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Las Vegas Workers’ Compensation Attorney Andre Lagomarsino: Workers’ Compensation: Employees and Employers Are Required to Give Notice

It’s a regular day … or night. You get up; you go to work. You’re working hard, when the unthinkable happens – you’re injured while doing your job.

“Regardless of whether you caused the injury or the injury is due to the fault of your employer, with workers’ compensation, you can get lost compensation and reimbursement for your medical expenses,” explained Las Vegas Workers’ Compensation Attorney Andre Lagomarsino. “Workers’ compensation is essentially no-fault insurance for workplace injuries.”

To get the ball rolling, though, it is important that an employee notify his or her employer that he or she has been injured on the job. Furthermore, the employee should give notification to the employer as soon as medically possible after the injury occurs. “Basically, if getting medical treatment for your injury is your first and foremost concern, notifying your employer of your work place injury should be 1a,” said Attorney Lagomarsino, who has handled numerous workers’ compensation cases in Las Vegas and the state of Nevada.

Under Nevada statutes, an employee injured on the job should give notice of his or her injury to his or her employer within seven days of the injury. Form C-1 – Notice of Injury or Occupational Disease Incident Report is used to give notice and is submitted whether or not the employee required immediate medical treatment. After both the employee and employer sign Form C-1, the employer will give the employee a copy then keep a copy of the Form C-1 on file for three years. If an employer makes any effort to get the employee to suppress a questionable claim, under Provision 1 of Nevada Revised Statutes 616D.120, the employer can be fined $1,500 for an initial violation. Subsequent violations each carry a $15,000.00 fine.

An employee has 90 days from the date of the injury to seek medical treatment. If the employee does seek medical treatment, the employee and the health care provider will then fill out Form C-4 – Employee’s Claim for Compensation/Report of Initial Treatment. Both the employee and the health care provider will sign the form C-4.

Sometimes if the health care provider does not believe the employee’s injury or illness is work-related, the health care provider will not sign the Form C-4, believing his or her signature indicates the employee’s injury is work-related. However, this is incorrect. The health care provider’s signature just acknowledges the information within the form. Form C-4 provides a space for a health care provider to indicate if he or she feels the injury is not work-related.

Generally, a treating physician or chiropractor will file Form C-4 within 3 days of the start of treatment. A copy of the C-4 is given to the injured employee and the employer. After receiving the completed Form C-4, the employer has six working days to complete a copy of the Form C-3 – Employer’s Report of Industrial Injury or Occupational Disease and forward it to the insurer. The Form C-3 allows the employer to explain how he or she believes the injury or illness occurred and whether it was work-related.

The Las Vegas law office of Lagomarsino Law did not represent anyone involved in the above-referenced case. The commentary is for educational and commentary purposes only. If you would like to be represented by a Nevada attorney, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.