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Nevada Injury and Workers' Comp Law Firm, Henderson Nevada
(702) 360-5000
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Your Workers Comp Claim Was Denied. You Can Still Fight It.

A denial letter is not the end. In Nevada you have the right to appeal, but the clock starts the day that letter is mailed. Erik Severino has spent 20+ years taking on insurers and big corporations, and he gets denied claims reopened and cut-off checks turned back on.

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Getting Denied Is Common. Losing Is Not Required.

You got hurt on the job, you did what you were told, and then a letter showed up saying no. Claim denied. Maybe the checks you were counting on just stopped. It feels like the system already decided you do not matter, and that is exactly what the insurer is hoping you believe.

Here is the part the letter does not say in big print: Nevada gives you the right to appeal, and a lot of denials get reversed once someone puts the right medical proof in front of the right person. The insurer counts on workers reading that letter, feeling beaten, and walking away. Plenty of people do. You do not have to be one of them.

Nevada workers' comp is a no-fault system under the Nevada Industrial Insurance Act, overseen by the Division of Industrial Relations.No-fault means you do not have to prove your employer did anything wrong to be covered. The trade-off is a strict set of forms and deadlines, and a single missed step gives the insurer an easy reason to say no. You report the injury to your employer on a C-1 within 7 days, and a C-4 claim gets filed with the insurer within 90 days, usually signed at your treating doctor's office.

The catch is time. You have 70 days from the date stamped on the determination letter to request a hearing, and once it passes, the door can close for good.That is why the smartest thing you can do the day a denial lands is figure out the deadline and start the appeal. We do that part with you, for free, before you owe anyone a dime.

"Handled my case very efficiently and professionally. Answered any questions I had in a timely manner. Things were handled quickly and painlessly. Staff are very knowledgeable and respectful."
Jennifer M. Read this review on Google
Attorney Erik Severino, Nevada Injury and Workers' Comp Law Firm
Erik Severino, Nevada Bar #10221

The Insurer Has A Team. You Should Too.

By the time a denial reaches your mailbox, the insurer already has an adjuster, a hired doctor, and often a defense lawyer lined up to keep it that way. Going into a hearing alone against that is a hard fight. Erik has worked these appeals across Clark County since 2006, and he handles your case himself instead of handing you off to a call center.

  • No Fee Unless We Win

    You pay nothing up front. Our fee comes out of the recovery, and we go over case costs with you before anything starts.

  • Available 24/7

    Deadlines do not wait for office hours. Call nights, weekends, and holidays. Hablamos Español.

  • Local To Henderson And Las Vegas

    We know the state Hearings Division, the Appeals Officers, and how Clark County insurers operate. You can sit across a desk from your lawyer.

Why Nevada Workers Comp Claims Get Denied

The denial letter has to give a reason. Once we know which one it is, we know what proof beats it. Here are the patterns that show up again and again.

Not Work Related

The insurer claims your injury happened off the clock, at home, or somewhere other than the job. A doctor who ties the injury to your work duties answers this head on.

Missed Reporting Deadline

You told your supervisor late, or the C-4 paperwork never got filed on time. Late notice is one of the most common reasons a file gets closed before anyone reads it.

Pre-Existing Condition

They say your back, knee, or shoulder was already bad. Nevada still covers an aggravation of an old injury, so this denial is often beatable with the right records.

No Medical Evidence

The claim got denied because the file looked thin on records. Gaps in treatment, a missed appointment, or vague chart notes give the insurer an opening they will use.

How A Denial Moves Up The Ladder

Nevada does not make you sue in court to fight a denial. Instead, the dispute runs through a state appeal ladder built into NRS Chapter 616C, and each rung is a fresh chance to win. The trick is that every step has its own deadline, and skipping or missing one can sink an otherwise strong case.

The first stop is a Hearing Officer, through the State of Nevada Hearings Division, part of the Department of Administration. You have 70 days from the date the insurer mails its determination to request that hearing.It is a faster, less formal proceeding where you explain why the denial is wrong and put your records in. If the Hearing Officer rules against you, you have 30 days to move the claim to an Appeals Officer, who runs a full evidentiary hearing with sworn testimony, medical exhibits, and legal argument.That is the stage where having a lawyer matters most.

