By Billie-Marie Morrison, Esq.
The answer is simple, right away… preferably the day you are injured or shortly after. When you are injured on the job, or suffer an occupational disease, you are NOT suing your employer. What you have is a claim with your employer’s workers’ compensation insurance carrier. Similar to a car accident, if you are hit by someone driving a car while you are driving for work purposes, you make a claim against the vehicle insurance policy, not the individual, in the majority of cases anyway. In workers’ compensation, you are making a claim against your employer’s workers’ compensation insurance carrier, not against your employer.
What to do when you are injured? The first thing is to notify your supervisor, manager, Human Resources person, Safety, Shop Steward, Business Agent, or anyone with authority at your employer. Because the law requires you to report any accident or injury within seven (7) days, I recommend you do this in writing. If you inform someone verbally, always follow up with an email or text message. When you inform your employer of your injury, your employer is supposed to provide you with what is called a “C-1 Form” or “Accident and/or Injury” form. Some employers do not provide injured workers this form, which is why it is empirical that you follow up with something in writing.
The next step is to seek medical attention. This is how the C4-Form gets filled out. Every employer is required to have a poster in the break room or a common area, that all employees have access to, which tells you who to call if you are injured and where to go for medical attention. If you are seriously injured, call an ambulance, and do not give anyone your health insurance. Tell the medical attendants that it is a work comp claim. NRS 616C.085 requires all employers to immediately provide all necessary medical aid, including transportation, to all injured workers. If you are not seen at a hospital you will need to go to the facility listed on the poster provided (or listed in your employee handbook) with all the necessary information, including who to call and where to go. The most common places to initially seek medical treatment are Concentra Medical Center, Care Now, or UMC Quick Care.
Another very important reason to have a work comp attorney is that we know how to find the approved doctors on your employer’s work comp provider panel. This list can be found on the DIR’s website. A work comp attorney will know what kind of specialist you need to see, and which one will be the best for you to treat your injuries. Remember, you should NEVER be asked to sign a lien on a work comp claim, and please never, ever sign one.
Also, work comp attorneys know the importance of getting your average monthly wage (AMW) correct, and if you have a 2nd or 3rd job know that those wages are included in your AMW calculation. Why? Because your AMW determines your daily rate, which is how you get paid if you are completely off work, or your doctor gives you restrictions and your employer cannot accommodate these restrictions in a light-duty job capacity. Also, the AMW you get from this injury will follow you for life. In Nevada, we have lifetime re-opening rights. So if you need to re-open your claim in the future, your AMW is the original AMW for your claim, so it must be correct. If you work out of a union hall and work for multiple employers in the 365 days before your injury, all of those wages are included as well. When you are injured, the work comp claims adjuster will calculate your AMW based on 84 days, however, the law says the calculation is 84 days or 12 months, and whichever amount is higher is the wage you are paid. Lastly, the AMW is included in the calculation worksheet the State of Nevada has designed to determine how much money you will get paid at the end of the claim when you are MMI, which is maximum medical improvement….in other words, there is nothing else medically that can be done for you at this time.
Having an attorney who is certified as a Specialist by the State Bar of Nevada in the area of Workers’ Compensation, such as myself, can make a huge difference in the benefits you get today and in the future. We will make sure you get the highest number for your AMW, get your mileage reimbursement submitted, select doctors who are not influenced by work comp claims adjusters, advocate for all the treatment your doctors’ request, and make sure you timely get your PPD exam and your money when you are done treating. Be careful, if you are offered to have your work comp claim handled for free, there is a chance it is because the attorney does not know how to do work comp. You risk losing a lot of money now and in the future. A workers’ compensation claim needs to be done correctly at the beginning.
Many other benefits go along with a properly managed workers’ compensation claim by a Certified Specialist, but this article may never end! Therefore, if you or anyone you know has a question or would like to know more, please feel free to call us anytime or email me at bmorrison@cpklaw.com.
