If you experience a medical emergency, get the necessary emergency care you need.
If your injury or condition is not an emergency, ask your employer for the list of authorized medical providers who have contracted to treat first responders. Choose one of the listed providers and go there as soon as you can. Even if you think it’s not a severe problem, don’t attempt to “tough it out” on your own. A time-lapse between your injury and the treatment you deserve could lead to slower recovery or a suspicion that your injury is not work-related.
Report your injury to your employer as soon as possible. Under Nevada law, you only have seven days to tell your employer or risk losing workers’ compensation benefits. You must complete a “Notice of Injury or Occupational Disease – Incident Report,” also called a C-1 form, in writing and give it to your employer within seven days of your injury or the beginning of your condition. Keep a copy! The C-1 form is only a report of your injury, and it does not start the workers’ compensation claim process.
Be consistent, accurate, and thorough in your report. The information you provide at the start must match what you tell your doctor and any other person involved in the workers’ compensation process. Don’t give the insurance carrier any reason to deny your claim because of inconsistent details.
For more information, see the blog You’re Injured… Now What?
When you are first treated for a work injury or condition, you and your doctor must complete an “Employee’s Claim for Compensation/Report of Initial Treatment,” also known as a C-4 form. Be sure to keep a copy for yourself. The doctor should send this form to your employer and the workers’ compensation insurance carrier. They will handle your claim within 90 days from your injury or when you first noticed your work-related condition.
If you miss the deadline, you may have a qualifying excuse, so be sure to process the form as soon as possible. The insurer then has 30 days to accept or deny your claim. This decision must be in writing. If your claim is denied, you will receive information about how to appeal the decision. Workers’ compensation claims are complicated, and it’s recommended you retain a lawyer to protect your rights.
More information on this timeline can be found in the blog The Workers’ Compensation Process: A Timeline of Important Dates
If your injury requires emergency care, you can go directly to the nearest ER or another familiar medical provider. However, for your long-term treatment, you must follow state requirements. In Nevada, an injured employee must be treated by an authorized doctor or medical provider listed on the Panel of Treating Physicians and Chiropractors established by the employer and insurer.
Although you cannot use your own doctor to treat your work-related injury (unless your doctor is on the approved provider panel), you do have a say in who treats you. During the first 90 days of your treatment, you can request a different medical provider without obtaining the insurer’s approval. The new doctor must also be listed on the insurer’s panel. After 90 days of treatment, you must obtain written permission from the insurer before changing doctors.
Keep in mind, if you don’t use a provider from the insurer’s panel, workers’ compensation insurance may not cover your medical bills.
You have seven days to report an on-duty incident to your employer. You should report any incident that has the potential of resulting injury, regardless of if you feel hurt at the time. This should protect your right to open a claim if you feel you need treatment within the next 90 days.
Reporting an injury is usually done by completing a C-1 form and submitting it. However, other written documentation that a supervisor or manager was aware of the incident can sometimes be sufficient.
Since every injury or illness claim is different, general work comp rules may not apply to your claim.
Some first responders may rely on their employer or the insurance carrier, but keep in mind, you probably have different goals and priorities. In Las Vegas you can contact your union representative with questions or you can turn to a Nevada Workers’ Compensation (WC) lawyer.
At For First Responders we maintain a list of qualified and experienced WC lawyers who will fight for your work-related injury or condition. A tenacious WC attorney will:
- Deal with the insurance company for you,
- Gather the medical information needed to support your claim,
- Negotiate the best settlement possible to protect your future rights, for example if you need to reopen your claim or apply for Social Security benefits down the road, and
- Represent you at a worker’s compensation hearing or trial if necessary.
Most WC lawyers will handle your case on a contingency basis so they don’t get paid unless you receive benefits. Also, you shouldn’t have to pay for an initial consultation to understand your rights and have your questions answered.
Absolutely. Many excellent Nevada resources exist and For First Responders maintains a vetted list of qualified and experienced workers’ compensation attorneys who will handle your claim with the most outstanding care and compassion. Contact us directly for a recommendation that is best suited to your situation.
In some cases, the doctor may recommend light-duty work while you recover. If you try to resume full duties as a first responder too quickly you may further injure yourself or place your fellow firefighters in harm’s way. Until you are fully capable to act as a first responder again, you should consider light-duty work as an important part of your healing process and accept it if offered.
Light duty is different than being “placed off work.” While on light duty you may be assigned to work a different schedule than before, and you may not qualify for overtime pay. Light-duty work may not pay as much as your former position, if that is the case, you may qualify for Temporary Partial Disability (TPD) benefits that could make up the difference in pay.
If you are “placed off work” by a doctor, or your employer is unable to offer you light duty, you may be eligible for Temporary Total Disability (TTD) payments. TTD is 66 2/3 % of your average monthly pre-tax wage, up to the state maximum. Many first responders have collective bargaining agreements which allow them to get paid their full wages.
Be warned, if you do not accept a light-duty assignment when offered, the insurer is not obligated to pay you TTD. Another reason to accept a light duty offer is to reduce the risk of aggravation or further injury.
For a variety of reasons, many first responders are reluctant to accept light duty, and sometimes request full duty. This can be dangerous because the main purpose of light duty is to allow your injured body parts to rest, recover and avoid further strain or injury. Another reason to accept a light duty offer is to reduce the risk of aggravation or further injury. Think about it this way… it’s better to accept three months of light-duty work now and make a full recovery rather than spending nine months on light duty after re-injuring yourself because you tried to returned to full- duty work too soon.
If you have a history of heart problems and you experience chest pain, seek immediate medical treatment regardless of your pending heart-related worker’s compensation claim.
Nevada worker’s compensation law allows a first responder who has already filed a worker’s comp claim for heart disease to reopen the claim anytime during their lifetime if a doctor certifies there’s a heart disease-related change of circumstances which justifies a review or increase in benefits.
If you have chest pain, don’t hesitate. Go to an emergency room and remember that a change in your condition may affect your pending claim.
If you suffer a work-related injury or illness, you may not be able to work while you recover. Depending on your circumstances, and the form of benefits you receive, your Public Employees’ Retirement System (PERS) retirement benefits may be affected.
During the time you are receiving workers’ compensation payments and not working as a police officer, your employer may not be contributing to your PERS retirement plan. Also, the official date when you are eligible to receive full retirement benefits may be extended for the amount of time you were paid TTD during your workers’ compensation claim.
If you are concerned about a WC claim affecting your PERS you may want to speak with your union representative or a workers’ compensation attorney who is experienced in these types of issues.
Every firefighter’s situation is different and many variables affect the outcome. To understand how your workers’ compensation claim may affect your retirement, ask an experienced Nevada workers’ compensation attorney to explain the law.
Under Nevada Law, an injured worker has a lifetime right to reopen their claim in certain circumstances. In order to have lifetime reopening rights a Nevada workers’ compensation claim must:
- have closed with a Permanent Partial Disability (PPD) rating of 1% or higher (which usually means the injured worker received compensation), or
- the injured worker must have missed more than 5 days of work directly related to the injury.
Workers’ compensation claims that do not meet either of these requirements have a 1-year window to reopen and must show objective worsening of their condition.