Battle Born Injury Lawyers | January 31, 2023 | Workers’ Compensation
If you were hurt while on the job, you probably have a lot of questions. You may have heard of a personal injury case and a worker’s compensation claim, but perhaps you don’t understand the differences. In fact, you may not know what applies in your situation.
It is essential to understand the difference to make sure you are pursuing the appropriate legal action and getting the best outcome in your case.
What Is a Workers’ Compensation Claim?
A worker’s compensation claim is an insurance claim. Under Nevada law, employers are required to carry worker’s compensation insurance if they have one or more employees. When an employee is injured while working on the job, the insurance company will pay for the damages while protecting the employer from further litigation.
Process for Filing
In Nevada, you must file a worker’s compensation claim soon after getting hurt. You should immediately notify your employer, who will give you form C-1 to fill out. Then you will be directed to receive medical treatment.
The claim begins once you and your doctor fill out form C-4 and submit it to your employer and its insurance company. You must seek medical treatment within 90 days of being injured or experiencing the onset of symptoms.
After submitting form C-4, the insurance company has 30 days to accept or reject your worker’s compensation claim. Usually, they will send you and your employer a letter outlining their position on the claim.
No-Fault Legal Standard
One major difference between a worker’s compensation claim and a personal injury lawsuit is that worker’s compensation claims in Nevada have a no-fault legal standard. The injured employee only needs to prove that they were injured within the scope of their employment. They do not need to prove that the employer was negligent or contributed to the injury.
If you are awarded damages in a worker’s compensation claim, they will look different than damages in a personal injury claim. The insurance company will award damages depending on the type of benefit claimed. The types of benefits include:
- Temporary Total Disability: for lost wages during the time you were unable to work
- Permanent Partial Disability: for a permanent injury that affects your future earning capacity
- Vocational Rehabilitation: for job retraining, if you can no longer perform your original job
- Mileage Reimbursement: for travel more than 20 miles to a medical provider
- Death Benefits: for spouses and dependents of a deceased employee
Unlike in personal injury cases, you cannot claim punitive damages or non-economic damages, like pain and suffering.
What Is a Personal Injury Claim?
A personal injury claim refers to a lawsuit or insurance claim filed against a particular person or entity. A personal injury claim is broader than a worker’s compensation claim because it includes injuries that don’t happen at work, like those caused by a car accident, dog bite, or slip and fall.
In some scenarios, you may be able to file both a workers’ compensation claim as well as a personal injury claim – in the event that a third party is responsible for your workplace accident. For instance, if you were involved in a car accident as a delivery driver, you might be able to receive workers’ comp benefits as well as damages from filing a claim against that driver.
Process for Filing
Depending on the situation, you might file a personal injury claim against the at-fault party in a court of law in the form of a lawsuit. In some scenarios, such as after a car accident, you might file a claim against the at-fault driver’s insurance carrier.
In either event, you have 2 years from the date of an accident to file your claim or lawsuit in most cases (there are exceptions, however). To file the lawsuit, your attorney will file a complaint with the court. This will put the other party on notice of the allegations and basis for the lawsuit.
Fault Legal Standard
Nevada courts apply a negligence standard to most, but not all, personal injury cases. That means you must prove fault. Nevada residents owe a duty of care to those around us, including acting reasonably to prevent injury to others. To prevail in your case, you will need to prove:
- The defendant had a duty of reasonable care
- The defendant breached that duty
- The breach caused your injury
- You suffered damages
If you can prove this, then you will win your lawsuit and get damages.
In a personal injury case, you can recover economic, non-economic, and punitive damages.
Instead of only recovering economic damages (like those for medical bills and lost wages) you can also recover non-monetary damages such as:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Physical impairment
Furthermore, in Nevada, you may ask for punitive damages if you prove that the defendant acted maliciously or fraudulently.
Personal Injury & Workers Compensation Lawyer in Reno, Nevada
If you need a lawyer to help with your workplace accident or personal injury case in Reno, NV, call Battle Born Injury Lawyers for a free consultation. We understand the difference between these two claims and are ready to get you the life-changing compensation you need.
Contact the Reno Workers Compensation Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Reno and you need legal assistance, contact our workers compensation attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.
Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
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10789 W Twain Ave #100
Las Vegas, NV 89135
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8540 S Eastern Ave #200
Henderson, NV 89123