For years, I’ve been assisting firefighters and police officers on their workers’ compensation claims. I understand how dangerous your job is, and having represented hundreds of firefighters and police officers in my career, I understand the specific needs and goals associated with your claims. I’ve spoken at many firefighter and police officer union events over the years, explaining the complexities of heart, lung and cancer claims. Indeed, I spend my own personal time lobbying at the Nevada legislature every two years in support of major work comp initiatives backed by the firefighter and police unions.
My representation of firefighters and police isn’t limited to just the major metropolitan areas of Nevada. I also am proud to have represented many firefighters and police officers in the more rural communities of Nevada.
Also, to help show my appreciation to the firefighter and police officer community, I have also negotiated with the fire and police unions significantly reduced fees for my services associated with all firefighter and police officer claims; my way of saying thank you for your service to our community.
If you are a Nevada firefighter or police officer who has been injured, special workers’ compensation laws and benefits may be applicable to your situation. You may be entitled to coverage that is not available to other workers in the state. Give our office a call to find out whether you meet the criteria to be considered a firefighter or law enforcement officer under Nevada law. We’ll help make sure any applicable laws and benefits are applied to your claim.
In Nevada, a special group of laws govern the application of a conclusive presumption of compensability in cases where firefighters and police are injured or become ill. Under the laws, qualifying workers do not have to prove that an occupational exposure caused certain disabling conditions. Additionally, if the conclusive presumption applies, the employer or insurer cannot try to prove that the condition was pre-existing or that it arose out of something other than occupational activity.
There is an automatic presumption that an officer or firefighter has a work-related injury if he or she is diagnosed with any of the following.
If you were exposed to a known carcinogen that could be reasonably connected to your type of cancer and your cancer manifests itself after five years of employment, there is a rebuttable presumption of compensability. The presumption is extended for cancers that are diagnosed up to five years following termination of your employment. If you lack the five years of employment history as a firefighter or police officer, you may still be able to recover money when you can prove that the cancer is work-related.
Firefighters and police officers who have two years of continuous, full-time employment and who have disabling heart disease are entitled to workers’ comp benefits. Employers can claim a failure to correct predisposing conditions as a defense, but Nevada law provides for a conclusive presumption that a disabling heart condition is occupationally related. If you are partially disabled and unable to work as a police officer or firefighter because of the disease, you may be entitled to partial disability benefits.
There is a conclusive presumption under Nevada law that lung disease is work-related if you have two years of continuous, full-time employment as a firefighter or police officer before you became disabled. If you do not have two years of employment, you may still be able to recover benefits if you can show a relationship between your disease and the on the job exposure to heat, fumes, smoke, tear gas, or other toxic gasses.
Certain Contagious Diseases
Some contagious diseases may be treated differently for injured firefighter and police as well. If you are exposed to tuberculosis, hepatitis, HIV, and some other contagious diseases while providing medical care or fulfilling your duties at your job, you may be entitled to lifetime benefits including coverage for testing and treatment.
If you have five years of employment as an officer or firefighter, hepatitis is conclusively presumed to be work-related unless you already had that form of hepatitis before your employment began.
The law allows for special provisions for police and firefighters who have disabling heart or lung disease. People with heart or lung conditions who have been employed in a full time, continuous, uninterrupted, and salaried position as a police officer, firefighter, or arson investigator for at least 2 years before becoming disabled are conclusively presumed to have a work-related condition if the disabling condition was diagnosed or occurred:
The conclusive presumption does not apply if:
To qualify for workers’ comp benefits that are unique to firefighters and police in Nevada, you must meet certain criteria. You must be a:
For workers who don’t qualify as firefighters or police, there are often other legal remedies to recover money for medical treatment, lost wages, and vocational rehabilitation when you’re injured at work. Give us a call and we’ll evaluate your situation to determine which laws and benefits apply to your case.
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.