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Workers’ Compensation Attorney Reno, NV

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Serving Reno, Sparks, Carson City, and Surrounding Areas

If you’re injured on the job, you need a workers’ comp attorney Reno team who knows how to navigate workers’ compensation cases to get the financial compensation you deserve. When you need a workers’ compensation lawyer in Reno, contact The Law Firm of Herb Santos, Jr., for professional and reliable services. We serve Reno, NV; Sparks, NV; Carson City, NV; and surrounding areas.

I receive a lot of questions regarding workers’ compensation in Nevada. The following are several rules that every claimant should have some understanding of. Also, the forms shown on this page are important forms that you should be aware of: the C-1, Notice of Injury, the C-4, Notice of Claim, and the Wage Calculation Sheet. If you are hurt on the job, give me a call to go over these rules and forms to see how they apply in your particular case.

Workers’ Compensation Injury Reporting and Claim Forms

Notice of Injury or Occupational Disease (Incident Report Form C-1)

If an injury or occupational disease (OD) arises out of and in the course of employment, you must provide written notice to your employer as soon as practicable, but no later than 7 days after the accident or OD. Your employer should maintain a sufficient supply of the required forms.

Claim for Compensation (Form C-4)

If medical treatment is sought, Form C-4 is available at the place of initial treatment. A completed “Claim for Compensation” (Form C-4) must be filed within 90 days after an accident or OD. The treating physician or chiropractor must, within 3 working days after treatment, complete and mail to the employer, the employer’s insurer, and third-party administrator, the Claim for Compensation.

Workers’ Compensation Medical Benefits In Reno

If you require medical treatment for your on-the-job injury or OD, you may be required to select a physician or chiropractor from a list provided by your workers’ compensation insurer if it has contracted with a Managed Care Organization (MCO), Preferred Provider Organization (PPO), or other health care providers.

If your employer has not entered into a contract with an MCO or PPO, you may select a physician or chiropractor from the Panel of Physicians and Chiropractors. Any medical costs related to your industrial injury or OD will be paid by your insurer.

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Types of Workers’ Compensation Disability Benefits In Reno, NV

Claiming Injury in a Car Accident

Temporary Total Disability (TTD)

If your doctor has certified that you are unable to work for a period of at least 5 consecutive days, or 5 cumulative days in a 20-day period, or places restrictions on you that your employer does not accommodate, you may be entitled to TTD compensation.
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Temporary Partial Disability (TPD)

If the wage you receive upon re-employment is less than the compensation for TTD to which you are entitled, the insurer may be required to pay you TPD compensation to make up the difference. TPD can only be paid for a maximum of 24 months.

Permanent Partial Disability (PPD)

When your medical condition is stable, and there is an indication of a PPD as a result of your injury or OD, within 30 days, your insurer must arrange for an evaluation by a rating physician or chiropractor to determine the degree of your PPD. The amount of your PPD award depends on the date of injury, the results of the PPD evaluation, and your age and wage.

Permanent Total Disability (PTD)

If you are medically certified by a treating physician or chiropractor as permanently and totally disabled and have been granted PTD status by your insurer, you are entitled to receive monthly benefits not to exceed 66 2/3% of your average monthly wage. The amount of your PTD payment is subject to reduction if you previously received a PPD award.

How Workers’ Compensation Wages Are Calculated In Reno, NV?

Items included in the average monthly wage are found in NAC 616C.423.

Items Included in the Average Monthly Wage
The calculation of your average monthly wage includes the following –

  • Wages or salary;
  • Commissions which are prorated over the period used to calculate the AMW;
  • Incentive pay;
  • Payment for sick leave;
  • Bonuses which are prorated over the period used to calculate the average monthly wage;
  • Termination pay;
  • Tips which are collected and disbursed by the employer and are not paid at the discretion of the customer;
  • Tips you report pursuant to NRS 616B.227;
  • Payment for piecework, tool allowance, vacation, holidays, overtime, and travel time; and
    Value of room and/or board.

Concurrent employment with another employer may also be included.

Items Which Cannot Be Included
Items which cannot be included are –

  • Employment not subject to coverage under NRS 616A to 616D, inclusive, or chapter 617 of NRS, or elective employment which has not been elected;
  • Reimbursement for job-related expenses, including per diem and travel, and allowances for laundry or uniforms.

In certain instances, wages are determined by statute. Compensation will be based on that wage. If your average monthly wage exceeds the State Average Monthly Wage, compensation will be based on the State Average Monthly Wage.

