In Nevada, most workers who are injured on the job are eligible for workers compensation benefits. These benefits are protected by law, and it is illegal for your employer to fire you because you applied for benefits. In addition, these benefits are protected from liability concerns, so you are still entitled to benefits even if you are partially responsible for the accident that caused the injury.
Though workers’ compensation laws extend a certain amount of protection to you and your benefits, there are still several ways that your benefits can be reduced or taken away. It is important that you understand what types of behaviors to avoid, so that you won’t lose your eligibility.
Failure to Report
Under Nevada law, you must report your injury and file your claim within 90 days of the injury. If you do not do this within 90 days, you will not be eligible for workers’ compensation. If you are suffering from a gradual or overuse injury, you must report the injury within 90 days of discovering it.
Intoxication and Controlled Substances
Although liability normally does not affect workers compensation benefits, the exception is in the case of alcohol or controlled substances. If you were under the influence of alcohol or controlled substances, you will not be eligible for workers’ compensation. If the insurer has any reason to believe you may have been intoxicated, he can ask for access to the injury report and medical records that would document the intoxication.
If you are convicted and incarcerated for a crime, you will not receive workers’ compensation benefits during the period that you are incarcerated. Nevada law is less clear if you are confined under house arrest, but it is possible that you will also lose your benefits during that period.
Although it is technically illegal for your employer to fire you because you filed for workers’ compensation, your employer is still allowed to fire you for other reasons. One of the acceptable reasons is gross misconduct. Make sure you don’t give your employer any reason to fire you, because your job isn’t as protected as you might think.
Obviously if you defrauded your employer for workers’ compensation benefits, your benefits will immediately end, and you will almost certainly lose your job. It is very important that you are completely honest about your injuries and your physical condition. In the case of costly long term injuries and disabilities, some insurers will hire private investigators to check if your injuries are real. It’s important that you do not try to deceive your employer, because you will likely get caught if you do.
Were You Recently Injured in the Workplace?
If you have recently been injured, you should meet with a workers’ compensation attorney. Our legal team is experienced with workers’ compensation law, and we can help make sure that you avoid the common mistakes that reduce people’s total benefits. With our help, you will increase your chance of getting the benefits and compensation you deserve.