Missed injury claim deadline in Nevada but still won in court Why

Missing a deadline for filing a claim in Nevada can have severe consequences, and it’s a common issue many face. Understanding the legal landscape is crucial for effective resolution. In this piece, we’ll explore a notable court decision, Barrick Goldstrike Mine v. Peterson, to shed light on how such situations can be legally navigated. Read on to discover how the court addressed this challenge and provided a pathway for resolution.

Situation

Specific Situation

In Nevada, there was a disagreement between a worker and his company about a workers’ compensation claim. The worker, an electrician at a mine, hurt his back while working. He told his boss about the injury right away and filled out an injury report. However, he didn’t file the official compensation claim within the required 90 days. This was because he thought his injury would heal with some rest and did not see a doctor immediately. It was only a few months later that he realized his injury was serious. The company’s insurance denied his claim because it was late, which led the worker to appeal.

Plaintiff’s Claims

The worker, who is the plaintiff, said that his late filing should be excused. He explained that he didn’t connect his worsening leg pain to his back injury and only went to the doctor when the pain got really bad. He argued that he didn’t know how serious his injury was, which is why he delayed filing his claim.

Defendant’s Claims

The company, the defendant, argued that the worker’s claim was rightfully denied because it was filed after the 90-day deadline set by Nevada law. The company insisted that both a notice of injury and a claim for compensation need to be filed to get benefits. They argued that missing these deadlines should prevent the worker from getting any benefits.

Judgment Outcome

The court ruled in favor of the worker. It found that the appeals officer had made an incorrect initial interpretation of the law, but there was enough evidence to excuse the late filing. The court recognized that the worker did not know how severe his injury was, which was a good reason for the delay. As a result, the company was ordered to give the worker the compensation benefits he requested (Case No. 33460).

Resolution

Immediate Actions

If you’ve missed a deadline for filing a workers’ compensation claim, don’t panic. First, gather all documents related to your injury, like incident reports and any communication with your employer. Make a timeline of when the injury happened, when you reported it, and when you sought medical help. This timeline will help in organizing your case and explaining the delay.

Filing and Submission Guidelines

To file a claim, you need to fill out specific forms provided by your employer or their insurance company. Make sure to submit these forms within the deadlines set by your state. In Nevada, this is typically 90 days after the injury. If you’re late, you might still be able to file if you have a valid excuse, such as not knowing the severity of your injury or being unable to connect your symptoms to the workplace accident.

Negotiation and Settlement Strategy

If your claim is denied due to late filing, consider negotiating with your employer. Sometimes, employers prefer to settle rather than go through a lengthy legal process. Present all your evidence clearly, and if needed, seek help from a lawyer. A lawyer can assist in negotiating a fair settlement by highlighting any statutory exceptions that might apply to your case.

FAQ

What Is NRS 616C?

NRS 616C is a set of laws in Nevada about workers’ compensation claims. It outlines what you need to do to file a claim after getting hurt at work.

How To File A Claim?

To file a workers’ compensation claim, fill out the required forms and submit them to the insurance company. Make sure to do this within the time limits set by your state laws.

What Is The Deadline For Filing?

Normally, you have 90 days from the time of your injury to file a claim. However, there are some exceptions if you have a good reason for filing late.

What Does Actual Notice Mean?

Actual notice means your employer knows about your injury because you told them directly. This can affect the deadlines and requirements for filing a claim.

What If My Claim Is Filed Late?

If your claim is late, it might still be accepted if you have a valid reason, like not knowing the law or not realizing how serious your injury was.

What Is An Excuse?

An excuse is a valid reason that can allow you to file a late workers’ compensation claim. Reasons might include mistakes or not knowing the law.

What Does An Appeals Officer Do?

An appeals officer reviews decisions made by insurance companies or hearing officers to ensure laws are applied correctly and evidence is fairly considered.

What Is De Novo Review?

De novo review is a fresh look at a case by an appeals officer, where they consider all evidence anew without relying on earlier decisions.

How Is Substantial Evidence Used?

Substantial evidence is strong enough information that a reasonable person would accept as enough to support a decision in a case.

Can A Ruling Be Appealed?

Yes, you can appeal a ruling if you have reasons to challenge the legal or factual basis of the decision.