What Is the Average Monthly Wage (AMW)? Key Details Explained
When you’re dealing with workers’ compensation claims in Nevada, there’s one major factor directly related to it – The Average Monthly Wage (AMW)! Whether you are receiving weekly checks or a final settlement, the AMW is the foundation. If this number is calculated incorrectly, every benefit you receive will be lower than it should be. […]
When Does My Work Comp Claim End? Understanding PPD in Nevada
One of the most common questions injured workers in Reno, NV ask is: “When my workers’ comp claim ends, will I get a settlement?” It’s a fair question. A person goes through a lot after an injury. You have to make doctor visits, undergo treatment, and take time away from work. It’s natural to wonder […]
Mastering Complex Workers’ Compensation Cases
Herb Santos Jr. recently headlined the “WC Completely Masterful Seminar” in Las Vegas. This event, a key part of the Richard A. Harris Series of Continuing Legal Education, showcased the intricate complexities of Workers’ Compensation cases. On December 8, 2023, esteemed legal professionals gathered at the Durango Station to delve into an intensive day of […]
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 important […]
Understanding Your Doctor Options After a Workers’ Compensation Claim
By Herb Santos, Jr., Esq. One of the first questions I receive from my clients is whether they can see any doctor they want for their industrial injury. Unfortunately, there are some attorneys who advertise that they can get you into any doctor. This is nothing more than a marketing ploy because […]
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 held […]
What to Do After COVID-19 Exposure: Legal Guidance
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 the […]
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 re-opened. […]
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 situation […]
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 whether […]