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When Do I Have a Workers’ Compensation/Personal Injury Claim?

You are injured at work. You inform your employer immediately. In a timely manner, you file a workers’ compensation claim and treat with a workers’ compensation doctor. Upon completion of your treatment, your doctor indicates that you have recovered fully and your claim closes. You are happy with the treatment that you have been provided but you remain frustrated. You believe that your injuries are the result of the negligence of someone else. You believe you should be able to recover further for the physical and emotional distress your injuries caused to you. Can you recover for your “pain and suffering” in a personal injury action?

Pain and suffering is the legal term used for the physical and emotional distress caused from an injury. Whether you are able to recover pain and suffering incurred as a result of injuries sustained at work will rely on a single question: Who caused your work-related injury?

Common Workplace Injuries

In Nevada, subject to some exceptions, an injured worker cannot sue his or her employer for a work-related injury or occupational illness. This means if you were injured because of the negligence of your employer, you will only be able to obtain benefits through the workers’ compensation system. Workers’ compensation will cover all medical expenses incurred because of your injury. If you are deemed unable to work or placed on restrictions that your employer cannot accommodate, workers’ compensation will also provide you with a portion of your lost wages. The workers’ compensation system does not, however, allow you to recover for physical and emotional distress your injuries caused to you. As such, if your employer’s negligence was the cause of your work-related injury, you will not be able to recover for your pain and suffering.

In some instances, however, someone besides your employer will be responsible for your injuries. Work related injuries that are incurred as a result of the negligence of a third party often times will result in two claims: a workers’ compensation claim and a personal injury claim (work comp/PI claim). The workers’ compensation claim, through the workers’ compensation carrier, will cover all medical expenses and wages that are lost as a result of your injury. At the conclusion of your treatment, the personal injury claim, through the third-party insurance company, will then compensate you for other damages that are not provided by workers’ compensation, including recovery for pain and suffering incurred as a result of your injury.

It is important to note that workers’ compensation/personal injury claims can often times be more difficult to manage than a regular workers’ compensation claim. Several things must be addressed when these kinds of claims arise. You must be sure that the third party that is responsible for your injuries is adequately insured and that a claim is opened promptly with the third-party insurance company. The insurance company must then be kept apprised as to your treatment status. At the end of your treatment, a demand package, including billing that the workers’ compensation carrier has already covered, must then be provided to the third-party insurance company so that the personal injury claim can be properly evaluated.

Lastly, you must remember that any recovery received from the third party insurance company must be reported to the workers’ compensation carrier and any workers’ compensation lien must be satisfied. This means that you must reimburse the workers’ compensation carrier for any payments disbursed for your medical bills, lost wages, and/or disability recovery. Lien amounts can be negotiated; however, some of the methods used for these negotiations can be extremely difficult. You must be sure you use the proper avenue to reduce your workers’ compensation lien to lowest amount possible. This often entails employing difficult formulas and participating in lengthy negotiations.

As the best workers compensation attorney Las Vegas has to offer, we specialize in both personal injury claims and workers’ compensation claims. We also handle these kind of special hybrid workers’ compensation/personal injury claims. If you have been injured, please do not hesitate to contact us at 702-380-2800 for a free consultation to ensure that you are getting the benefits and compensation you deserve. We are happy to assist you in any way that we can.

The Best Las Vegas Personal Injury Attorneys

The Las Vegas law firm, Craig P. Kenny & Associates has been providing trusted legal representation to injured victims in Las Vegas, Nevada for over 30 years. Mr. Kenny has helped the residents of Las Vegas, NV practicing primarily in the area of personal injury law with an emphasis on car accidents, slip and fall accidents, workers’ compensation, criminal defense, and insurance bad faith claims.

Using their extensive legal expertise, Craig P. Kenny and his team of dedicated personal injury lawyers are determined to get you the maximum settlement offer for your injuries as quickly and efficiently as possible. They will also help you get any additional compensation for damages you may need as you recover, including past and future medical expenses, auto expenses, and lost wages.

We treat our clients as a part of the family

It is our goal at Craig P. Kenny & Associates to treat every client like they are family. Our staff members are always kind, courteous, and focused on each and every client who walks through our doors. By working with Craig P. Kenny & Associates, you can expect prompt and diligent service for the duration of your case, and for the lifetime of our working relationship! We pride ourselves in providing premier client care, whether that means meeting our clients at their homes, the hospital, or place of work, and we are always available to walk you through your case, each and every step of the way!

