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Employer and Employee Responsibilities

Workers’ Comp: Understanding Your Duties and Those of Your Employer

When you’re hurt at work, both you and your employer have a number of responsibilities. When either of you fail to fulfill the required duties, a workers’ compensation claim can turn into a complicated disaster. In a best-case scenario, you will be met with numerous challenges as your case proceeds. In a worst-case scenario, you will lose your right to recover money for lost income, medical bills, and disability.

If you’re unsure of your responsibilities after a workplace accident or you think your employer might be dodging responsibility, give us a call. We can help you sort through the legal system so you can get your money.

Employer Responsibilities in Workers’ Comp Claims

Companies with employees are obligated to perform certain duties to make sure injured workers get paid. When they fail to keep up with their responsibilities, they can face civil liability and even criminal prosecution.

Maintaining Workers’ Comp Insurance

In Nevada, most employers are required to carry workers’ compensation insurance to protect workers like you who may become injured. If your employer fails to carry required coverage and you get hurt, the company can face:

  • A civil lawsuit to make them pay for medical bills, lost wages, and a number of damages that would not normally be covered if they had workers’ compensation insurance.
  • Criminal prosecution because failing to carry work comp insurance when required is against the law in Nevada.
  • Fines of up to $15,000
  • Mandatory shutdown of operations until appropriate coverage is obtained

Other Employer Duties

Under Nevada law, employers must also:

  • Refrain from violating the rights of an injured worker.
  • Avoid retaliation when work injuries are reported.
  • Assist injured workers in obtaining emergency medical treatment
  • Record and report all workplace incidents that cause injuries or illnesses
  • Cooperate with a workers’ comp claim investigation.
  • Welcome recovered employees back to work.

Employee Responsibilities

Workers have a number of responsibilities as well and when they don’t fulfill their duties, they can lose their right to recover damages if they get hurt.

  • Workers must act responsibly. Injuries that are self-inflicted, occur while the worker is under the influence of alcohol or drugs, or happen in the course of horseplay or other reckless acts may not be covered by workers’ comp insurance.
  • Injured employees must report their injuries or occupational illnesses right away. They should fill out any necessary forms and submit any requested information in a timely manner as well.
  • Follow through with medical treatment, evaluations, and recommendations. Going against the recommended procedure could result in a denied claim.

When you’re hurt, all the technicalities that accompany a work injury claim can quickly become overwhelming. Let us handle the legal system while you focus on getting better. Give us a call to find out how we can help.

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COVID-19 (Coronavirus) update

March 18, 2020 Udpate.

We have just been given notice that all Hearings and Appeals have been vacated and are off calendar by order the Senior Appeals Officer from the Nevada Department of Administration. It is unknown when the reset dates will occur.

March 17, 2020 Update.

As efforts concerning the containment of COVID-19 (Coronavirus) continue to evolve here in the U.S. and around the world, we want to assure you that Jason D. Mills & Associates remains committed to three important priorities:

Our offices remain open for business; however, we encourage all existing clients to help us limit exposure and the potential spread of COVID-19 by avoiding in-office meetings. We remain open for business virtually during normally scheduled work hours (9:00 am to 5:00pm, Monday through Friday). All email, fax, telephone, and other electronic communication will continue without interruption. If you have a scanner please scan documents and send to us in .PDF format. If you do not have a scanner, there are smart phone apps available such as: CamScanner, Adobe Scan and Genius Scan (and many others), that will turn your smart phone into a document scanner at zero or little cost.

Our local courts continue to update and modify their policies and procedures in response to the current COVID-19 situation as well, and we are monitoring those procedures to navigate the impact on your claims. So far, the Hearing and Appeals Office has halted all in-person hearings and is in the process of converting future hearings into telephonic hearings. As we learn more, we will provide updated information.

We also know that many of you have been personally impacted in a number of ways, and we apologize for any inconvenience these modifications may cause you but of course we are all experiencing this disruption together and will get through it together. We will resume normal operations as soon as the local, state and national governments give instructions that it is reasonable to do so. We appreciate your flexibility as we do our part to help bring this unprecedented situation under control.

Again, we are fully operational and are actively working on your claims. If there is anything you need, please feel free to contact our office (telephonically or electronically) during office hours so that we can direct your call and follow up accordingly.