Unfortunately, work injuries happen. Worker’s compensation laws require your employer to carry workers compensation insurance in the event of an accident.

These laws are designed solely to protect workers who are injured on the job. They are meant to help injured workers and their families maintain an adequate standard of living despite the disability or death of the worker.

However, your employer may not inform you of all of your rights. The insurance company is strictly concerned with minimizing the cost of your claim. If you or someone you love has been injured in a work-related accident, Edward M. Bernstein & Associates can help:

  • Get you all the benefits you are legally entitled to.
  • Gather all necessary information required to file your worker’s compensation claim.
  • Review any and all prior actions taken by the worker’s compensation insurance company and their company’s doctor.

If you’ve been injured on the job, even if you have already been rated, you need to call Edward M. Bernstein & Associates for a free review.

Fill out the online request or call our office at 702-240-0000.

Our attorneys understand the ins and outs of the Nevada workers compensation legal system. We realize a work injury can put stress on you and your family. You can rest easier knowing your case is being handled in the best possible manner.

If you've suffered a work injury, you will undoubtedly have important questions, such as:

Do I have a Nevada workers compensation case?

You need to provide for your family. We understand that. Since each work injury is unique, the absolute best way to find out if you are eligible to collect benefits is to contact us for a free legal evaluation. Our experienced attorneys can make sure that your claim is filed within the proper time frame and that you're getting all of the benefits you deserve. Even if you've applied for benefits and have been turned down, contact our workers compensation law firm today. We can help you get the benefits you need.

Why shouldn't I handle my workers compensation claim without an attorney?

Nevada workers compensation is a complex legal system from start to finish. That's one reason why you need experienced attorneys on your side - to help you understand the system. We make sure you are getting the best possible benefits and payments from the workers compensation system.

An attorney can help you in many other situations as well, including:

-Is the insurance company threatening to stop or reduce your checks?

-Have you been told you can go back to work but you know you're not ready? Has your employer offered you a modified or light-duty job but you feel you're still too injured to work? Your attorney can fight for additional benefits and time off from work.

-Was your work injury due to a defect in a product or machinery? You may be eligible for additional compensation.

If you answered 'YES' to any of these questions, you need to speak to our Nevada workers compensation law firm immediately. Your workers compensation benefits could be reduced or terminated. Contact us today.

How much is it going to cost me if I contact your attorneys?

The last thing you need is another bill. That's why it's 100% free to consult with our law firm about your eligibility to collect Nevada workers compensation benefits. We won't charge you a fee unless we get money for you. It's that simple.

You are never obligated to use our services, and if we don't think you need an attorney, we will tell you so.
If you choose to hire our attorneys, we may advance all of the expenses and costs of handling your Nevada workers compensation claim. We don't get paid unless, and until, we get money for you. This arrangement is called a "contingency fee." Your attorney will tell you upfront what our percentage will be so there are no surprises.

More Frequently Asked Questions from the Nevada State Business Website: http://dirweb.state.nv.us/WCS/employer.htm

What is workers' compensation?
Workers' compensation is a no-fault insurance program in the State of Nevada, which provides benefits to
employees who are injured on the job and protection to employers who have provided coverage at the time of
injury.

Is there a waiting period for workers' compensation coverage?
No. From the moment they are hired, employees are covered by the applicable statutes and regulations of
Nevada Revised Statutes and Nevada Administrative Code 616 and 617 and must be insured by their
employers.

Does an out-of-state company have to provide Nevada workers' compensation insurance?
It depends on many conditions. NRS 616B.600 describes in detail the exemptions and requirements of out-ofstate
employers with workers in Nevada.

Are sole proprietors required to have workers' compensation insurance?
Although a sole proprietor having no employees is not required to maintain workers' compensation insurance
on himself/herself, the sole proprietor may elect to secure coverage for himself/herself. However, if there are
any employees working for the sole proprietor, then the sole proprietor must maintain workers' compensation
insurance on them. In addition, sole proprietors who are contractors as defined in NRS 624.020, operating
within the scope of their license, must secure coverage.

How do I report workers' comp fraud?
The Attorney General's Workers' Compensation Fraud Unit investigates allegations related to claimant,
employer, and provider fraud on behalf of the state and self-insured employers. This unit is also generally
responsible for the investigation of any fraud related to the administration of workers' compensation. Report
suspected fraud to the AG Fraud Hotline: 1-800-266-8688. More information for detecting possible fraud is
available on their Web site at:
http://ag.state.nv.us/org/bcj/wcfu/wcfu.htm

How do I verify an employer's worker's comp coverage?
DIR/WCS's Coverage Verification Service (CVS) can help users verify workers' compensation coverage of
employers who have policies with private carriers. CVS searches can indicate policy coverage status on current
and past dates. http:dirweb.state.nv.us/WCS/cvs.htm
Note: CVS will not display self-insured employers. A listing of self-insured employers is available on the
Division of Insurance Web site: http://www.doi.state.nv.us/

Where can an employer go if no insurance company will issue them a policy?
The National Council on Compensation Insurance, Inc. Web site lists residual market insurers who agree to
provide coverage for difficult to insure businesses:
http://www.ncci.com/NCCI/Article.aspx?cat=rm1&id=aac&articleUrl=web/news/infostop/residual/rmadmin.ht
m

Do I have the right to reopen my claim in the future?
NRS 616C.390 details the requirements, procedure and limitations of claim reopening. Also, the Nevada
Attorney for Injured Workers has compiled helpful suggestions for claim reopening:
http://naiw.nv.gov/reopen.htm

Must an injured worker accept the offer of a light duty job?
An injured worker who rejects a light duty offer made in accordance with NRS 616C.475 and NAC 616C.583
risks the discontinuation of temporary total disability compensation.

