Hiring a Workers' Compensation Lawyer in Nevada
The limits on workers' comp lawyer fees in Nevada, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Nevada: fee rules
| Rules on contingency fees | Under Nevada Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in writing, signed by the client, and must state in boldface type at least as large as the largest type in the agreement: how the fee is determined, including the percentage(s) for settlement, trial or appeal; whether expenses are deducted from the recovery and whether before or after the fee is calculated; whether the client owes expenses regardless of outcome; that if the client loses, the client may be liable for the opposing party's attorney fees and will be liable for its costs as required by law; and that a suit brought solely to harass or coerce a settlement may result in liability for malicious prosecution or abuse of process. At the end, the lawyer must give a written statement of the outcome and any remittance. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. By statute (NRS 7.095), in actions for injury or death against a health care provider based on professional negligence, an attorney may not contract for or collect a contingent fee of more than 35 percent of the amount recovered (net of litigation costs), whether by settlement, arbitration or judgment. NRS 7.095: https://www.leg.state.nv.us/NRS/NRS-007.html |
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| If you disagree with a lawyer's bill | The State Bar of Nevada's Fee Dispute program is free and voluntary, for disputes of at least $250. Most disputes go to mediation first; if mediation fails and both parties have agreed to binding arbitration, an arbitrator or panel holds a hearing and decides the fee owed. File the Petitioner's Agreement for Arbitration of Fee Dispute (online, or request a mailed copy) with supporting documents in PDF to the Fee Dispute Department. The committee cannot hear fees already fixed by a court, malpractice or misconduct claims, or a matter already filed in court unless a court directs it. |
Nevada rules to know first
| Lawyer fee limits | Nevada offers free legal help through the Nevada Attorney for Injured Workers (NAIW), a state agency that represents injured workers free of charge, generally after a case has gone before a Hearing Officer and is appealed to an Appeals Officer. Insurers must tell claimants of their right to request NAIW representation. NAIW: Northern Nevada (775) 684-7555, information line (775) 684-7559; Southern Nevada (702) 486-2830; offices in Carson City and Las Vegas. |
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| Deadline to file a claim | If the worker sought medical treatment or missed work because of the injury, a claim for compensation (Form C-4) must be filed with the insurer within 90 days after the accident. In a death case, a dependent must file within 1 year after the death. The insurer may excuse a late claim for the same reasons as a late notice. Division time-frames sheet: https://dir.nv.gov/uploadedFiles/dirnvgov/content/WCS/InjuredWorkersDocs/TimeFrameforClaimFiling.pdf Source: NRS 616C.020; NRS 616C.025 |
| Deadline to challenge a denial | A worker who disagrees with the insurer's written determination may request a hearing before a hearing officer within 70 days after the notice of the determination was mailed. A hearing officer's decision may be appealed by filing a notice of appeal with an appeals officer within 30 days after the date of the decision. A petition for judicial review of the appeals officer's decision must be filed within 30 days after entry and service of the decision and order. Appeals officer: https://www.leg.state.nv.us/NRS/NRS-616C.html#NRS616CSec345 ; judicial review: https://www.leg.state.nv.us/NRS/NRS-616C.html#NRS616CSec370 . Source: NRS 616C.315, 616C.345, 616C.370 |
| Can you sue your employer? | Generally no. The rights and remedies of NRS chapters 616A to 616D for a work injury are exclusive of all other rights and remedies of the employee and family, at common law or otherwise, except as those chapters provide, and the compensation terms are compulsory for covered employers and employees. One statutory exception: if the employer failed to provide and secure compensation, the injured employee may sue the employer for damages as if those chapters did not apply. Uninsured employer exception: https://www.leg.state.nv.us/NRS/NRS-616B.html#NRS616BSec636 . Source: NRS 616A.020, 616B.636 |
| Suing someone other than your employer | Yes. If someone other than the employer is liable, the injured employee may sue that person; compensation is reduced by damages recovered, and the insurer (or the Administrator) is subrogated to the claim and has a lien on the total proceeds of the recovery. Before starting a lawsuit or claim, the employee or the employee's attorney must notify the insurer or Administrator in writing. Within 15 days after receiving the recovery, the employee (or representative) and the third party's insurer must notify the insurer or Administrator and pay the amount due with an itemized statement. Lien-reduction details in subsection 7 were not relied on. Source: NRS 616C.215 |
| Filing a claim online | In Nevada, an injured employee's claim for compensation is filed on a form prescribed by the Administrator of the Division of Industrial Relations; when a medical provider files the claim, it is signed by the employee and the treating provider, and the employer must file its report on the prescribed form within 6 working days after receiving the provider's claim. The Division of Industrial Relations' Workers' Compensation Section oversees the system and publishes claim-filing time frames, an employee brochure and injured-worker FAQs. Disputes go to the Hearings Division; at the Appeals Officer level, injured workers may request free representation from the Nevada Attorney for Injured Workers. Statute text: https://www.leg.state.nv.us/NRS/NRS-616C.html |
Find and check a lawyer
| Lawyer referral service | The State Bar of Nevada's Lawyer Referral Service (LRS) refers callers to a private attorney who practices in the relevant area of law. Call 702-382-0504 or toll-free 1-800-789-5747 (800-789-LRIS), or use the online option. The referred attorney may charge a $45 non-refundable fee for a consultation of up to 30 minutes; after that, fees are negotiated directly with the attorney, and there is no obligation to hire the attorney. If you cannot afford regular fees, LRS may try to prequalify you for a reduced-fee attorney (no more than $25 for the initial consultation and no more than $75 per hour after that) or refer you to another legal services agency. LRS overview: https://nvbar.org/for-the-public/find-a-lawyer/lrs/ |
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| Check that the lawyer is licensed | The State Bar of Nevada, a public corporation supervised by the Nevada Supreme Court, licenses Nevada lawyers. Its Bar Status page explains the license statuses (such as Active, Inactive, Administrative Suspension, Discipline Suspension and Disbarment), and the bar says it can tell you whether an attorney is licensed in Nevada and in good standing; call the Las Vegas office at 702-382-2200 or the Reno office at 775-329-4100. |
| Check discipline history or file a complaint | The State Bar of Nevada's Office of Bar Counsel investigates complaints of attorney misconduct. File online with the complaint form, by U.S. mail, or in person at the Las Vegas office (3100 W. Charleston Blvd., Suite 100, Las Vegas, NV 89102) or Reno office (9456 Double R Blvd., Suite B, Reno, NV 89521); filing is free. Include your contact information, the lawyer's name and firm, a detailed narrative with dates and copies of supporting documents, and file a separate complaint for each attorney. Steps are initial review (usually within 10 business days), a written response from the lawyer, investigation, screening panel review and, if warranted, a formal hearing; it can take one to six months or longer. Reprimands, suspensions and disbarments are public; dismissals and private admonitions are not. The bar issues a Certificate of Good Standing and Statement of Discipline History. FAQs: https://nvbar.org/for-the-public/attorney-discipline/faqs-attorney-discipline/ |
Free legal help
| Free legal aid | Nevada Legal Services provides free civil legal assistance statewide to low-income Nevadans who meet its eligibility requirements; you can check eligibility and apply through its online intake form or contact the nearest office. The Legal Services Corporation (LSC) lists Nevada Legal Services as the LSC-funded grantee in the state. In Clark County, the Family Law Self-Help Center (run by Legal Aid Center of Southern Nevada under contract with Clark County) offers information and forms for people representing themselves. Family Law Self-Help Center: https://www.familylawselfhelpcenter.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Nevada · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.