Adam S. Kutner, Injury Attorneys · Las Vegas Valley
Las Vegas Workers’ Compensation Lawyer
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In This Guide
Why Hire a Lawyer for Your Workers’ Compensation Claim?
You should hire a Las Vegas workers’ compensation lawyer because the insurer that decides your claim is also the company that pays it, and a lawyer builds your claim so there is nothing to deny. Nevada law gives the insurer specific grounds: a late notice or claim (NRS 616C.025), records that do not tie the injury to your work (NRS 616C.150), or intoxication (NRS 616C.230). We file everything on time, gather the records that connect the injury to your job, and push back if anyone pressures you not to report, which Nevada penalizes (NRS 616D.120). Adam S. Kutner spent his early career defending insurance companies, so we know how the denials get built.
How Workers’ Compensation Works in Nevada
Workers’ compensation in Nevada is a no-fault insurance system: when you are hurt on the job, your employer’s insurance policy pays your medical care and part of your lost wages without you proving anyone was careless, and every employer must carry the coverage (NRS 616B.612). People often refer to “workers’ comp” or “workman’s’ comp,” but in the state statutes, it’s called “industrial insurance.”
The trade is benefits without a lawsuit: you are paid without proving fault, and in exchange, you generally cannot sue your employer (NRS 616A.020). The deadlines: seven days to notify your employer in writing, 90 days to file, 30 days for the insurer to decide, and 70 days to appeal. Missing the first two can bar the claim (NRS 616C.025).
How Workers’ Compensation Works in Nevada
We handle a workers’ comp claim from the first form to the last check, starting with a free consultation: bring your incident report, medical paperwork, and pay stubs, and we will tell you where the claim stands. Our legal representation runs in three stages.
- File every form on the statute’s clock.
We confirm the C-1 reached your employer, and the C-4 was signed at your first treatment, then hold the insurer to its 30-day decision. - Check the wage math and the medical side.
Your checks are built on your average monthly wage from the 12 weeks before the injury; we make sure reported tips, overtime, and a second job are documented for that base, use your one free change of doctor within 90 days when needed (NRS 616C.090), and help you prepare for the impairment rating. - Appeal every determination that shorts you.
A denial, a closed claim, a low rating, or a miscalculated wage each gets its own hearing request inside 70 days, and we check every claim for a third party outside the workers’ comp (WC) system.
No Fees Unless We Win Your Workers’ Comp Case
You pay nothing up front. Our fee is a percentage of what we recover, and if we recover nothing, you owe no attorney fee. The team at Adam S. Kutner, Injury Attorneys, is experienced with Nevada claims and has been serving injured people across the Las Vegas area for more than 35 years.
How To File a Workers’ Compensation Claim in Nevada
To file a workers’ compensation claim in Nevada, you complete two forms, the C-1 and the C-4, inside two deadlines, in six steps. In this video, our attorney Michael Gobaud explains what to gather right away: the accident report to establish the timeline, employment records that show you were at work, and every medical record that proves your treatment dates and symptoms.
- Get emergency care if you need it, then use the insurer’s providers.
In an emergency, call 911 or go to the nearest emergency room. Otherwise, ask your employer for the insurer’s list of clinics (it must give you at least two names per NRS 616C.010), and tell the provider it is a work injury; a doctor outside the insurer’s panel or network may not be paid, except in an emergency (NRS 616C.090). - Report the injury to your employer in writing within seven days.
Tell a supervisor the day it happens, then put it on Form C-1, the Notice of Injury or Occupational Disease, and keep a signed copy (NRS 616C.015). The C-1 is a report, not a claim. - Fill out the C-4 at your first medical visit.
Form C-4, the Employee’s Claim for Compensation, starts the claim; the provider files it within three working days (NRS 616C.040), and it must be filed within 90 days of the injury (NRS 616C.020). - Keep a file of everything.
The accident report, witness names, pay stubs, and every medical record, with the C-1 copy at the top; our guide to documenting a workers’ comp injury lists what to save. - Watch the mail for the insurer’s decision.
The insurer has 30 days to accept and start paying, or to deny in writing with a hearing request form enclosed (NRS 616C.065); your 70-day appeal clock starts then. - Talk to us before you sign anything.
A recorded statement, a light-duty offer, a lump-sum settlement, and a claim-closure notice each change what you can recover; we review each one before you sign it, so you do not give up a benefit you have not been paid.
What Benefits Does Nevada Workers’ Comp Pay?
Nevada workers’ comp pays for medical treatment, a share of lost wages, permanent impairment, vocational rehabilitation when you cannot return to your old job, and death benefits (NRS 616C.505); it does not pay for pain and suffering. See how workers’ compensation is calculated and how long a workers’ comp case takes to settle. A death on the job caused by someone other than the employer may also support a wrongful death claim against that third party.
|
Benefit |
What it covers |
The Nevada rule |
|---|---|---|
|
Medical treatment |
Necessary treatment from an authorized provider, plus mileage when the clinic is 20 miles or more each way (NAC 616C.150). |
Through the insurer’s panel or managed-care plan (NRS 616C.090). |
|
Temporary total disability (TTD) |
66 2/3% of your average monthly wage while your doctor keeps you off work, up to a state maximum that resets each July 1. |
Paid once you miss five days in a row or five days within 20, then computed back to the injury date (NRS 616C.400, NRS 616C.475). |
|
Permanent partial disability (PPD) |
A lump-sum or installment award for a lasting impairment at maximum medical improvement. |
A rating doctor chosen at random sets a whole-person percentage (NRS 616C.490). |
What To Do If Your Workers’ Comp Claim Is Denied in Nevada
A denied workers’ comp claim in Nevada is not the end of the claim: the denial letter must come with a Request for Hearing form, and you have 70 days from the mailing date to use it (NRS 616C.315). The appeal path has four levels.