If the Appeals Officer still rules against you, the path leads to a petition for judicial review in the Eighth Judicial District Court of Clark County, the courthouse on East Lewis Avenue in downtown Las Vegas, and from there potentially to the Nevada Supreme Court.Most cases never go that far. A solid medical record and a well-argued appeal often turn things around at the Hearing Officer or Appeals Officer level. If your underlying injury involves a repetitive stress condition or an occupational disease, the medical proof needed to win the appeal looks a little different, and we tailor it to your facts.

Cut-Off Benefits, MMI, And Low Rating Disputes

Not every fight starts with a flat denial. Sometimes the claim was accepted, the checks came for a while, and then one day they stopped. The insurer declares you at maximum medical improvement, says you can go back to work, or closes the claim. Each of those moves is a written determination, and each one can be appealed on the same ladder a denial uses.

A common pattern: the insurer sends you to a doctor it chose, that doctor writes that you are healed or can return to light duty, and the temporary total disability checks end based on that report. Your own treating doctor may strongly disagree. We put both opinions in front of the Hearing Officer and argue why the insurer-chosen exam should not control your future.

Then there is the rating. Once you reach maximum medical improvement, a rating physician assigns a permanent partial disability percentage, and that number drives a big part of what you are owed. A rushed exam or a lowball percentage can cost you real money, and you have the right to challenge it. How a rating turns into a payout is something we walk through on our workers comp settlement page, and if a third party outside your employer played a role, our third-party work injury page covers that path too.

A closed claim is not always a dead claim. If your condition gets worse after the file is shut, Nevada lets you ask to reopen it with proof of a change in your condition or new medical evidence.A strict one-year bar applies only in a narrow situation, claims that never met the minimum disability period and that got no permanent partial disability award, so most workers have more room than they think. We see this a lot with backs and shoulders that flare up months after a worker went back to a warehouse off the 215 Beltway or a job site near the airport. Bring us the new MRI or the surgeon's note and we will tell you whether a reopening request has a real shot.

The Injuries Insurers Fight Hardest

Denials cluster around injuries that are easy to blame on something else. Back and neck strains, shoulder and knee tears, repetitive motion damage, and conditions that build up over time are the ones insurers love to call pre-existing. If your back injury or another hard-to-see injury got denied for that reason, the right medical opinion often turns the denial around.

Denied workers' comp claim overview. Common reasons claims are denied: late reporting, not enough evidence, pre-existing condition, dispute about the injury, missed deadlines or paperwork errors. What to do next: do not panic, review the denial letter, gather strong evidence, file an appeal by requesting a hearing before a Hearing Officer through the Nevada Hearings Division within 70 days of the date the insurer mails its determination, and get legal help.
A denial is not the end of your claim. The reasons insurers give, and the moves that protect your appeal.
"Thank you very much, Erik and staff, for the very responsive and professional service my husband and I received in the last few months. We found Erik in the last quarter of 2019, but we started the process of filing our petition in February 2020. Shortly after, the COVID lockdown happened, and the process halted, but all through the months before the re-opening, we communicated with Erik and he had always responded to us assuringly. When the courts opened, his team worked with us fast. Erik, Gus, and Michelle) were with us every inch of the way, until we received a favorable decision. Thanks again with lots of grace and gratitude."
Alara Read this review on Google

Four Moves That Protect Your Appeal

You do not have to do all of this alone. Do what you can, and we will handle the filings.

1

Save The Letter

Keep the denial or cut-off letter and note the date on it. That date starts your appeal clock.

2

Keep Treating

Do not stop seeing your doctor. Gaps in care are the first thing the insurer uses against you.

3

Gather Records

Pull together your C-4 forms, work notes, pay stubs, and every medical record you can find.

4

Call Erik

We figure out the deadline, file the request for hearing, and build the medical proof to win it.

Nevada Appeal Deadlines Are Short

Under NRS Chapter 616C, you have 70 days from the date the insurer mails its written determination to request a hearing before a Hearing Officer, and the clock runs from that mailing date, not the day you open the envelope.If a Hearing Officer rules against you, the next step is a 30-day window to reach an Appeals Officer.Miss a deadline and you can lose the right to appeal. Talk to us the day your letter arrives so a deadline never decides your case for you.

More On Your Nevada Work Injury Rights

A denied claim usually sits inside a bigger work injury story. These pages cover the parts that connect to yours.

