How to File a Workers' Compensation Claim in Nevada

Learn how to get benefits for your work-related injury.

In Nevada, you should receive workers’ compensation benefits when you suffer a workplace injury or occupational illness. Benefits include medical treatment, compensation for wage loss, and other financial assistance. To collect benefits, you must notify your employer, seek medical treatment, and file a timely claim. If you fail to follow the correct claims procedures, you may lose your right to workers’ compensation.

How Does the Nevada Workers’ Compensation System Work?

The  Nevada Division of Industrial Relations  oversees all workers’ comp claims in the state; however, it does not process initial claims for benefits. Instead, an insurance company or claims administrator will evaluate your claim. In Nevada, most employers must have workers’ compensation coverage—either by purchasing a workers’ comp policy from a private insurance company or receiving certification from the state to self-insure. (In general, only large, financially stable employers will qualify to self-insure.)

Unlike with a personal injury lawsuit, workers’ compensation is a no-fault system. You do not need to show that your employer acted carelessly in order to receive benefits. As long as your injury happened on the job or was caused by your work activities, you will typically be eligible for benefits.

However, in exchange for this no-fault system, workers are only entitled to specific benefits. You cannot receive compensation for your pain and suffering in a workers’ compensation claim. However, you may receive:

  • payments for wage loss
  • compensation for permanent disabilities (based on an impairment rating assigned by your doctor)
  • reasonable and necessary medical care
  • vocational rehabilitation (education and other help finding new work), and
  • death benefits.
For more information about these benefits, see our  Workers' Compensation Benefits page.

How Do I Report an Injury?

Notifying your employer is the first step to starting a workers’ compensation claim. In Nevada, you must report your injury within seven days. If you miss this deadline, you may lose some or all of your benefits.

Once you report an injury, you and your employer should complete a Notice of Occupational Injury or Disease form (Form C-1). Your incident report must include:

  • the date and time of your accident
  • the location of the accident
  • how you hurt yourself
  • what symptoms you are experiencing, and
  • the names of any witnesses.

You should receive a copy of your incident report, and your employer must retain its copy for three years. When completing your report, be as accurate as possible. Incident reports are frequently used as evidence in disputed claims, and any inconsistencies may be used against you.

How Do I File a Workers’ Compensation Claim?

In Nevada, reporting an injury does not officially start your workers’ compensation claim. You must also file an Employee’s Claim for Compensation (Form C-4) with your employer’s insurance company within 90 days of your injury. This form must be filled out by you and your treating doctor. Your treating doctor should submit the completed form to the insurance company and provide you with a copy.

What Happens After I File a Claim?

Once it has received your claim, the insurance company will perform and investigation and determine your eligibility for benefits. This may involve:

  • reviewing your medical records
  • analyzing your work experience, education, and wages
  • ordering a medical examination to assess your condition, and
  • sending you for a functional capacity evaluation (an assessment of your ability to perform work duties).

Under Nevada law, the insurance company must either approve or deny your workers’ compensation benefits within 30 days of receiving your claim. If your claim is approved, you will start receiving disability payments and other benefits. Unfortunately, insurance companies deny many workers’ compensation claims.

Appealing a Denied Workers’ Compensation Claim

If your claim is denied, you have the right to appeal. To begin the process, you must file a  Request for Hearing  with the Division of Industrial Relations within 70 days of your denial of benefits. Unless your claim is very simple, you should consider hiring a workers’ compensation lawyer. The insurance company will have a lawyer, and you may be at a disadvantage if you proceed without an attorney. To learn more, see  Should I Hire a Workers' Comp Attorney or Can I Handle My Own Case?

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