If you or a loved one are in need of the best personal injury attorney Las Vegas has to offer, contact Craig P. Kenny & Associates for a free injury case evaluation. (702) 380-2800

Call Our Workplace Accident Attorneys

Craig P. Kenny & Associates in Las Vegas, NV, can be reached at 702-380-2800. Our workplace accident attorneys are ready to help you.

Our Reviews

Hayley Price is a knowledgeable and experienced attorney. Hayley made me feel like I was her only client; she gave me great advise and was ready to fight to resolve my case. I will without question refer Hayley to family and friends.

Thanks again Hayley – Anthony P.

These guys are great. Very efficient and handled what I needed very professionally. Highly recommended. – Autumn W.

A friend recommended I call them for my speeding ticket. The lady informed me since it was my first offense Las Vegas Municipal Court was already offering ticket reduction, no traffic school, and no points as long as I pleaded no contest and paid online. She could’ve easily gotten me for my $50 and I wouldve never known! She even walked me through the whole process online. I wish I could give this place 10 stars. – Amanda G.

They were super helpful I went to them when I got into a car accident they took care of everything and immediately set up an appointment to see some doctors super friendly staff. Car accidents can be super stressful and they made me feel welcomed and cared for. 10/10 would definitely recommend. Hopefully I have no more car accidents but if I do they’re my people to go to. – Rachell M.

I'm writing this review on behalf of my husband who was involved in a car accident with a drunk driver while he was coming home from work in a middle of the night. Because of the personal injuries and the car damage we contacted Craig P. Kenny & Associates. Lawrence E Mittin and his team were very committed in making the whole process so much easier for my husband who needed to see several doctors because of the injuries. In the end, my husband received a very nice settlement. Thank you for all the work Lawrence E Mittin! We will recommend this law firm to anyone in need. – Ioana R.

Paul Kirst with Craig P Kenny & Associates is an efficient, trustworthy personal injury lawyer who gets results! He recently handled a traffic violation for me smoothly and with exceptional results, even in the midst of common quarantine close-down challenges. I had the opportunity to interact with him during the process and enjoyed his tension-reducing humor, and appreciated his knowledge and understanding of the law and related court systems. Paul kept me updated through the process, explaining both the how's and the why's. His office was communicative and followed up faithfully by email and phone. They even sent reminders regarding the final court processing fees and deadline. The five star way that Paul resolved a small legal matter confirmed that I will return to his care should I need a top notch personal injury lawyer for a large matter. Thank you, Paul! – Teri A.

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WHAT TO DO AND WHAT NOT TO DO WHEN IN A CAR ACCIDENT

By Jimmy Howard, Esq. • July 1, 2024

Every car accident happens fast and unexpectedly. The immediate moments after a car accident are adrenaline-fueled chaos. You may be in significant pain. Because of this, it is best to have a plan for what to do if a car accident happens before it happens. 1. Call the police immediately. Many times the at-fault driver will tell you, 'Let's not involve the police'. The at-fault driver might even offer you some cash right on the spot or offer to get your car fixed themselves if you do not call the police. Do not listen to the other person. The police will document what happened, and they will gather and exchange the necessary information among the drivers. But even if you have called the police... 2. Get information, especially regarding the other driver and their insurance. Even if you have called the police, collect all the information at the scene you can, especially regarding the other driver. Ask to take a picture of their driver's license and proof of insurance. The insurance information is critical to making a claim to get repairs or pay for medical expenses. Take pictures of their car, both the damage to it and the license plate. Take photos of your car, particularly the damage to it. Ask for the driver's address and/or phone number. Ask for witnesses' names and phone numbers or a business card. If you have called the police, you might think, well the police will get all that information, and that is true. But, what if the other driver just decides to flee before the police arrive? It happens. 3. Get medical treatment for your injuries as soon as possible. Commonly people feel pain after an accident but think it will heal on its own if they don't have an obvious serious injury, like a broken bone. Then after a few weeks of the pain not going away, they decide to seek care. The other driver's insurance company will call this a gap in treatment and argue you must not have been that injured if you waited so long to get treatment. Or, they may say you hurt yourself doing something else but want to blame it on the accident. These can be strong arguments against your case, particularly the longer you go between the accident and getting treatment. Get checked out as soon as possible after an accident if you are feeling any pain. 4. Call Craig P. Kenny & Associates and speak with an attorney as soon as possible. Our law firm has been helping Nevada car accident victims for almost 30 years. Our attorneys and staff have traveled the road of a car accident's aftermath every day for those 30 years. We are aware of laws, pitfalls, and windfalls that most people would not know. Just a few examples: Did you know there can be several layers of insurance available to pay for your medical treatment and pain and suffering after a car accident? Does it make a difference if the other driver was arrested for driving under the influence? What if you are working when you are in a car accident? Do you have a workers' compensation claim, a car accident claim, or both? What if the other driver's insurance company refuses your claim and you have to file a lawsuit? At Craig P. Kenny & Associates, we have dealt with all of these situations many times over many years. 5. Do not talk to or give statements to the other driver's insurance company. The other driver's insurance company has a legal obligation to protect their insured. When they take statements from you, they are trying to protect their insured and the insurance company's money. They are not acting as your friend. If you hire Craig P. Kenny & Associates, we will talk to the other driver's insurance company for you. We know what to ask, what to say, and what not to say. 6. Do not attempt to negotiate a quick settlement with the insurance company. This is what the other driver's insurance company wants you to do. Sign away all your future rights for a pittance. If it turns out that you have a hidden injury like a herniated disc in your spine that will cause you pain for the rest of your life and might require surgery, it is too late if you take their money and sign their paperwork. You released all claims, even if you did not know about the injuries at the time. The law does allow you to back out of such a deal for a short period of time. But, you have to revoke the deal in writing and send back the money quickly. Please have a plan of what to do if you are in a car accident before you are in a car accident. Make part of that plan to call Craig P. Kenny & Associates, where clients are treated with honesty and sincerity.

