If you were injured on the job in California or Nevada, workers' compensation insurance is supposed to cover your medical bills and a portion of your lost wages. But many claims get delayed, disputed, or denied, and insurance companies often push workers to settle for less than their injuries are worth. Mendez & Sanchez APC can help you fight for the full benefits you are owed, and we also pursue third-party lawsuits when another party was responsible for your injury. Consultations are free.
What Does Workers' Compensation Cover?
California and Nevada both require employers to carry workers' compensation insurance for their employees. A valid workers' comp claim covers:
- Medical benefits that cover all treatment for your work injury, with no out-of-pocket cost to you
- Temporary disability payments if your injury keeps you from working while you recover (typically two-thirds of your average weekly wages)
- Permanent disability benefits if your injury causes lasting impairment that affects your earning capacity
- Supplemental job displacement benefits or vocational rehabilitation assistance if you cannot return to your previous job
- Death benefits for surviving family members if a worker dies from a job-related injury or illness
When Should You Hire a Workers' Compensation Lawyer?
You do not always need an attorney for a straightforward workers' comp claim. But you should strongly consider hiring one if:
- Your claim has been denied
- The insurance company is disputing the nature or extent of your injuries
- Your employer is retaliating against you for filing a claim
- You have a pre-existing condition that the insurer is blaming for your injury
- You are facing a permanent disability rating and want to make sure it is calculated fairly
- You want to pursue a third-party personal injury claim in addition to workers' comp
Third-Party Claims: Getting More Than Workers' Comp Alone
Workers' compensation typically prevents you from suing your employer directly for your injuries. But if someone other than your employer caused your injury, you may be able to file a separate personal injury lawsuit. Common examples include:
- A defective machine or tool that injured you on the job
- A vehicle accident with a non-coworker driver while you were working
- A hazardous condition created by a contractor or outside vendor on your worksite
- A toxic substance manufactured by a third party that caused your illness
Third-party claims can result in significantly larger recoveries than workers' comp alone, because they can include full wage replacement and pain and suffering damages, which workers' comp does not pay.
If your injury happened on a construction site specifically, third-party claims are especially common. General contractors, subcontractors, property owners, and equipment manufacturers may all share responsibility. See our construction accident lawyer page for more on how those cases work.
What Happens if Your Workers' Comp Claim Is Denied?
A denial is not the end. You have the right to appeal. In California, you can request a hearing before a workers' compensation judge. In Nevada, there is also a formal appeals process. An attorney can review the denial, identify the insurer's arguments, and build the case for your appeal. Most denials that are successfully appealed involve inadequate medical documentation, employer pressure, or claims that were filed slightly outside the rules without proper legal guidance.
How Long Do You Have to File a Workers' Comp Claim?
In California, you must report your work injury to your employer within 30 days and file a formal claim within 1 year of the date of injury. In Nevada, you must notify your employer within 7 days of the injury and file a formal claim within 90 days. Missing these deadlines can result in losing your right to benefits. Contact an attorney as soon as possible.
Can You Be Fired for Filing a Workers' Comp Claim?
No. It is illegal in both California and Nevada to retaliate against an employee for filing a workers' compensation claim. Retaliation includes firing, demotion, reduced hours, harassment, or any adverse employment action taken because you filed. If your employer is retaliating against you, tell your attorney immediately. Retaliation claims are taken seriously and can result in additional compensation.
