At the Law Office of Kathleen A. Sigurdson, Esq., in Reno, Nevada, we have experience representing individuals with workers' compensation (also known as "workman's compensation" or "work comp") claims that you need. Our clients include persons filing initial claims as well as individuals whose benefits have been wrongfully denied. We advise workers' compensation claimants throughout Northern Nevada.

The following are some questions and answers you may have regarding consulting with an attorney:

Typically, the nature and severity of an injury, combined with the level of interference with an employee's ability to work, will determine the extent of workers' compensation benefits. However, disputes may arise over the extent of injuries, how they were incurred, appropriate medical care and how much they interfere with work. Often, many people who desperately need workers' compensation benefits are mistakenly denied, or have their benefits cut-off. We can help

When you have been injured on the job, you MUST do the following things:

1. Report your injury to your employer. The law states you have SEVEN (7) days to report your injury. Please, do not wait. Report your injury to your employer immediately. Make the report in writing and keep a copy of the report yourself.

2. You must obtain medical attention from a physician. Do this right away. The law gives you 90 days to go to the doctor, but do not wait. The longer you wait, the harder it will be to show the insurance company your medical problems were caused by your work.

3. The insurance company has 30 days to tell you if they are accepting your injury or denying your claim. When you get the letter accepting your claim, make sure they have listed all the body parts that were injured at work. If they are not on this acceptance letter, they are not part of your claim.

4. If the insurance company has denied your claim, you MUST file a Request for Hearing within 70 days of the date of the letter. If you miss this deadline, your claim is lost and you cannot seek medical care or compensation under this claim. Of course, there are a few exceptions, but, always do your best to comply. The exceptions are extremely hard to prove.

5. Anytime you get a determination letter from the insurance company on any issue in your claim/case and you disagree with their determination, you only have 70 days to file a Request for Hearing.

6. There are two levels of appeals in the Worker's Compensation arena.

a. First, there is a Hearing's Officer hearing. Each party has the opportunity to tell the Hearing's Officer why they should get what they are asking for. If you lose or if the insurance company loses, there is another administrative level of appeal available.

b. Second level is the Appeal's Officer hearing. This is a more formal proceeding. The Appeal's Officer is a Judge who renders a final decision. You will get sworn in and anything you say will be under oath. Everything anyone says will be recorded. The Appeal's Officer will hear the testimony, evidence and will render a Decision.

c. You do have appeal rights to the District Court or Nevada Supreme Court, but you must discuss this at length with your attorney to decide if it is worth taking to the next level. There are very specific legal standards that would apply and these need to be carefully reviewed.

7. It is important to remember, Nevada is a no fault state when it comes to injuries on the job. This means, it doesn't matter if you were negligent or if your employer was negligent and the result was your injury. So long as you were not using illegal drugs or under the influence of alcohol at the time of the injury, your claim will be accepted.

8. Remember, each case is different and there is no guarantee. The facts and circumstances of your case will determine the outcome and the amount of you recovery. Often, people talk to friends and neighbors who will tell them how to go about their worker's compensation case. If this is happening to you, you should consult with a qualified attorney to help you with your claim.

9. If you think you need help with your case, please call an experienced and reputable attorney, such as Kathleen A. Sigurdson, Esq., to assist you with your case.

10. If you were injured due to faulty machinery, call an attorney IMMEDIATELY. The piece of machinery that caused the injury will need to be examined promptly after the accident by your representative.

Contact Us for a personal consultation.