Author Archives: The Law Firm of Herb Santos, Jr.
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 »
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 »
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 »
“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 »
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 »
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 »
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 »
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 »
So you are going about your day and you are lifting a box when you feel a tweek in your low back. The pain is slight at first so you continue to work, hoping that it will go away. By the end of the day you are sore but you have been sore before…. Read More »
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