Nevada's Hidden Gem for Workers: The Underutilized Lifeline for Injured Employees

The Silent Champion of Nevada’s Workforce

In the complex landscape of workers’ compensation law, where injured workers often find themselves navigating a labyrinth of paperwork, deadlines, and legal technicalities, the Nevada Attorney for Injured Workers (NAIW) agency stands as a remarkable yet largely unknown resource. This state agency, operating within the Department of Business and Industry, represents one of the most effective public service programs in Nevada’s governance structure. With nine attorneys in Las Vegas, four in Carson City, and twenty support staff, NAIW handled approximately 650 cases last year while maintaining the capacity to manage up to 1,000 cases annually. What makes this agency extraordinary isn’t just its efficiency or success rate—it’s the fundamental justice it provides to vulnerable workers who might otherwise face their legal battles alone or financially burdened by private attorney fees.

The agency’s administrator, Maria Atkinson, brings both expertise and passion to her role, having transitioned from over twenty years in private practice to public service. Her appointment in July of last year marked a significant commitment to strengthening this vital public institution. Under her leadership, NAIW achieved a perfect record in 2025, winning all ten of its appeals to the Nevada District and Supreme courts. This success becomes even more impressive when considering that the agency doesn’t selectively choose its cases like private firms do—it serves all who qualify for its assistance, achieving a 53% win rate across 654 compensation cases in the last fiscal year.

How Nevada’s Workers’ Compensation System Functions

The workers’ compensation ecosystem in Nevada operates through a carefully designed funding mechanism that deserves public recognition. Contrary to what many might assume, NAIW’s operations don’t burden taxpayers. The entire system is funded through employer-paid premiums and insurer-paid assessments, which flow to the Division of Industrial Relations to support both the Department of Administration Hearings Division and NAIW. This self-sustaining model represents thoughtful governance—a system where those who benefit from Nevada’s workforce contribute to protecting workers when injuries occur.

When a worker’s compensation claim faces denial or partial acceptance, the injured employee has 70 days to appeal to the hearing division. At this initial stage, workers can represent themselves or hire private counsel, but they aren’t yet eligible for NAIW’s representation. Approximately ten days after the hearing, the worker receives a written decision. If dissatisfied, they have 30 days to appeal to the appeals officer, and at this critical juncture, they can request NAIW’s free representation. The tragedy is that many workers never reach this point properly prepared—or worse, they never discover this free option exists.

Maria Atkinson notes that many claims are denied simply because workers “didn’t follow the right steps and adhere to the right deadlines.” This procedural vulnerability highlights why NAIW’s informational services are equally crucial. Last fiscal year, the agency fielded 1,154 information calls from Nevadans seeking guidance about the workers’ compensation system. These calls represent early intervention opportunities—moments when proper guidance can prevent procedural missteps that might otherwise derail legitimate claims.

The Historical Context and Modern Challenges

NAIW’s creation in 1977 responded to a specific injustice: Nevada workers were being left without adequate legal representation because private attorneys were largely unavailable for workers’ compensation cases. The state recognized that requiring injured workers to navigate complex legal processes alone created systemic inequality. Instead of allowing vulnerable citizens to fend for themselves, Nevada established an agency dedicated to leveling the playing field.

Nearly five decades later, the challenge has evolved but remains fundamentally about access to justice. Today, private counsel exists but operates on a revenue-based model that necessarily prioritizes cases with sufficient financial returns. As Republican state Sen. John Ellison noted during a legislative Interim Committee on Commerce and Labor meeting, workers are often told they’ll receive “all this money” only to discover that “the attorneys get most of it.” Ellison’s observation that “I believe in private enterprise but sometimes it goes a little too far” underscores the essential balance NAIW provides in the legal landscape.

The recent legislative focus on workers’ compensation, particularly through November’s special session and Senate Bill 7, which extends coverage to first responders with job-related health issues, highlights the ongoing importance of these protections. Republican state Sen. John Steinbeck, a retired Clark County fire chief, raised concerns about cases involving firefighters and police officers being “consistently denied” initially but “consistently won” on appeal. While NAIW rarely handles these specific cases today (as they’re typically represented by private counsel), the pattern illustrates systemic issues that NAIW’s existence helps address.

