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Workers’ Compensation Law 101

In the often complicated world of workers’ compensation law, employers’, insurers, and injured workers all have parts to play, and each may be significant in a workers’ compensation claim.

Nevada employers, defined as “every person, firm, voluntary association and private corporation,…which has in service every person under a contract of hire,” may challenge either their own employee with respect to the nature and extent of the reported injury or occupational disease, including the need for particular treatment or surgery, or even with respect to claimants continuing ability to perform their pre-injury job. Employers may also challenge their own insurer/third party administrator. (See NRS 616A.230 and NRS 616C generally)

However, from our experience, it is clear that most Nevada employers are not aware of their rights and obligations under the statutes that govern workers compensation law and workers compensation litigation in Nevada. (See Chapters 616 of the NRS and Chapter 616C in particular)

Thus, Nevada employers of one or more employees need to know that, like injured workers and workers’ compensation insurers, they have a right to appeal insurer and medical providers decisions.  They are also entitled to bring counsel on such appeals, and can even challenge their own workers’ compensation insurer if they believe a particular case or situation is not correctly administrated.

Many employers ignore their rights at their peril.  Workers compensation continues to be an expensive cost of doing business and if you are not carefully monitoring your open claims, you are almost certainly wasting money and effort.

Michael J. Ryan, Esq.

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