Hurt at Work in Las Vegas: What Happens Next

If you were hurt on the job in Nevada, the process that follows has a shape. Knowing the shape makes it much less frightening. Here is the plain version.

Report it, in writing, quickly

Tell your supervisor as soon as you can and make sure it is written down. Nevada has notice deadlines, and a verbal mention to a shift lead that nobody recorded is the most common way a good claim gets complicated.

You will be asked to complete a claim form. Fill it in yourself if you are able. Describe what happened and every body part that hurts, not just the worst one. A body part left off the form early can be difficult to add later.

Treatment and temporary benefits

You will be treated by a physician within the insurer's provider network. While you are unable to work, you may receive temporary disability benefits. This phase is about healing, and it can take a long time. That is normal and it is not a sign anything is wrong with your claim.

The turning point: permanent restrictions

At some point your physician decides you have recovered as far as you are going to. If you are left with permanent restrictions, limits on what you can lift, how long you can stand, whether you can climb or kneel, and those restrictions mean you cannot go back to the job you were doing, that is when vocational rehabilitation enters the picture.

This is the point where someone like us is assigned to your file.

What vocational rehabilitation is

It is help getting back to work at a wage close to what you were earning. Nevada law sets an order of preference under NRS 616C.530, starting with the most straightforward option and moving on only if it will not work.

• Your same job with your same employer.
• A modified version of your job with your same employer.
• A different job with your same employer.
• A job with a different employer using skills you already have.
• Retraining for a new line of work.

You will meet a counselor

A vocational counselor interviews you about your work history, education and what you can and cannot do now. That interview becomes a written assessment, required under NRS 616C.550, which states whether you are eligible for vocational rehabilitation services.

Bring your work history, any certificates or licenses, and a clear account of what your old job physically required. If English is not your first language, you are entitled to be interviewed in the language you actually think in. Every counselor in our office works in English and Spanish.

Then a plan

If you are eligible, you and your counselor build a written plan. It might be job placement using skills you already have, on-the-job training with an employer, or classroom retraining. How long the plan can run depends on the severity of your permanent disability. The goal is to get you back toward what you were earning before, not merely back to any job at all.

Two things worth knowing

You may be offered a lump sum instead of a program. That is a real option under Nevada law. It is the right choice for some people and the wrong choice for others. Think hard before trading a retraining program for a cheque, particularly if you do not have skills that transfer easily.

You can disagree. If you believe the assessment is wrong about what you can do, say so, in writing, and say why. There is a process for it.

This is general information about the Nevada workers' compensation process, not legal advice. For advice about your own claim, speak with an attorney.