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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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