Calculation of the Average Monthly Wage
A wage history of a period of 12 weeks must be used to calculate the average monthly wage. If a 12-week period is not representative of your average monthly wage, the following methods are to be used.

  • A period of one year, or the full period of employment if less than one year, may be used. It must be used if the average monthly wage would be increased; or
  • Pursuant to NAC 616C.435(3), if the employee is a member of a labor organization and regularly employed by referrals from that office, wages from all employers for one year must be used if the average monthly wage would be increased.
  • If employed less than 12 weeks, but for a period not less than four weeks, wages are averaged for the available period; or
  • Earnings based on piecework or a period of less than four weeks must be based on the rate of pay and projected working schedule, or on an average equal to other employees doing the same work.

Days That May Be Excluded
The period used to calculate the AMW must consist of consecutive days immediately preceding your accident. Each day must be counted, with the following exceptions –

  • A certified illness or disability;
  • Institutionalized in a hospital or other institution;
  • Enrollment as a full-time student and not employed on days of attendance;
  • Military service other than weekend duty;
  • An officially sanctioned strike; or
  • Absence due to approved leave pursuant to the Family and Medical Leave Act of 1993.

Concurrent Wages
Concurrent wages for employment by two or more employers may also apply. NAC 616C.447 provides that the insurer shall advise an injured employee in writing of his eligibility for compensation for concurrent employment at the time of the initial payment of compensation.

Other Benefits Available to Injured Workers In Reno, NV?

Transportation and Per Diem Reimbursement

You may be eligible for travel expenses and per diem associated with medical treatment. You must file your request on a D-26 within sixty (60) days of incurring the expense. If it is submitted to the insurer more than sixty (60) days after the expense was incurred, the insurer can deny it.

Vocational Rehabilitation Services

You may be eligible for vocational rehabilitation services if you are unable to return to the job due to a permanent physical impairment or permanent restrictions as a result of your injury or OD. These services include, but are not limited to, on-the-job training, educational courses, and help with your job search. In some situations, a buy-out may be negotiated.

Reopening

You may be able to reopen your claim if your accepted industrial condition worsens and there is a treatment plan proposed by the doctor. The rules for reopening are found in NRS 616C.390.

How to Appeal a Workers’ Compensation Decision In Reno, NV?

If you disagree with a written determination issued by the insurer, or the insurer does not respond to your request, a Nevada workers’ compensation attorney can help you appeal to the Department of Administration Hearing Officer by following the instructions contained in your determination letter. You must file your appeal within 70 days of the date of the determination letter or your unanswered request. Appeals may be filed at 1050 E. William Street, Suite 400, Carson City, Nevada 89701, or 2200 S. Rancho Drive, Suite 210, Las Vegas, Nevada 89102.

If you disagree with the Hearing Officer’s decision, you may appeal to the Department of Administration, Appeals Officer. You must file your appeal within 30 days from the date of the Hearing Officer’s decision letter at 1050 E. William Street, Suite 450, Carson City, Nevada 89701, or 2200 S. Rancho Drive, Suite 220, Las Vegas, Nevada 89102.

If you disagree with a decision of an Appeals Officer, you may file a petition for judicial review with the District Court. You must do so within 30 days of the Appeal Officer’s decision.

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Why Choose Our Workers’ Compensation Attorney In Reno, NV?

Mr. Santos has represented injured workers in Nevada for over 30+ years, so we have the experience needed to handle any kind of workers’ compensation case that comes our way.

Our Reno work injury attorneys always have a one-on-one approach so that you get personalized services for your needs, and you get the best workers’ compensation attorney services. Finally, Mr. Santos is a NJA board-certified workers’ compensation specialist, a distinction that few attorneys have attained. Always ask whether the Reno, NV workers’ compensation attorney who will work on your case is board certified and confirm the designation with the State Bar of Nevada.

Call Today for a Free Consultation.

Why Hire a Workers’ Compensation Attorney Reno Team?

