I Am Not Sure When My Injury Occurred.
Table of Contents
1. What can be claimed?
1a: course and scope of employment
1b: occupational disease
2. Documenting the Burden of Proof
3. How to File the Claim
4. Timeliness for Making a Claim
5. Nevada Supreme Court Interpretations
6. Making a Claim after Long-Term, Strenuous Labor
I Am Not Sure When My Injury Occurred?
There are requirements for a successful claim for workers’ compensation insurance benefits for an occupational disease or injury under Nevada state law. Certain forms must be completed with specific information provided regarding the accident or occurrence. If you are not sure when you received an injury or obtained an illness, it may be difficult to prove that it occurred while you were on the job, making it much more difficult to qualify for benefits.
What Can Be Claimed?
Any injury or occupational illness that occurs as a direct result of performing job related duties qualifies for compensation benefits. However, the employee must prove that the job is what resulted in such event.
Course and scope of employment
According to the laws in the State of Nevada, injuries or occupational illnesses must be a direct result of performance of job duties in the course and scope of employment. While most injuries occur at the place of business or on a job site, there are times when accidents can occur at other places while an employee is still performing his or her job duties. If your boss has you running errands, you are covered under workers’ compensation if you perform only your job duties while you were out. If you perform any personal business during this time as well, it is possible that you would not qualify for a successful compensation petition.
Certain illnesses are covered under compensation insurance if they occur as a direct result of your work-related duties. This can be due to a triggering event or trauma, or may occur over time from repetitive stress on part of the body. It is important to note that certain diseases and illnesses are covered only for specific occupations. In order to be covered, an occupational disease needs to either have an identifiable time frame or needs to be documented by a physician who specifically identifies work duties as the cause of your condition.
The Burden of Proof and Documentation
In order to prove that any injuries or illnesses are a direct result of performance of work-related duties, the employee must be able to provide specific information regarding such event. According to Nevada law, a qualifying injury occurs as a result of a sudden and traumatic occurrence that produces an immediate or rapid outcome that can be proven with medical confirmation. In order for insurance coverage to be provided, the employee must be able to report the date, time, place, and cause of any such injuries. As an employee, this makes it especially important to notify your employer immediately of the event and to get medical assistance as soon as possible.
How to File the Claim
You must notify your employer in a timely manner about the event leading to any injuries or when you discover the occupational disease. Be sure that you or the employer fills out and signs the Workers Compensation form C- 1 titled “Notice of Injury or Occupational Disease.” Be sure to keep a signed copy for your records. However, the process does not actually begin until after you receive medical care and complete the proper forms. Ask for and complete the Workers Compensation form C-4 titled “Employees Claim for Compensation/Report of Initial Treatment.” You will complete the top portion of the form. To be successful, you must provide specific and accurate information regarding the date, time, place, and cause of any injuries you sustained as a result of performing your job duties. The attending physician will complete the bottom portion then send the completed form to your employer and the employer’s insurance provider.
Timeliness for Making a Claim
There are time limits on reporting and filing the appropriate paperwork for obtaining workers’ compensation benefits for injuries and illnesses. The event must be reported to the employer within 7 days of the occurrence of the event or the discovery of the work-related illness. This notification must be provided in writing by way of the completed C-1 form to the employer. Additionally, it is important to see a physician quickly because the physician must complete the C-4 form within 90 days of the event. When an employee waits several weeks before making the appropriate medical reports, the accuracy of such reports may be questioned and there is a risk that the workers’ compensation insurance will be denied.
Nevada Supreme Court Interpretations
The Nevada Supreme Court typically adheres to the identification of injuries as defined by the WC status and guidelines as defined by law as “an injury by accident” that occurs in the scope of employment. Although this is sometimes dependent on the specific facts and individual circumstances of each case, there must typically be some sort of readily identifiable accident or event associated with such injuries in order to receive compensation insurance.
Making a Claim after Long Term Strenuous Labor
While some repetitive movements on the job may result in certain medical conditions, it is difficult to file a successful claim to receive compensation for most medical conditions that occur from a lifetime of employment. As many health conditions can have other causes and occur within the general population, it has to be proved that the condition is a direct result of job-related duties with risks greater than to the general population. Without specific information filed in writing in a timely manner, these types of applications are usually not successful.
Nevada Workers Compensation Attorney
If you are unsure regarding the law or your rights to obtain workers’ compensation benefits, the Morris Anderson Law Firm can discuss your case.
Related Nevada Revised Statutes
For specific laws regarding definitions used for workers’ compensation, see the appropriate Nevada Revised Statutes:
- NRS 616A.030 “Accident” defined
- NRS 616A.265 “Injury” and “personal injury” defined
- NRS 617.440 Requirements for occupational disease to be deemed to arise out of and in course of employment; applicability