Determining Eligibility for Worker’s Compensation in Las Vegas

Even with safety measures and personal protection equipment, many injuries occur on the job. Worker’s compensation is in place to provide benefits for those injured while working, and to protect employers from lawsuits originating from an on the job injury or illness. In order to qualify for benefits, there are some eligibility requirements that must be met.

Employer Requirements

In Las Vegas, most employers who have at least one employee are required to have worker’s compensation insurance. While there are special circumstances that may change this requirement, it’s always a good idea to check with an attorney if your employer claims that he or she is not required to carry this insurance. If you are a federal employee, the laws are a bit different, and you are not covered under Nevada’s worker’s compensation.

Employee Status

In order to receive worker’s compensation benefits, you must be considered an employee. This means that if you are volunteering for the company, or you are an independent contractor, you may not be eligible for benefits. However, many employers have attempted to bypass the need for worker’s compensation in Las Vegas by labeling persons that are actually employees as independent contractors. If your employer oversees and controls how you complete your work, you are likely considered an employee, regardless of the employer’s labeling you as an independent contractor.

One area in which this law does not apply is construction work. If you are working on a construction site, you are covered under worker’s compensation. All subcontractors are required to have coverage for employees working on the site. If you are injured while on a job site, and the subcontractor does not have coverage, the prime contractor will be required to accept responsibility for the injuries under his or her own worker’s comp insurance.

Work-Related Injury or Illness

In order to be covered, the injury you suffered has to have occurred while you were working for your employer. If you are suffering from an illness, it also has to be a direct result of your job duties and requirements, such as exposure to hazardous chemicals. You will also be covered under worker’s compensation in Las Vegas if your injury or condition is the result of your duties, such as carpal tunnel syndrome.

There are some instances where the determination of eligibility can be difficult. If you were not on the clock, but were attending a company event, or picking up something for your boss while you went to get your own lunch, you may be eligible.

Worker’s compensation insurance is an important benefit for employees, as well as employers. If you believe you were injured on the job, yet your employer is denying the claim, or telling you that he or she is not required to provide coverage, you should always contact a worker’s compensation attorney to determine your rights under the laws pertaining to Las Vegas. An attorney will be able to help you proceed to the next steps so that you can receive the benefits you are entitled to as an employee.

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