Keep in mind, not every single injury at work requires the help of a workers’ comp lawyer in Reno. If your accident was minor and your case is straightforward, you can probably get through the process on your own. However, most cases can benefit greatly from the help of a competent workers’ compensation attorney in Reno. If you ever need to negotiate with the insurance company, having a lawyer will greatly help you. Our professional team knows how to negotiate a disputed claim and can handle insurance companies. We can also gather evidence to challenge the company. Other good times to contact us for workers’ compensation legal services include:
  • When your claim is denied
  • When you have a preexisting condition
  • When your ability to work is affected
  • When you can’t get the treatment you need to heal

All of these situations require legal knowledge and strategy, and The Law Firm of Herb Santos, Jr., is here to help. Even if you simply need help with the numerous forms and documents, such as the notice of injury or occupational disease or the claim for compensation, our workers’ comp attorney Reno team is happy to help make sure everything is filled out properly.

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Angelica
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Mr. Santos has been an amazing attorney. He has gone up and above for my claim. I highly recommend him. His office staffs are always answering my concerns and work as a good team
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Jimmie
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Herb was amazing he got everything taken care of like he said he would and made everything easy for me to deal with when it came to worker’s compensation
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Christian
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Excellent 100% recommended, they work for you, they work on your case
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Michael
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Herb, Rita, and the rest of the staff helped provide me with the information and support while I was suffering from a workers comp injury. While I felt that no one wanted to help me from the workers comp doctors to the insurance company, the people at Herb Santos Law Firm made me feel seen and worked hard to get me what I needed. Thank you so much!
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Doreen
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Mr. Santos and Rita and the rest of the people who work there are amazing. My case has lasted 7 years! It's been a long run but he will definitely fight for what's right. Go to him for your work comp needs. Rita goes above and beyond to help answer any questions or concerns you have. Highly recommend.
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CJoy
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Mr. Herb Santos and everyone is his office is so nice and respectful. They make sure you understand everything that is going on. They really are the best.....
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J
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I didn't think I really had a chance, but the law firm of Herb Santos was great. He and his team were right on the ball and I was more than satisfied. Mr. Santos is great at what he does and he employs a very nice, polite and knowledgeable staff. I would highly recommend Mr Herb Santos Jr and his team on a workman's comp case. My compliments to Rita! She helped me through everything that I had no clue about. Lol
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Colton
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Was very helpful and I am very thankful that they was able to help me with my case and I would most definitely recommend them to anyone that needs help!!
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Lamarr
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My guyy Santós is the Mann... Rita was also a bigg help
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Michael
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Very well managed and really felt they had my true best interests all the time

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Frequently Asked Questions

Am I Eligible for Workers’ Comp?
If you are an employee and have been injured or become ill due to work-related activities, you are most likely eligible for workers’ comp. This includes injuries that occurred on the job site, injuries from work-related activities outside of the job site, and illnesses caused by work-related exposure. However, it’s always best to consult with The Law Firm of Herb Santos, Jr.’s workers’ comp attorney in Reno to determine your eligibility.
What Is Covered Under Workers Comp?

Workers’ comp covers a wide range of injuries and illnesses, including medical expenses, rehabilitation costs, lost wages, and disability payments. If your injury or illness was caused by work-related activities, you may be entitled to these benefits. You can start your case by calling The Law Firm of Herb Santos, Jr.’s work injury lawyer Reno team at 775-323-5200.

How do I file a workers’ comp claim?
If you have been injured at work, the first thing you should do is seek medical attention. After you have received medical treatment, you should notify your employer of the injury and file a workers’ comp claim. The process usually involves filling out a claim form and submitting it to your employer’s workers’ comp insurance company. Consult The Law Firm of Herb Santos, Jr.’s experienced workers’ comp injury attorneys to guide you through this process and ensure your claim is filed appropriately.
What to Do When You Get Injured at Work?
If you are injured at work, consider seeking medical treatment instantly. Notify your employer of the injury and file a workers’ compensation claim as soon as possible. Remember to document your injury and any related expenses, including medical bills and lost wages. The Law Firm of Herb Santos, Jr.’s experienced Reno work injury attorney can help ensure your rights are protected and you receive the benefits that you are entitled to. You can call us at 775-323-5200 to get started.

Testimonials

Tom C.

Herb stuck with me and he never gave up. When it looked like the chips were down, he stuck with me no matter what. He took the case all the way to trial. He was very passionate and had a great strategy in...

Kate M.

When Herb finished reading my file he said, “It’s not always a money thing, you just have to let people know that right is right, or they keep getting away with it” . That was when I knew I had to let Herb fight for me...

Lisa F.

My parents hired him to represent me and they asked him to come meet me at the ICU which he did. From courtroom representation to negotiation and mediation, Herb was always there for me...