When it comes to Nevada workers’ comp, pre-existing conditions can become a factor in determining the level of compensation an employee is entitled to. It’s important for employers and employees alike to understand what constitutes a pre-existing condition and how this may affect their rights and responsibilities under the law.
What Are Pre-Existing Injuries?
Pre-existing injuries are those that happened prior to the work-related injury. Examples could include an old football injury or car accident that may have caused some lingering pain. If an employee has a pre-existing condition, it is important for them to let their employer know as soon as possible during the workers’ compensation claim process.
A Pre-Existing Injury May Not Necessarily Affect Your Worker’s Comp Claim
The insurance company may try to argue that any compensation should be reduced due to this pre-existing injury. However, Nevada law states that pre-existing conditions do not necessarily reduce or void an employee’s rights to workers’ compensation benefits. The primary focus is on the work-related incident and any change in the employee’s condition as a result of it.
Employers Are Responsible for Medical Costs
When it comes to medical costs, employers should be aware that they are generally responsible for covering the costs of any medical services required to treat the employee’s work-related injury, regardless of whether they were pre-existing or not. If an employee requires surgery as a result of their work-related injury, the employer should be responsible for the cost even if they had undergone similar surgery in the past.
Safety Responsibility by Employers
It is also important for employers to be aware of their legal obligations regarding workplace safety, as a failure to take necessary safety precautions can contribute to the severity of any work-related injury that an employee sustains. By taking all steps necessary to ensure a safe and healthy working environment, employers can help protect their employees from workplace hazards while also protecting themselves from legal liability.
Understanding Your Rights under Nevada Workers’ Comp Laws
In any case, Nevada workers’ compensation is available for workers who have sustained injuries in the course of their employment, regardless of any pre-existing injuries. It is important for everyone involved to have a full understanding of their rights and responsibilities under the law so that the workers’ compensation process can be as smooth as possible.
Getting the Help You Need to Recover Compensation
When it comes to filing for workers’ compensation, it is always best to consult with a qualified attorney who has experience in this area of the law. A qualified attorney can provide valuable guidance and help ensure that an employee receives the full compensation they are entitled to under Nevada workers’ compensation law. A lawyer can use an expert witness to review your medical records and explain that your previous injury was resolved or was heightened by your work injury, so you can obtain the compensation you deserve.
Jay Short: Attorney at Law for Nevada Workers’ Compensation
You can consult Jay Short – Attorney at Law if you have been injured on the job or have been ill as a result of your work. Helping people recover benefits is all we do. A free consultation is available at any time by calling (775) 786-2006. You can also contact us online if you wish.