A Democratic Imperative: Why Public Awareness Matters

From a democratic perspective, the underutilization of NAIW represents a failure of public communication that has real human consequences. When a state creates an institution designed to protect citizens’ rights and ensure equal justice, but citizens remain unaware of its existence, the social contract suffers. Every injured worker who pays private attorney fees for services available for free represents not just a personal financial loss but a collective failure in governance transparency.

Maria Atkinson’s commitment to increasing NAIW’s visibility—including plans to engage with law students at UNLV’s William S. Boyd School of Law—reflects understanding that public institutions only fulfill their purpose when the public knows about them. Her statement that “I want Nevada to succeed in every way and that includes helping the people here, especially our injured workers” embodies the spirit of public service that strengthens democratic institutions.

The statistical reality that NAIW wins 53% of cases without cherry-picking, while private firms presumably achieve higher rates by selecting only strong cases, demonstrates the agency’s commitment to serving all workers, not just those with the most straightforward claims. Atkinson rightly notes that “winning 50% of cases that nobody wanted or gave up on is not a bad score at all.” This philosophy—that sometimes “it’s about the fight and not necessarily the win”—represents a depth of commitment to justice that transcends mere metrics.

The Moral Dimension of Workers’ Rights

At its core, the story of NAIW touches on fundamental questions about how a society treats its workers. The workers’ compensation system exists because we’ve collectively decided that employees injured while contributing to economic production deserve protection and support. When that system becomes so complex that workers need professional guidance to navigate it, the moral imperative emerges to ensure that guidance is accessible regardless of financial means.

The case Atkinson mentions—where NAIW represented the widow of a Reno police officer who died from heart disease, ultimately winning benefits at the Nevada Supreme Court—illustrates the profound human impact of this work. These aren’t abstract legal proceedings; they’re matters of survival, dignity, and justice for people at their most vulnerable moments.

From a constitutional perspective, access to justice represents a foundational principle often overshadowed by more visible rights. While the Constitution doesn’t explicitly guarantee free legal representation in workers’ compensation cases, the spirit of equal protection and due process necessitates systems that prevent economic status from determining legal outcomes. NAIW embodies this principle in action, serving as a practical manifestation of constitutional values.

Strengthening Institutions Through Visibility and Support

The path forward requires concerted effort to elevate NAIW’s profile while protecting its institutional integrity. Several key actions would strengthen this vital resource:

First, Nevada’s legislative and executive branches should prioritize funding for outreach and education about NAIW’s services. This isn’t about expanding the agency’s budget for operations—since it’s already funded through the workers’ compensation system—but about ensuring that the public resources already invested deliver maximum public benefit.

Second, partnerships with labor unions, industry associations, and medical providers could help spread awareness at the moments when workers most need this information—immediately following workplace injuries. Doctors treating injured workers, employers filing incident reports, and union representatives supporting members should all have readily available information about NAIW.

Third, the agency’s success deserves celebration as a model of effective governance. In an era of widespread skepticism about government effectiveness, NAIW demonstrates how focused, well-designed public institutions can deliver exceptional value. Its perfect appellate record and commitment to taking difficult cases should be highlighted as evidence that government can work efficiently and compassionately.

Conclusion: Justice Shouldn’t Be a Secret

The Nevada Attorney for Injured Workers agency represents precisely the kind of institution that strengthens democracy—a practical mechanism ensuring that legal rights aren’t theoretical but accessible. That it remains underutilized due to lack of awareness constitutes both a challenge and an opportunity. The challenge is reaching every Nevada worker who might benefit from its services. The opportunity lies in demonstrating how transparent, effective government institutions can make tangible differences in citizens’ lives.

Maria Atkinson’s personal journey from private practice to public service—driven by wanting “to help people and not be tapping on doors saying ‘numbers are due’“—symbolizes the values that should guide public institutions. Her commitment as a “native Nevadan, born and raised here” who takes this work “to heart” reflects the localized dedication that makes democracy vibrant.

As we reflect on the importance of preserving democratic institutions and ensuring equal justice, NAIW stands as a testament to what’s possible when government focuses on serving its most vulnerable citizens. The work continues not just in courtrooms but in spreading the word that no injured worker in Nevada should face their legal challenges alone or financially burdened when a free, effective alternative exists. In the end, justice shouldn’t be a secret—it should be accessible to all, exactly as NAIW’s founders envisioned nearly fifty years ago.