Denied Claim Questions, Answered Plainly

Read the denial letter and find the appeal deadline, then act before it passes. Nevada gives you a set window to request a hearing after the insurer or third party administrator sends a written determination, and missing that window can end your right to fight the decision. Do not sign anything, do not cash a final settlement check, and do not assume the denial is the last word. A denial is the start of the appeal process, not the end. Call us and we will read the letter with you and explain what the next filing actually is.
You have 70 days from the date the insurer mails its written determination to request a hearing before a Hearing Officer, under NRS 616C.315. The clock runs from the mailing date, not the day you read the letter, so the safest move is to treat the denial as urgent the day it arrives. If a Hearing Officer rules against you, you then have 30 days from that decision to appeal to an Appeals Officer under NRS 616C.345. If you are close to either deadline, call (702) 360-5000 right away so the request gets filed in time.
You can. When an insurer cuts off temporary total disability checks, declares you at maximum medical improvement, or closes your claim, that decision is itself appealable. They often stop payments after a doctor they chose says you can work, even when your own doctor disagrees. We challenge the basis for the cutoff and push to get benefits reinstated while the dispute plays out. Read more on how work injury benefits are supposed to work.
Most denials fall into a few buckets: the insurer says the injury is not work related, that you reported it too late, that a pre-existing condition is the real cause, or that there is not enough medical evidence in the file. Sometimes it is a paperwork error on a C-4 form. The denial letter has to state a reason, and once we know the reason, we know what evidence beats it. Each reason has a different fix.
Nevada runs denied claims up a ladder. First you request a hearing in front of a Hearing Officer through the state Hearings Division. If that goes against you, the next step is an Appeals Officer, who holds a more formal evidentiary hearing. After that, the path leads to the district court and, if needed, the Nevada Supreme Court. Each rung has its own deadline and its own rules of evidence, which is why people who go it alone often stumble on a technicality.
You are allowed to appeal on your own, but the insurer will have an experienced adjuster and often a defense attorney on the other side. The Appeals Officer stage works like a trial, with witnesses, medical records, and legal argument. Erik handles the filings, lines up the medical proof, and argues the case so you can focus on healing. See our main workers comp page for the full picture.
MMI means maximum medical improvement, the point a doctor says you are as healed as you are going to get. After that, a rating physician assigns a permanent partial disability percentage that drives part of your payout. A low rating means a low award, so these numbers get fought over hard. If the rating feels off or the exam was rushed, you can challenge it. Our settlement page explains how ratings turn into money.
Nothing up front. We work on a No Fee Unless We Win basis, so our fee comes out of what we recover for you, and we go over any case costs and expenses in plain language before anything moves. The first conversation is free and confidential, and we will tell you honestly whether the appeal has legs. You can reach us any time at (702) 360-5000.
It often does, because the physician the insurer picks tends to write reports that support cutting off care or returning you to work. That report is evidence, but it is not the final word. We can bring in your treating doctor and, when needed, an independent evaluation to counter it. A denial built on one insurer-chosen exam is exactly the kind of decision an Appeals Officer can overturn.
Pressure to return before you are ready is common, and a light-duty offer that ignores your real restrictions is something we can challenge. If the work goes against your doctor's limits, document it and tell us. Retaliation for filing a claim is not allowed in Nevada. If your situation started on a job site, our construction injury page covers related issues.
Your hearing runs through the State of Nevada Hearings Division, part of the Department of Administration, which holds Southern Nevada workers' comp hearings in Las Vegas. If the case climbs to a petition for judicial review, it lands in the Eighth Judicial District Court of Clark County, the Regional Justice Center on East Lewis Avenue downtown. Our office sits on St. Rose Parkway in Henderson, a few minutes off the 215 Beltway, so if you treated at St. Rose Dominican, Henderson Hospital, Sunrise, or UMC, you are close by. Bring your denial letter and we will sort out the next filing with you.
Often, yes. Nevada lets you ask to reopen a closed claim when you can show a change in your condition or new medical evidence, like a fresh MRI or a surgeon saying the injury got worse. A strict one-year reopening bar applies only in a narrow case: claims that never met the minimum disability period and that received no permanent partial disability award. So a closed file is not automatically the end. Send us the new records and we will tell you honestly whether a reopening request is worth filing.

Talk To Erik Before Your Deadline Passes

Bring the letter. We will read it with you, find the deadline, and tell you honestly whether the denial can be beaten. No pressure, no cost, no obligation.

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Attorney Erik Severino, Nevada Injury and Workers' Comp Law Firm
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Erik Severino, Attorney at Law

Licensed in Nevada since 2006 (State Bar of Nevada #10221). More than 20 years representing Nevadans against banks, insurers, and large corporations. Every client works directly with Erik, not a rotating cast of case managers.

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