Filing a Workers' Comp Claim in Nevada

The worker (or a dependent, if the worker died) must give the employer written notice of the injury as soon as practicable, but within 7 days after the accident, on the state's Notice of Injury form (Form C-1). The employer or supervisor signs it to acknowledge receipt, and each side keeps a copy. The insurer may excuse a late notice if the injury or another cause beyond the worker's control prevented it, or because of mistake or ignorance of fact or law, physical or mental inability, or fraud or deceit.

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.

Give your employer a Notice of Injury (Form C-1) within 7 days. When you see a doctor or chiropractor, the Employee's Claim for Compensation/Report of Initial Treatment (Form C-4) is completed and filed with the employer and insurer within 3 working days; the employer then files its own report (Form C-3) with the insurer. The insurer generally has 30 days after notice of the accident to accept or deny the claim. Forms are on the Division's Workers' Compensation Section website. The Nevada Attorney for Injured Workers can represent injured workers at appeals.

A worker who disagrees with an insurer's written determination, or whose written request goes unanswered for 30 days, may request a hearing before a hearing officer within 70 days after the determination was mailed; the insurer must provide the request forms free. A decision of the hearing officer may be appealed to an appeals officer within 30 days. After a final decision by an appeals officer, a petition for judicial review in court must be filed within 30 days after entry and service of that decision. The Nevada Attorney for Injured Workers can be appointed to represent the worker before the appeals officer.

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.