- File the hearing request within 70 days.
Send the denial letter and the form to the Nevada Hearings Division; every written determination you disagree with needs its own request. - Present your case to the hearing officer.
The first level is informal: about 10 to 15 minutes to explain why the determination is wrong and hand over the records that show it; the decision arrives by mail about 10 days later. - Appeal to an appeals officer within 30 days.
The second level is a formal hearing where attorneys present evidence (NRS 616C.345); the appeals officer can appoint the Nevada Attorney for Injured Workers free of charge, and we represent our clients at both levels. - Seek judicial review in district court.
An appeals officer’s decision can be taken to the district court by a petition for judicial review filed within 30 days after the decision is served (NRS 616C.370).
Nevada law lists the grounds for a denial: a late notice or claim, records that do not tie the injury to work, a pre-existing condition the work injury did not substantially contribute to (NRS 616C.175), or intoxication; our guide to why workers’ compensation claims get denied covers the evidence that answers each.
Can I Sue My Employer for a Work Injury in Nevada?
You generally cannot sue your employer for a work injury in Nevada because workers’ compensation is the exclusive remedy against the employer (NRS 616A.020). You can sue someone else whose negligence caused the injury, and that third-party claim recovers what workers’ comp never pays: pain and suffering and the rest of your lost income (NRS 616C.215).
Third parties on Las Vegas worksites include a driver from another company who hit you while you were working, the maker of a defective tool or machine, and a property owner that is not your employer or the principal contractor. On a construction project, the licensed general contractor and the other subcontractors’ crews generally count as your employer and co-workers for this purpose (NRS 616A.210). Workers’ comp pays first, the insurer holds a lien on part of the recovery, and Nevada bars a double recovery; see personal injury versus workers’ compensation and our car accident, slip and fall, and product liability pages.
Do Independent Contractors Get Workers’ Comp in Nevada?
Independent contractors generally do not get Nevada workers’ comp, but the label on your paperwork does not decide whether you are one, and on a licensed contractor’s job, the principal contractor’s policy covers the subcontractors and independent contractors it hires (NRS 616A.210). Nevada defines an independent contractor as someone paid for a result and controlled only as to that result (NRS 616A.255); a worker directed on how, when, and where to work is an employee under NRS 616A.105, which covers people hired “lawfully or unlawfully,” minors, and house-band musicians. See independent contractors and workers’ comp and workers’ compensation for Uber and Lyft drivers.
Where Work Injuries Happen in Las Vegas
Work injuries in Las Vegas, NV, follow the valley’s economy: resort and casino floors, hotel housekeeping and kitchens, hospitals and healthcare facilities, convention halls, construction sites along the Strip and out through Henderson and Summerlin, warehouses and delivery routes, and the skilled outdoor trades. As a local firm, we meet injured workers across the city at our three offices, at home or in the hospital, or by sending a car service.
Nevada’s statute is written with this workforce in mind: house-band musicians are employees (NRS 616A.105), reported tips count in your wage base, and paid travel is in the course of employment (NRS 616B.612), so an employee delivery driver hurt on the clock between stops is in the course of employment. Heat illness is covered in workers’ comp for heat stroke, and casino smoke exposure in workplace air quality claims. The Nevada Attorney for Injured Workers’ Las Vegas office is at 2200 South Rancho Drive, Suite 230; the Division of Industrial Relations takes insurer complaints at (702) 486-9080.
Common Work Injuries in Las Vegas Workers’ Comp Claims
Common work injuries in Las Vegas workers’ comp claims include serious back, neck, and spine injuries from lifting, knee, shoulder, and hip injuries from ladder falls and slips on wet kitchen and casino floors, falling objects and machinery can cause burns, chemical exposure, eye injuries, and electric shock, heat stroke, hearing loss, any injury requiring surgery, assaults on security and hospitality workers, and repetitive strain, such as carpal tunnel syndrome and tendonitis.
Nevada Workers’ Compensation Laws
Nevada workers’ compensation law lives in NRS chapters 616A through 617; these sections decide most claims, and our guide to what is not covered by workers’ compensation draws the outer line.
|
Nevada Law |
What it says |
Why it matters |
|---|---|---|
|
Notice of injury |
Written notice to your employer within seven days, on Form C-1. |
A late notice is a ground for denial, unless excused (NRS 616C.025). |
|
Claim for compensation |
The C-4 must be filed within 90 days; dependents have one year after a death. |
Without a C-4, there is nothing for the insurer to pay. |
|
Insurer’s decision |
Accept and start paying, or deny in writing, within 30 days. |
An unreasonable delay can be penalized, on the Administrator’s order, at three times the amount delayed. |
Have you suffered from a workplace injury?
Not sure whether your claim was handled correctly? Call (702) 382-0000 and we will go through the letters with you for free.
FAQ About Workers’ Compensation Cases in Las Vegas
Get a Free Consultation With a Las Vegas Workers’ Compensation Lawyer
Hurt at work anywhere in the Las Vegas Valley? Call or send us the insurer’s letter through our online form; the consultation is free.
Workers’ Compensation Claims by Type
For every statute guide in one place, see our workers’ compensation legal resources. A worker’s compensation claim caused by someone other than your employer is also a personal injury claim.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, talk to a qualified Nevada attorney.
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