You may be entitled to workers’ compensation to pay for your medical bills and lost wages if in the event you have been injured at work in Nevada. Your employers’ rates can go up if they pay out on claims even though your employer should have workers’ compensation insurance. As a result, and since there are a few common reasons they use to support their fight, there is a chance your employer may fight your workers’ compensation claim. With this in mind, we at Kajioka and Associates, Attorneys at Law, would like to further elaborate on the subject.
Can I Claim for Injury at Work if it was My Fault?
You may not be entitled to workers’ compensation in the event you were intoxicated or under the influence of drugs at the time of your injury. At the time your report your injury, your employer will likely require a drug test. You may also miss out on workers’ compensation if you started horseplay or roughhousing at work that led to your injury as well. To prove your employer wrong, it is important to gather information about any witnesses and the circumstances surrounding your injury.
What Qualifies as a Work Related Injury?
Because your injury did not occur at work, an employer might try to argue that you’re not covered by workers’ compensation. It does not mean that your injury is not connected to your work just because you were not at your primary job site when you were injured. You are then likely entitled to workers’ compensation benefits should you were in another location on a work assignment or at a company event (like a conference) when you were injured.
Do You Need Workers’ Compensation for Independent Contractors?
Unfortunately, you are not entitled to workers’ compensation benefits if you were an independent contractor and not an employee. Just because your employer says you are an independent contractor doesn’t mean that is the case, however. As independent contractors precisely to get around paying workers’ compensation, some employers misclassify employees. An independent contractor is not subject to the supervision or control of an employer. An attorney can evaluate your claim, there are a number of factors that go into determining whether someone is truly an independent contractor, and an experienced workers’ compensation.
Common Personal Injury Claim Defenses
Contributory Negligence. Contributory negligence is the most common defense used in a personal injury case. For the accident on the defendant, this is when the defendant is going to try and put some or all of the blame. They won’t be able to recover compensation from the defendant if the plaintiff is found to have shared part of the fault in the accident for example.
The Assumption of Risk. An assumption of risk is another common defense. The defendant may claim that the individual should have known about the injuries if the plaintiff in the case assumes all of or part of the risk of an activity that is clearly dangerous.
Pre-Existing Injuries. You may find that the insurance company and the defense lawyers will work hard to use it against the injured person if you have ever been involved in an accident and suffered an injury before. A defense attorney can help you find current medical records to prove your claim.