Legal Question in Workers Comp in Nevada
Employer punishing me for getting hurt!
I've been working for a company for 1 yr. 9 mos. as a salaried employee. I was injured at work on 11/3/08 and I am going through my employers workers comp insurance co. I've got 3 broken fingers & fractured knuckles on my hand. I'm in office administration so all of my work is with my hands.
I will not be able to perform my duties for several months and my doctor has considered me completely disabled at least until 11/30/08. My employer will not pay me any sick time (I've got 50 hours available) because it's workers comp., although I won't get any reimbursement from workers comp. for the 1st 5 days. Also, I've been told that my Anthem Health Insurance will be taken away unless I work at least 30 hours, I'll have to pay for it myself and when I do return to work I may have to wait 3 mos. to become eligible again. When I return to work they want to cut my hours to 20-30 and pay me by the hour (perhaps at a lower rate). Can they do all this to me? I can't afford to lose my job but I feel like I'm being taken advantage of. Thanks for your help.
1 Answer from Attorneys
Re: Employer punishing me for getting hurt!
The bottom line is that pursuant to workers'compensation law in Nevada you do not have anything which guarantees your job or employer sponsored benefits. This is mainly b/c Nevada is a right-to-work state. Employers have very broad discretion when it comes to hiring/firing their employees. In other words, unless your employer is for example retaliating against you directly b/c you filed a w/c claim you have very few protections.
Knowing this, it very important to make sure that you are getting what you are entitled to under Nevada work comp law. I can help you determine if this is the case. Give me a call if you would like to discuss your situation.
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