Workplace Safety In Nevada

Congratulations to Alexandra Berzon, a journalist with the Las Vegas Sun, for recently winning the Pulitzer Prize for Public Service for her investigative reporting last year of the 9 construction workers who died at CityCenter in a 16-month time period. Ms. Berzon continues to report on the reforms, or rather the lack of significant reforms to ensure workplace safety, during the current legislative session in Carson City.  Ms. Berson also reports on efforts by attorneys and injured workers’ advocates to make other necessary changes in the law to the workers’ compensation system in Nevada.

   Ms. Berzon contacted me about six months ago for information about my clients’ experiences in filing complaints with the Division of Industrial Relations for violations of the law by third-party administrators.   She impressed me as being extremely thorough in her search for accurate facts about whether the current system of requesting fines and penalties from the Division of Industrial Relations adequately protects and compensates injured workers with legitimate complaints.  I was happy to also offer her my opinion that it is woefully inadequate.  Thank you to Ms. Berzon for her excellent work in letting the public know what really happens to injured workers in Nevada.

Surviving the Tough Times

 Some questions I receive from injured workers have nothing to do with workers’ compensation law, but are instead about how to make it through the difficult times following a work accident.   Few people can pay all necessary bills for very long on workers’ comp benefits of only two-thirds of their average monthly wage. Most injured workers must dip into or deplete their savings if they have a serious work injury. Also, if medical insurance isn’t  available any longer because the injured worker can’t return to his pre-accident employer, dependent family members then go without necessary medical care.  It is even worse for the injured workers who must litigate denial of their claims in order to obtain any benefits at all after months of the appeals process.    Yet, people do survive these tough times, and they find a new appreciation for those friends, co-workers, employers, and family members that can be counted on to provide support.

Recently, a client gave me a very interesting book entitled The Survivors Club by Ben Sherwood.  This book is about survivors of various sorts of tragedies, including an airplane crash in the Andes, a failed suicide attempt from the Golden Gate Bridge, the brutal gang attack of the Central Park jogger, cancer, a mountain lion attack, etc.   There isn’t a chapter on how to physically, emotionally, and financially survive a serious work injury, but I could match some of my clients’ experiences with those in the book.   The book discusses common personality traits the survivors share. I see many of those traits in those clients who go on to lead happy, productive lives despite their life-changing work accident.  What I really found useful for my clients, however, was  its website.  This website has excellent information on how to deal with a permanent injury, how to handle financial problems following a reduction in income,  links to alcohol or substance abuse help, and divorce survival tactics.  

Depression following a work injury is common. If it becomes severe, the injured worker should discuss it with whichever doctor is the authorized treating physician so that it is documented. Then, the injured worker can request that the adjuster authorize a consultation and treatment with a psychologist. While Nevada law does not allow an award for permanent psychological injuries that do not result from a physical injury to the brain, an injured worker may at least get treatment for psychological problems that result from the work injury. 

If you need immediate help in the Southern Nevada area to deal with depression, please contact the So. Nevada Adult Mental Health Services at (702) 486-6000. You may also find other phone numbers and links for mental health services at www.mhds.state.nv.us.  If you or someone you know is having suicidal thoughts, please call the suicide prevention hotline numbers at 1-800-273-8244 and    1.877-885-467.

I’ve asked several clients to help me post some good news about their accomplishments in vocational rehabilitation programs, and tips to help fellow injured workers get through the tough times.   So, please stay tuned.

Information Center for Nevada Injured Workers

Our new website is now up and running.  It features an Information Center with articles on various topics concerning Nevada workers' compensation law, and the claims process. If you don't find an article in the Information Center or on this blog that addresses a topic that would help other injured workers also, feel free to suggest a topic to me.