Injured at work in Nevada but still denied help Why

Have you faced confusion about which employer should cover your workers’ compensation in Nevada? Many share this challenge, especially when multiple employers are involved. Understanding the law is crucial, and the Las Vegas Housing Authority v. Root (2000) case provides guidance. Discover how this precedent can help resolve similar issues.

Situation

Situation Example

Let me tell you about Mr. R, who lived and worked in Nevada. Mr. R had a bit of a tough time with his jobs. First, he worked for a housing authority, where he hurt his left shoulder. This injury was recognized, but he didn’t get any disability benefits, and the case was closed. Later, Mr. R got a new job with the City of Henderson. While working there, he hurt his right shoulder. As he recovered, he used his left shoulder too much, which made it hurt even more. Then, unfortunately, he hurt his left shoulder again while doing a task at his new job. This led to a big question: which employer should pay for his workers’ compensation benefits?

Judgment

The court decided that the City of Henderson should be responsible for Mr. R’s workers’ compensation benefits. This decision was based on the “last injurious exposure rule.” This rule says that the employer at the time of the last injury, which is related to the disability, should pay. So, the City of Henderson had to accept Mr. R’s claim from 1996. This was decided in the case of Las Vegas Housing Authority v. Root, case number 32571.

Solution

Immediate Actions

If you find yourself in a similar situation, the first thing you should do is gather all your medical records and any documents related to your injuries. Make sure you have proof of all the times you were injured at work and how those injuries happened. This evidence will be very important if you need to make a claim.

Filing a Claim

To file a workers’ compensation claim, you will need to fill out a specific form that your employer’s insurance company will give you. Make sure you fill it out completely and honestly. Attach any medical reports and evidence of your injuries. Once you submit the claim, the insurance company will review it. Keep copies of all documents for your records.

Negotiation and Agreement

If there is a disagreement about who should pay for your benefits, it might be helpful to try mediation first. Mediation is a process where a neutral person helps both sides come to an agreement. This can be faster and less expensive than going to court. If mediation doesn’t work, you might need to consider hiring a lawyer who knows a lot about workers’ compensation law. This is important because the law can be complicated, especially when it involves multiple employers.

FAQ

What Is NRS?

The Nevada Revised Statutes (NRS) are the collection of laws in Nevada. They include all the rules and regulations, like those for workers’ compensation claims.

Who Pays the Benefits?

The employer at the time of the last injury that relates to the disability is responsible for paying the workers’ compensation benefits.

What If the Injury Recurs?

If an injury happens again and it’s not a new injury or an aggravation, the first employer might still be responsible if the recurrence doesn’t add to the disability.

What Happens If You Change Employers?

If you change jobs and get a new injury, the new employer might be responsible under the last injurious exposure rule, if the injury is related to the disability.

How Can Claims Be Reopened?

Claims can be reopened if there’s a change in your situation, and the original injury is the main reason for this change, according to NRS 616C.390.

What Does “Last Exposure” Mean?

The last injurious exposure rule says the employer at the time of the most recent injury that relates to the disability has to pay for the compensation.

Who Is Liable?

The employer’s insurance at the time of the last injury that contributes to your disability is usually liable, based on the last injurious exposure rule.

How Do You Prove Causation?

To prove causation, you need medical evidence and expert statements that connect the most recent injury to your current disability.

What If the Evidence Conflicts?

If there’s conflicting evidence, it’s up to the appeals officer or the court to decide which evidence is most believable and make a decision based on that.

When Should You Seek Legal Help?

You should think about getting legal help if your case is complicated, especially if you’re dealing with more than one employer or if your claim gets denied.