WHO WILL BAIL YOU OUT?

By Senator Melanie Scheible, Esq. • June 3, 2024

Understanding what bail is and how it works can be incredibly difficult and stressful when someone gets arrested. The concept of posting bail to get out of jail dates back centuries and has changed over time in the United States and Nevada. In its simplest form, bail is a refundable deposit that a person pays to get out of jail and gets back when they come to court. Have you ever test-driven a car without a salesperson? You may have been asked to leave your driver’s license or credit card with the salesperson before they handed you the keys to the car. The idea is that the dealership expects that your license or credit card is so valuable to you that you will come back for it, rather than abscond with their vehicle. The same is true of bail. The idea is that once someone pays the bail amount to the jail, they will want it back enough to come to their next court date. The purpose of bail -- to ensure a person’s return to court – has expanded to also include adding conditions of release that ensure the safety of the community. In Nevada, Judges are legally required to impose the “least restrictive means” necessary to ensure 1) the person will return to court and 2) the safety of the community. Posting a monetary bail is just one of many possible conditions of release. When someone is arrested in Nevada, they are entitled to a hearing on their custody status within 48 hours. That hearing is an opportunity for the person arrested, their attorney, the prosecutor, and the judge to review the facts of the case known at the time as well as the person’s criminal history. At this hearing, the attorneys may agree on release conditions, or they may each argue their position and the judge will decide. For example, one or both attorneys might suggest that the person be released on house arrest, or be released with a requirement for drug testing. Many people who are arrested on misdemeanor charges, like Driving Under the Influence, are released without a hearing and in less than 48 hours. Someone can also be released from jail in less than 48 hours by posting bail before the hearing. If your loved one has been arrested, you may be trying to decide whether to post bail or wait. Every case is different and the right decision varies for different families. What is important to remember is that if it has been less than 48 hours since your loved one’s arrest, the bail amount or release conditions may still change. An attorney cannot make any promises or guarantees about what will happen in your loved one’s case, but a good, local attorney can tell you what their experience has been in similar cases. Knowing what an experienced attorney has seen happen in similar cases, may help you make the right decision in your situation. Increasingly, courts across the country are moving away from monetary bail. Some courts are implementing robust reminder systems that automatically send emails or text messages reminding people about their court dates. Other courts have extensive monitoring programs that utilize technology like house arrest ankle bracelets, phone GPS, and fingerprint scanning to keep routine contact with people facing criminal charges. Some courts are offering people the choice between submitting to monitoring and posting a monetary bail. All of these policy choices are a crucial part of our justice system, which entitles everyone to be presumed innocent until proven guilty. If you, a friend, or a loved one has been arrested, please call me at 702-380-2800 for a free consultation.

Contact Information

Phone: 702-380-2800

Toll Free: (888) 275-3369

Fax: (702) 380-2833

Email: ckenny@cpklaw.com

Address: 501 S. 8th St., Las Vegas, NV 89101

Business Hours

Mon - Fri: 8:30 am - 5:00 pm