An Overview of Nevada Workers’ Compensation Benefits
After an injury, you may have questions about the Nevada Workers’ Compensation Benefits. Counselors from the Wood Law Group can help. Call for a consultation.
What Are Workers’ Compensation Benefits in Nevada?
If you got injured on the job or sick due to your job function, you might be eligible for workers’ compensation in Nevada. The primary aim of the compensation is to support the injured worker, help them offset their bills and medical expenses, and get the injured worker back on their feet and to work again as much or as soon as possible.
Workers’ compensation benefits are regulated by state law which varies across all 50 states. Each law determines the scope of benefits an injured or sick worker can get and the procedure for obtaining such benefits. In some states, the injured worker is required to prove the employer’s negligence or fault concerning the work injury.
However, the law in Nevada is different. Nevada is a ‘no fault’ workers’ compensation state, meaning that injured workers do not need to prove their injury was due to their employer’s negligence. The only required proof is that the employee sustained the injury within the scope of the employer’s business.
An employee who can establish this would normally be entitled to monetary compensation, including lump sum settlement for permanent disabilities suffered, bills for medical treatment, and compensation for lost wages.
However, there are different workers’ compensation benefits, and the exact one you get depends on your injuries. If you or your loved one has suffered a work-related injury, ill health, or death, it is important that you’re aware of the possible benefits you can get under Nevada law. Read on to learn more.
Types of Workers’ Compensation Benefits in Nevada
Nevada employers are required by law to pay for workers’ compensation insurance for their employees. The insurance companies are, in turn, responsible for paying out workers’ compensation benefits to injured employees. Individuals whose employers disregard this legal requirement can seek redress in court with the help of a workers’ compensation attorney.
The types of benefits you can receive under Nevada law include the following:
Temporary Disability Benefits
By Nevada law, temporary disability benefits can only be paid for an injury that hinders the employee from working for at least five consecutive days.
This class of benefits is divided into two categories- temporary partial disability and temporary total disability benefits.
Temporary Total Disability
These benefits are meant to replace an employee’s lost wages and are calculated as two-thirds of an employee’s average monthly wage. There is, however, a maximum amount that is adjusted annually.
It is paid until:
- The employee is capable of working again.
- The employer offers the employee some other ‘light duty‘ work that takes into account their diminished current abilities.
- The employee’s physician determines that they have reached maximum medical improvement status and would not get better with continued treatment.
Temporary Partial Disability
Benefits received for this class of disability accrues to an employee who is still able to work but is earning less than they normally would due to a work injury or occupational disease.
This category of compensation is calculated as the difference between the employee’s current earnings and the amount they would receive if they were temporarily totally disabled. This helps to minimize the employee’s financial losses and reduce their burdens.
Nevertheless, temporary partial disability benefits do not last forever. Nevada law limits the compensation period for such benefits to a maximum of 24 months.
Permanent Disability Benefits
This class of benefits is divided into permanent partial disability and permanent total disability benefits.
Permanent Partial Disability Benefits
According to Nevada law, compensation for permanent partial disability is calculated based on the physician’s assessment of the injury. The physician calculates the extent of the person’s disability as a percentage of the whole person (100%), and they receive 0.6% of their monthly wage for every percentage of impairment.
For example, the physician could assess a claimant as being 10% disabled. In that case, if the person used to earn $1000, they would receive $60 monthly as partial impairment compensation (since 0.6% of $1000 is 6). Compensation is paid until the claimant reaches seventy years of age or for the next five years, whichever comes first. In certain situations, a claimant may elect to receive their permanent partial disability compensation in a lump sum. You can contact your attorney to confirm your eligibility here.
Permanent Total Disability Benefits
Certain injuries are considered total and permanent by law, including complete blindness and injury to the spine leading to complete and total paralysis. The compensation amount for permanent total disability is two-thirds of the individual’s average monthly wage. The payments continue until the insurance company can prove that the permanent total disability no longer exists.
Death Benefits
Death benefits are payable to the dependents or surviving spouse of an employee who dies due to an injury sustained during their employment. The benefit is calculated as two-thirds of the average monthly wage of the deceased employee.
Apart from the monthly payments, the dependents can claim fees for burial expenses up to the sum of $10,000 plus the cost of transporting the remains of the deceased under Nevada law.
Other Worker’s Comp Benefits
An injured employee may be eligible for other workers’ compensation benefits that do not fall within the abovementioned categories. Some of these benefits include the following;
- Payment for all medical costs related to the injury or illness
- Payment for rehabilitation services
- Mileage reimbursement for travel expenses for medical treatment.
Ineligibility for Nevada Workers Compensation Benefits
Although the Nevada workers’ compensation system is a no-fault type of employee insurance, certain circumstances may prevent a person who would ordinarily qualify from receiving compensation. They include:
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Filing the workers’ compensation claim or reporting the injury too late: In some circumstances, an untimely notice of the injury to the insurance company can prevent a compensation claim from succeeding.
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Substance abuse: Where the employee has drugs or alcohol in their system at the time of the accident, it could lead to an assumption that the alcohol or drugs caused their accident. In such cases, the employee’s compensation claim could be affected adversely.
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Fraudulent or suspicious injury: If it can be determined that the employee got injured deliberately or misrepresented certain facts to receive the benefits, they would be denied compensation. In addition, such a person may face legal consequences.
Why Hire an Attorney?
There are several reasons to hire an attorney when claiming workers’ compensation benefits. An attorney can assess your case and medical records and determine the compensation amount owed to you following established legal principles.
Furthermore, hiring an attorney could reduce the risk of your claim getting rejected upon application. If your claim has already been rejected, an attorney can help you look into the matter, seek adequate redress, or help you reapply properly. An attorney could also help you reopen an old claim if need be.
Additionally, if the insurance company is inconsistent with making payments as of when due, you can seek redress with the help of an experienced lawyer. This also applies if you are the dependent or spouse of a deceased worker who is already dealing with the difficult probate resolution process in Nevada. Your attorney can reduce your stress and help you obtain the death benefits for your loved one.
Dealing with work-related injuries is challenging, and you shouldn’t have to add the stress of getting compensated to your situation. Consider contacting a workers’ compensation attorney to help you resolve any issues you might have with the process and getting results.
If you have further questions about your Nevada workers’ compensation benefits or need help beginning the process, contact us at Wood Law Group today. You can set up a free consultation here and let our trusted workers’ compensation attorneys handle everything else.
