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Nevada Workers' Compensation
By Jane Mundy
Workers' Compensation is insurance coverage purchased by the employer/business that provides workers' benefits for job-related employee injuries. Nevada law requires all employers to purchase Nevada workers' compensation coverage (with a few exceptions). Some workers may have unreasonably been denied their Nevada workers' compensation benefits or may find they have long waits for their benefits to kick in. In such cases, Nevada workers’ compensation lawsuits can be filed to ensure the employee's rights are protected.
Nevada Workers’ Compensation is a no-fault insurance program that provides benefits to working individuals who are injured while on the job. In Nevada, the Division of Workers' Compensation within the Department of Financial Services ensures that employees receive proper compensation, which includes:
Nevada Workers’ Compensation
If you are uncertain that your employer has workers' compensation coverage, it is important that your medical care professional providing you treatment be advised. Depending on the circumstances of your case, you may be entitled to receive benefits from the Nevada Uninsured Employer Account.
It is important to have an experienced Nevada workers’ comp attorney advising and protecting you against unfair or questionable practices. Further, if the insurance company proves that you can work at any job, even at a reduced salary, you may be forced to return to work and put your health at risk.
You have 90 days from the date of your injury or the date you first learned of your occupational disease to file a workers' compensation claim.
Nevada Workers Compensation Claim
All workers' compensation claims must have a Form C-4, Employee's Claim for Compensation/Report of Initial Treatment, completed.
Next, your medical provider has three days from the date of your treatment to forward the C-4 to both your employer and your employer's insurance provider.
Your employer's insurance provider has 30 days from the receipt of the C-4 to accept or deny your claim. If your claim has been denied, you may request a hearing within 70 days from the date of the insurer's determination or to an appeal's officer within thirty 30 days.
It is your right to request a copy of a Physician Progress Report (PPR) from your doctor. It gives a brief diagnosis, treatment plan, any work restrictions or off-work instructions by the doctor, and the date of the next office visit.
It is important to obtain a copy of a dictated report given to your insurer by your doctor after each visit. You can get the dictated report from your insurer: again, it is your right. This report could have errors that may hinder or deny your claim. For instance, your doctor may have misunderstood how your injury happened and writes the wrong information. Perhaps your doctor writes that you declined certain treatment or that you have pre-existing problems in the same body part. You might also discover that your doctor is telling you one thing, but writing something else. Doctors are busy and often fill out paperwork reluctantly and hurriedly.
Lost wage compensation amounts are based on a percentage of your average weekly wage at the time of the injury and all benefits are subject to the minimum and maximum amounts set by Nevada law. If you are off work 20 days or less, there is no lost wage compensation paid for the first five days after your date of injury. If you are unable to work 20 or more days, lost wage compensation begins the day after your injury. All compensation benefits are subject to minimums and maximums.
Nevada Compensation Amounts
Temporary Total Disability (TTD) TTD is paid when you are temporarily unable to work at all. Lost wage compensation for temporary partial disability is calculated at 67% of lost wages.
Types of Compensation
Temporary Partial Disability (TPD) TPD is paid when you are temporarily working reduced hours or at a reduced rate of pay because of your injury or illness. Lost wage compensation for temporary partial disability is calculated at 67% of lost wages, never to exceed the TTD rate. TPD is paid for a maximum of 24 months.
Permanent Partial Disability (PPD) PPD is paid when your accident or illness causes a permanent impairment, generally a loss of physical function. Your treating physician should determine the percentage of impairment after you have reached maximum medical improvement or medical stability. PPD is paid every two weeks until the award is paid in full.
Permanent Total Disability (PTD) PTD is paid if you are permanently disabled from performing any type of gainful employment. If it is determined that you are totally and permanently disabled as the result of a job-related injury or disease, income benefits are available for an extended period of time. The benefit amount is based on 66-2/3rds of the employee’s average monthly wage. The amount of the PTD benefit may be reduced for a previously paid PPD award.
Death Benefits If an employee dies because of a work-related injury or disease, workers compensation insurance will pay burial expenses up to $10,000.00, plus the cost of transporting the remains of the deceased employee. Survivor benefits are apportioned between a surviving spouse and all dependent children. Funeral expenses may also be available for dependents if the death of a dependent occurs within the time that benefits are payable.
A young man was killed at a school construction site when a Bobcat he was operating went through a second floor window opening out of which debris was being dumped. He left a 7-year-old son for whom he was paying $50.00 per week to support. More than $350,000.00 was recovered for the son in the workers' compensation case. In the wrongful death case against the general contractor and others, a $900,000 settlement was reached. Portions of both the workers' compensation and wrongful death recovery were put into structured settlements for the son who will receive annuity payments for life. The total benefits received will total more than $1.7 million.
Nevada Workers' Compensation Settlements
A 30-year-old man was working in maintenance for a Massachusetts packaging company. He was struck on the head by a tire rim while changing a truck’s tires on the premises. The employer was cited by OSHA for its failure to comply with regulations regarding risks associated with servicing multi-piece tire rims. All workers' compensation claims were resolved at the mediation for $750,000.00 with liability. In addition, the parties agreed to a future lien recovery of approximately $1.5 million.
Nevada Workers' Compensation Legal HelpIf you or a loved one has suffered a loss as a result of Denied Workers' Compensation, please click the link below and your complaint will be sent to a lawyer who may evaluate your Nevada Workers' Compensation claim at no cost or obligation.
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