Legal Question in Workers Comp in Nevada

back injury

I injured my back at work on 10/31/08 and the HR department at my job is saying that because there was no ''mechanism of injury'' (though there clearly was) that this is now a personal injury and not a workmans comp issue. I've missed several days of work now and my doctor days I can only return to light duty until released by another doctor and MRI. HR said they have no light duty available so I have to file a leave of absence request because I haven't worked there long anough to qualify for short term disability. Do I actually have to file a leave of absence request? And if I don't can I legally be terminated? And can filing a leave of absence request actually cause me to lose wages if I win my case for WC benefits? my lawyer advised me not to sign, although I don't know if he actually knows if I can be terminated if I dont. my attorney also believes there was a mechanism of injury and is in the process of getting all the paper work I need to start filing another claim for workmans comp benefits.


Asked on 11/13/08, 2:54 pm

1 Answer from Attorneys
David Fischer Fischer Sanders, LLP

Re: back injury

You need to make sure you file a workers' compensation claim. This is done by completing a C-4 and C-1 form. Both are necessary and critical to help you obtain benefits under workers' compensation. The decision regarding whether you are entitled to benefits is made by your employer's wc insurer and this decision in large part is based on the info provided in these forms.

Give me a call if you would like to discuss further.

Read more
Answered on 11/13/08, 2:59 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Nevada