A disability is defined as “a physical or mental handicap, especially one that prevents a person from living a full, normal life or from holding a gainful job.” This state of being, when encountered as a result of an on the job injury, is covered by your workers’ compensation benefits. By law, Las Vegas employers are required to pay and carry workers compensation insurance. In cases where an at-work injury is so severe that is causes a disability, the employee who was hurt may be eligible for these specific benefits.
At Bertoldo, Baker, Carter and Smith, we understand that it is not your employer’s position to deny a claim, although they will have specific guidelines that must be followed to entertain disability payments going forward. The insurance company and its representatives, including its legal staff, will do everything in their power to represent their own best interests regarding your claim. This is why it is important to contact our veteran workers’ compensation claim attorneys as soon as an accident occurs, so no stone is left unturned in the request for benefits filing.
How Does the Claims Filing Process Work?
Immediately upon suffering an accident in the workplace, the employer should be notified directly. The required accident claim should be readily available, and must be filled out within seven days of the accident or diagnosis occurrence to be valid for submission.
Secondly, medical treatment should be sought immediately so that all physical or emotional injuries are attended to right away and diagnosed accordingly. The physician who handles your initial treatment will need to fill out a “Claim for Compensation” (Form C-4) and mail it to the proper location within three business days. This form must be filed within 90 days of the accident to start the proper claims process.
If your employer is contracted with an Organization for Managed Care (MCO) or Preferred Provider Organization (PPO), you will be asked to select a doctor from a list provided by the workers’ compensation insurance company. If no mandate or association is in place, you may choice a physician on your own.
Who Qualifies for Disability Benefits?
Workers’ Compensation disability claims can be filed for injuries that are temporary or permanent, with the real preclusion being the individual’s ability to work. There are several types of disability benefits that are considered when an individual is injured at work. These benefits include temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD) and permanent total disability (PTD).
The types of disability benefits that are awarded to an injured worker will depend on several factors, including, but not limited to:
- The type of injury and its severity
- The length of time an individual will be absent from work (ranging from five business days to permanent leave)
- The wage differential, if any, upon re-employment
- The total wages received
- The age of the worker/patient
Retaining a Seasoned Las Vegas Workers’ Compensation Attorney
The red tape that aligns workers’ compensation disability claims can be overwhelming. In addition to dealing with a debilitating injury, the communication process that is combined with the forms, regulations, and procedures can be mind boggling.