How is an injured employee's average monthly wage determined?
NACs 616C.420 - 616C.447, inclusive, provides details on all aspects of average monthly wage definition and
calculation.

Are there maximum and minimum levels of compensation?
Maximum disability compensation in Nevada is 66-2/3 percent of the average monthly wage (NRS 616A.065
and 616C.475). For FY 2009 (July 1, 2008 - June 30, 2009), the maximum considered wage for this calculation
is $5,116.24, which after multiplying by 66 2/3% yields a maximum monthly disability compensation of
$3,410.82. There is no minimum payment for disability; however, NRS 616A.120 - 616A.205, inclusive,
specify deemed wages for various types of volunteers, job trainees, county board members and others.

How are dispute procedures started?
A claimant may contest an insurer's or self-insured employer's determination in accordance with the provisions
of NRS 616C.305 and 616C.315 to 616C.385, inclusive.

Are illegal immigrant workers covered under Nevada's workers' comp statutes?
Yes. According to NRS 616A.105, "employee and workman are used interchangeably ... and mean every
person in service of an employer ... whether lawfully or unlawfully employed" including "aliens."

What will happen to an employer who fails to obtain or maintain workers' compensation
insurance?
The Division of Industrial Relations, Workers' Compensation Section (WCS) is responsible for ensuring that all
employers are in compliance with the law. Employers who do not provide workers' compensation will be
charged with an administrative fine up to $15,000; appropriate premium penalties; may be ordered to close
business until insurance has been obtained; and will be held financially responsible for all costs arising from a
work-related injury. In addition, the uninsured employer may be subject to a criminal penalty for claims
resulting in substantial bodily harm or death. (NRS 616D.200 & NAC 616D.345)

Who can provide workers' compensation coverage in Nevada?
Employers may purchase insurance from a private carrier licensed in Nevada or be certified by the Division of
Insurance (DOI) as a self-insured employer or a member of an association of self-insured public or private
employers. Private carriers currently utilize competitive premium rates which allow them to deviate on the
expense portion of the premiums. This rate must be filed with the DOI 15 days before if is effective and can be
disapproved. Contact DOI for more information: Carson City (775) 687-4270; Las Vegas (702) 486-4009.

What protection is provided for the employer?
Because Nevada has "exclusive remedy," the injured workers' benefits are set forth in the statutes. Employers
who provide coverage for their employees at the time of injury are protected from any additional damages
claimed by their employees as a result of an injury on the job. This protection is established when the injured
employee opts to receive workers' compensation benefits.

How do the Subsequent Injury Accounts benefit employers?
The Subsequent Injury Accounts encourage employers to hire workers with a permanent physical impairment.
The costs of any qualified subsequent injury are paid from the appropriate subsequent injury account. (NRS
616B.545 - 590) Contact Jacque Everhart at (702) 486-9089 or everhart@business.nv.gov for more
information.

Which employers are required to provide workers' compensation insurance?
Unless excluded by statute, it is mandatory for an employer who has one or more employees to provide
workers' compensation insurance coverage. Some employees are excluded by NRS 616A.110 due to unique
criteria. Employment exempt from workers' compensation insurance coverage requirements includes:
• Employment related to those interstate commerce entities that are not subject to the legislative power of the
state of Nevada.
• Employment covered by private disability and death benefit plans which comprehend compensation payments
of equal or greater amounts than those provided in NRS 616 and which have been in effect for one year prior to
July 1, 1947;
• Employees who are brought into Nevada on a temporary basis and who are insured in another state if
extraterritorial coverage provisions are in effect with the other state.
Exception: the construction trades.
• Casual employment (employment lasting not more than 20 days and having a total labor cost of less than
$500) is exempt if employment is not in the course of trade, business, profession or occupation of the
employer.

CONSTRUCTION TRADES ARE REQUIRED TO HAVE WORKERS'
COMPENSATION INSURANCE.

What types of benefits may injured employees be entitled to?
Benefits may include:
• Medical treatment;
• Lost time compensation (TTD/TPD);
• Permanent Partial Disability (PPD);
• Permanent Total Disability (PTD);
• Vocational Rehabilitation;
• Dependent's payments in the event of death; and
• Other claims-related benefits or expenses (i.e., mileage)

What happens to my claim and my benefits if my employer changes insurance companies?
The date of injury determines which insurance company is responsible for your claim.
Benefits continue, if appropriate. In other words, claims that were covered before the employer changes his
coverage to a new or different insurer stay with the original insurer.
New claims with a date of injury that takes place after the employer has selected a new insurer will be handled
by the new insurance company.