Las Vegas Workers Comp Lawyer Explains the Criteria
On-the-job injuries can cause permanent disability, paralysis and sometimes death. Workers suffering from on the job injuries or illnesses need to know about their rights when seeking recovery. Las Vegas workers comp lawyer Gerald Welt can help determine if you are eligible for workers compensation benefits and fight for your rights if your employer attempts to contest your eligibility.
Workers’ Compensation Eligibility
To qualify for workers’ compensation, you must meet three basic requirements:
- Your employer must provide workers’ compensation insurance.
In most cases, every Nevada employer who has at least one employee must provide workers’ compensation insurance for each employee. There may be some exceptions for certain industries like agriculture and domestic workers, and there are some complications when the employee works across state lines. In general, most workers are eligible for workers compensation.
- Your occupation must have played a role in your injury or illness.
Injuries like grease burns from a deep fryer, an injured back from heavy lifting, carpal tunnel from excessive typing or an illness from toxic exposure could all qualify for workers compensation benefits. In certain gray area situations – injured on a lunch break, a car accident involving the company car – it is best to speak with an attorney about your options. Some companies might try to deny workmans comp/workers comp if the employee has a pre-existing condition, but if you can prove that the workplace made the condition worse, you are eligible for compensation. An attorney can help you prove this claim, which is why you really want a workers compensation attorney on your side
- You must be an official employee.
In most cases, workers compensation only applies to employees. Freelancers, volunteers and some independent contractors cannot receive workers compensation, though there are sometimes exceptions for volunteer firefighters. Even if your employer has designated you as an independent contractor, you may still be eligible for workers comp benefits. If you filled out a W-4 instead of a 1099, there is a good chance that you qualify for workers compensation. If your employer still refuses to comply with your request or attempts to classify you as a different type of worker to avoid payment, talk to our Las Vegas workers comp attorney.
Contact our Las Vegas Workers Compensation Attorney Today
If you meet all the above qualifications and your employer refuses to cover your workers compensation benefits, or if you are not receiving the full benefits that you deserve, feel free to contact our office by calling (702) 382-2030 or by submitting a contact form. The workers’ compensation process can be confusing and frustrating. We are happy to assist with your claim, and there is no charge for our first consultation.