Posted on October 13, 2010 by Virginia Hunt

Is Your Staircase Injury Work-Related?

Good news for injured workers.   The Nevada Supreme Court recently issued a new decision clarifying when an injured worker's accident while walking down stairs at work is considered work-related and compensable.  In Rio All Suite Hotel & Casino v. Phillips, the Court held that a poker dealer's ankle injury was compensable.  The dealer was walking down the stairs that lead to the employee's break room when she twisted her ankle. There was no debris on the stairs and the stairs were not dangerous.  The court noted that the dealer was required to use this particular set of stairs six times per shift,, and because she was exposed to a significantly greater risk of falling on these stairs than the gneral public, her inexplicable ankle injury on the stairs was job-related.

Under an  "increased-risk test" adopted by the court, an employee has a workers' comp claim if he is subjected to a risk greater than that to which the general public is exposed.   Examples of an increased risk would be when the employee is exposed to a common risk more frequently than the general public, or when steps are an unusual height, or when the manner in which in employee is required to descend steps increases the risk of falling.   Whether a fall is explained or unexplained is irrelevant.   A prior decision from the court in Mitchell v. Clark County Sch. Dist.,, 121 Nev. 179 (2005) held that an employee who fell on a flat surface at work while walking toward a staircase and then inexplicably rolled down the stairs did not have a compensable claim. 

If you are injured while ascending or descending stairs at work, and your claim is denied, you should consult with an experienced workers' compensation attorney right away.  Ever since the court decided the Mitchell case in 2005, adjusters have been denying all accidents involving staircases at work.  While we can expect adjusters to continue to deny legitimate claims, an injured worker can now argue that the Nevada Supreme Court never intended for every staircase claim to be denied.   The facts of each claim are very important.  Make sure that you bring a copy of all documents concerning your claim when you go for a free consultation with an attorney on your denied claim.  

Tags:
Posted on October 7, 2010 by Virginia Hunt

Construction Accidents

With unemployment in Nevada at an all-time high, construction workers who are injured on the job are afraid to report and file workers’ compensation claims. However, those who delay and then discover that they have a serious injury that may require surgery will regret that they did not follow the steps below. The risk of your employer taking adverse action against you for reporting an injury and getting immediate medical attention is far less than the risk of having a claim denied when it is filed late. Employers know that they can be sued for wrongful termination if they fire an employee because the employee pursued a workers’ compensation claim. Construction

When in doubt, do the following:

·         Report your injury on time and in writing.

Follow the employer’s policies on reporting job injuries. Nevada law requires that injured workers report work injuries to their employers within 7 days. However, many employers have policies that require immediate notification to a supervisor. Even if your supervisor makes a snide comment, ignore the comment, and stick to the procedure for reporting injuries immediately in writing.   

 

·         Submit to any drug testing your employer requires.

Employers often require that you immediately report your injury so that you can be drug and alcohol tested. If you test positive, in addition to your employer terminating you, your claim will probably be denied. However, there is a rebuttable presumption that the accident was caused by your being under the influence. Contact an experienced Nevada workers’ compensation attorney, particular if you test positive for marijuana, and the denial may be reversed through litigation.  

 

·         File a workers’ compensation claim when you get medical care.

If you chose not report your injury and use your private health insurance, it is very difficult to later file a claim and get it accepted.    Many workers do not want to anger their employers by reporting a job injury, and they hope that their injury is not serious. However, if the injury turns out to be serious, you will probably have your late claim denied.  You will then lose valuable benefits available to injured workers under Nevada law unless your attorney can successfully reverse the claim denial.

 

·         Appeal claim denials.

Insurers love to deny claims where the insurer can show that the injured worker treated for the same condition or injury in the past. However, with good legal representation, most of these claims involving pre-existing conditions can be won for the injured worker.

 

·         Investigate for third party liability.

If the accident was caused by someone who is not your co-worker or your employer, you may have a personal injury claim in addition to a workers’ compensation claim, and be entitled to recover additional money. Only an experienced attorney will be able to tell you whether the exclusive remedy doctrine applies to your particular facts, and advise you whether you may also pursue a personal injury claim.

Tags: