Author Archives: The Law Firm of Herb Santos, Jr.
TEN STEPS TO ENSURE THAT THE VOCATIONAL REHABILITATION PLAN IS VIABLE.
One of the benefits available to injured workers in Nevada is vocational rehabilitation. This benefit comes into play when an injured worker is unable to return to the pre-injury job due to the industrial, permanent physical restrictions and the employer is unable to provide a permanent light duty job within those restrictions. It is… Read More »
Trial Lawyers Care Annual Holiday Toy Drive!
The Law Firm of Herb Santos, Jr. is proud to be teaming up with the Nevada Justice Association. This holiday season we are collecting toys for local charities including FEAT (Families for Effective Autism Treatment) and Ashlee’s Toy Closet. We invite you to make a kid’s holiday special and donate a toy today! Drop off new, unwrapped toys…. Read More »
If Your Work Injury Prevents You From Returning To Your Job, You May Be Eligible For Retraining
If your work injury prevents you from being able to return to your job, you may be eligible for vocational rehabilitation benefits. Eligibility is determined after a written assessment is completed by a vocational rehabilitation counselor. The written assessment must evaluate the injured employee’s ability or potential to return to the position the employee… Read More »
COVID-19 AND THE WORKPLACE
I have received numerous questions from various people on what one should do if you think you have been exposed to COVID-19 at work. Under some situations, it may be covered under Nevada workers’ compensation laws. If an injured worker believes that he or she may have been exposed to COVID-19, I would suggest… Read More »
DEFENSIVE DRIVING ON THE HIGHWAY
For the past 29 years, I have represented many people who have been seriously hurt in highway accidents. Many of them were involved in accidents with big rig trucks. It is imperative to be a defensive driver whenever you are driving on the highway. I urge you to remember safety rules of the road… Read More »
WHY WE NEED TO FIGHT TO PROTECT THE 7TH AMENDMENT. By Herb Santos, Jr.
“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” – The 7th Amendment… Read More »
IF MY CONDITION GETS WORSE, CAN I GET FUTURE MEDICAL TREATMENT FOR MY WORK INJURY?
One of the most valuable benefits for the injured worker in Nevada is the lifetime re-opening right. After a claim closes, an injured worker may be able to re-open the claim in the future. However, the process is difficult. The fact that the industrial condition hurts more is not enough to get a claim… Read More »
WHAT TYPE OF BENEFITS AM I ENTITLED TO RECEIVE IF I AM HURT ON THE JOB?
There isn’t a day that goes by where I don’t discuss workers’ compensation benefits with both clients and potential clients. In Nevada, when an employee suffers a work related injury, workers’ compensation benefits is the exclusive remedy. There are only two situations where the injured worker can elect to sue the employer. The first… Read More »
WHEN IS AN EMPLOYEE WITHIN THE COURSE AND SCOPE OF EMPLOYMENT
This is an issue which comes up almost every day in my practice. Insurance companies will look at any way to find that an injured worker was not in the “course and scope of employment” when the accident occurred. When looking at whether an injury occurred in the course of employment, we look at… Read More »
THE SUPREME COURT EXPANDS COVERAGE FOR THE TRAVELING EMPLOYEE
If you travel for work, you will find great interest in a recent Nevada Supreme Court case regarding the traveling employee. In Buma v. Providence, 135 Nev. Adv. Op. 60 (2019), the Court not only analyzed the issues surrounding the traveling employee, but they expanded the coverage available to them and essentially confirmed rules… Read More »