has millions of dollars of compensation awards for clients to his credit. Eric can assist you in filing your Workers’ Comp claim, determine if there are grounds for a deliberate intent exclusion to the exclusive remedy rule, and identify potential third-party defendants to possibly enable you to recover more money for your injuries. The consultation is free and Eric works for you on contingency: you only pay after he wins money for you; if you don’t recover money, you owe nothing.
Legal time limits restrict the amount of time in which you can file your claim. The clock is ticking, so call Eric Woods today at (702) 737-0000.