Workers' Compensation in Nevada
Nevada workers' compensation (referred to also as workers' comp, workmans comp, and work compensation) is designed to make sure that employees injured in work-related accidents or who contract occupational diseases receive some replacement income and medical benefits while they are healing or recovering. Because providing for these workers is so important, work compensation insurance in Nevada is required by Nevada state law. Most employees are covered; however, independent contractors may not be included in this coverage. Workers' comp claims are handled by the Nevada Workers' Compensation Section.
It is necessary for some workmans comp claims to be managed by a Nevada workers comp attorney in certain situations. For instance, if your employer is uninsured, underinsured, or uncooperative, or if there is a third person who was involved in your injury, your case may become complicated and a Nevada work compensation attorney is highly recommended.
Illnesses and Injuries Covered Under Nevada Workers' Compensation Law
Accidental Physical Injuries
- If an employee is accidentally injured at the worksite (by, for example, tripping, slipping, or falling). However, if a worker has a self-inflicted injury, was disobeying rules at the time of his injury, or was intoxicated or on drugs at the time of the injury, his injury may not be covered.
Occupational diseases
- Diseases that occur as a result of the natural course and scope of that particular employment. For instance, illnesses caused by hazardous conditions at the workplace.
Death
- Monetary benefits are payable to the survivors of deceased workers.
The Nevada Worker's Comp Claims Process
- Notify Your Boss
- Immediately tell your supervisor or manager about your injury. Your boss will then provide you with a " Notice of Injury or Occupational Disease-Incident Report" (Form C-1). You must then complete the form, and ask your employer to sign it. You must complete this form within seven days of receiving it, otherwise you may lose your eligibility for benefits or distribution of benefits may be delayed.
- Get Medical Help Promptly
- Get medical attention and make sure to tell the physician who examines you that your injury is work-related. The physician will provide you with an " Employee's Claim for Compensation/Report of Initial Treatment" (Form C-4). The medical provider will then forward the completed form to your employer and your employer's insurer. Once the C-4 has been completed, your claim has commenced. Please note that you have 90 days from the date of your injury or knowledge of the beginning of an occupational illness to file a claim. Failure to file within this time will result in your loss of income, permanent disability, and/or medical benefits.
- If you have questions about filing your claim, you should get in touch with a Nevada workmans compensation lawyer, who will answer your questions and help you with the process.
Benefits Received in Nevada Under the Workers' Compensation Program
Work compensation benefits in Nevada come in several forms. If you are unsure which benefits you are entitled to, you should talk to a Nevada work compensation attorney to discuss the following possibilities:
- Medical Treatment: Employees injured on the job will have medical bills (hospital, doctor, treatment, etc.) for treating their conditions paid by their employer's insurer directly to the treating doctor or hospital.
- Wage Reimbursement: Your mileage costs incurred in traveling to and from medical appointments for your injury will be reimbursed or paid by workmans comp insurance.
- Funeral: Must not exceed $10,000.
- Death: The amount of death benefits is dependent on whether the deceased worker has a surviving spouse or a surviving spouse and children.
- Vocational Rehabilitation:
Possible if the employee's physical impairment is permanent and makes it impossible for him to return to his old job.
- Income Benefits: benefits available in Nevada:
- Temporary Total Disability Benefits (TTD for short): You are unable to work for at least 5 consecutive days because of your injury or illness and thus may receive 2/3 of your average weekly wages at the time of your injury each week.
- Temporary Partial Disability Benefits (or TPD for short): The employee is injured, but can do some work, though not at the same wage rate or for the same amount of hours. If the worker's current wage is less than his pre-injury wage, he is entitled to the difference between his TPD wage and his wage at the time of his injury. These payments may only be made for 24 months.
- Permanent Total Disability Benefits (PTD for short): The injured or sick worker must be medically certified as permanently completely disabled and unable to find gainful employment. If this is the case, he will be entitled to 2/3 of his average monthly wage. The amount of the payments may be reduced if the worker previously received PPD benefits.
- Permanent Partial Disability Benefits (PPD for short): When the employee's occupational disease or injury has reached its maximum improvement, but will also impair the worker (i.e.-loss of a hand or leg). The amount of the benefit will depend on the degree of your permanent disability, the date of your injury, and your age and wage.
Why Hire a Nevada Workers' Comp Lawyer?
Denial of a workers' comp claim can have serious consequences for you and for your family. If you are facing a significant period of disability, or your injury is challenging to prove, you should consider hiring a Nevada work compensation lawyer. A Nevada workers comp lawyer can explain the Nevada workmans comp process to you, assist you in filing your claim, and counsel you and argue for you in the event that your claim is disputed or denied. A Nevada workers comp attorney can also discuss with you your available compensation alternatives and your chances of recovery.
Nevada Workers' Compensation
Workmans compensation sections of the Nevada Revised Statutes:
- Employers Subject To Workers' Compensation
- Labor and Industrial Relations, Chp.616A.
- Covered Employees
- Labor and Industrial Relations, Chp.616A.
- Benefits
- Labor and Industrial Relations, Chp.616C.
- Claims Procedure
- Labor and Industrial Relations, Chp.616C.