Workers' compensation or workman's compensation is offered to Nevada employees who are injured at work. Workman's compensation is no-fault insurance purchases by the employer at no cost to the employee. It provides medical benefits and wage-loss compensation to injured workers.
Workman's compensation was established in most states in the early 1900's and eliminated the need for the Nevada employee to file a civil injury claim for damages. Now the employee is entitled to immediate benefits without a lengthy and contentious court battle. The trade-off for the employee is they may receive less than they could have won through a civil suit and the employer must purchase insurance for most of their employees, thus incurring extra costs for doing business.
Workman's compensation in Nevada is administered by the Nevada Department of Business and Industry whose mission it is to "impartially serve the interests of Nevada Employers and Employees by providing assistance, information, and a fair and consistent regulatory structure through timely and accurate delivery of workers' compensation benefits and compliance with mandatory coverage provisions".
If you have suffered a permanent, disabling work injury or if you have been denied workers' compensation, contact a Nevada workman's attorney. Work injury lawyers understand the complexities of Nevada workers' compensation laws and can ensure you get the help you need.
Find a Nevada workman's attorney who has represented other clients that have suffered similar work injuries, and make sure they can represent you at all levels of your Nevada workers' comp case.
Most work injuries which occur in the normal course of employment will be covered by workers' compensation. Common work injuries or occupational illnesses which are generally insured include the following:
Bone fractures, Carpal Tunnel Syndrome, Hernia, Torn Rotator Cuff, Torn Meniscus, Bulging disc, Stroke, Concussion, Asbestosis exposure, Post Traumatic Stress Disorder (PTSD), Chronic Obstructive Pulmonary Disease, General Anxiety Disorder
Nevada work injuries may not be covered if the employee was not performing their usual business, occupation or trade, the employee was willfully negligent at the time of the work injury, the employee was traveling to or from work, the employee was intoxicated, or the employee was intentionally trying to hurt themselves or another person.
Nevada worker's compensation benefits for injured workers can include: medical benefits, temporary partial disability benefits (TPD), temporary total disability benefits (TTD), permanent partial disability benefits (PPD), permanent total disability benefits (PTD), vocational rehabilitation and death benefits for surviving beneficiaries.
Medical Benefits - Medical benefits may be provided to the injured employee at no cost and may include all necessary and reasonable medical services. Common medical benefits include hospitalizations, prescribed medications, laboratory services, and doctor's visits.
Employees may be required to select a treating physician from a list of physicians provided the workers' compensation insurance company if the employer has contracted for medical services through a preferred provider organization or managed care organization. Talk to your employer prior to making any decisions regarding medical care.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits may be provided to employees who are injured at work and unable to return to their job due to the Nevada work injuries. TTD benefits are provided after an injured employee is unable to work for at least 5 consecutive days or 5 cumulative days in a 20 day period.
TTD benefits are paid at 66 2/3% of the injured employee's average monthly wage and are paid until the treating doctor indicates the employee is able to return to either full or modified employment.
Temporary Partial Disability benefits (TPD) - Temporary partial disability benefits may be paid to Nevada employees who are injured at work and able to return to their jobs but due to their work injury are unable to make the same wage. TPD benefits are paid for a total of 24 weeks. TPD benefits are calculated as the difference between the wage prior to the work injury and the wages the injured employee currently makes.
TPD benefits must be paid within 14 days from the date the insurer receives proof of the temporary partial disability. Permanent Partial Disability Benefits (PPD)
Permanent partial disability benefits are paid when a Nevada work has reached their maximum medical improvement level, but due to their work injury, they have residual disabilities or injuries. A doctor will calculate the impairment percentage using the criteria in the AMA Guides to Evaluation of Permanent Impairment (currently the 5th edition).
The impairment guide provides detailed instructions on how to rate the impairment of each body part and the PPD compensation amount is calculated based on the determined percentage of the impairment and the average monthly wage of the employee and the employee's age. Under some conditions the injured work may be able to receive their PPD award in a lump sum payment or installments.
Permanent Total Disability Benefits (PTD) - Permanent total disability benefits are paid to employees who have been injured on the job and are unable, due to their work injury, to return to any type of employment. PTD benefits are paid at 66 2/3% of the worker's average weekly wage.
PTD benefits are paid one time per month. More information for permanent total disability benefits can be found in the NRS 616C.425 and NRS 616C.345.
Vocational Rehabilitation Services - Vocational rehabilitation services may be offered to disabled workers who are unable to return to their previous job. Nevada's vocational rehabilitation services can include job training, job placement, job assessments, and job counseling. The goal of all rehabilitation services is to help the injured employee find new employment or return to their previous job.
Death Benefits - Death benefits are provided to surviving spouses and children of workers who died from their work injuries. Death benefits are paid as a percentage of the worker's wage (up to a maximum established under Nevada state law).
Burial allowances are also provided up to the state's cap.
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