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Workers' Compensation

If you are injured while at the workplace, there are a series of laws that govern the basic tenets of the situation. Nevada has passed specific statutes that govern several issues relating to workers’ compensation, and one of the areas of law that dictates how such an issue is handled deals directly with compensation for work injuries. Below is an overview of how these laws work and what you can expect in terms of compensation if you are injured while working.

Nevada Workers' Compensation Statutes

In Nevada, there are several abbreviations used that you will come to understand if you are injured in the workplace. A few relevant terms to the issue of compensation include:

  • TTD – Temporary Total Disability
  • TPD – Temporary Partial Disability
  • PTD – Permanent Total Disability
  • PPD – Permanent Partial Disability
  • AMW – Average Monthly Wage.

 

TTD

In terms of what a worker would be entitled to if he or she is injured while working, the first classification that needs to be made is whether or not the worker is permanently or temporarily disabled. The amounts to which an injured worker is entitled is at least partially determined by statute. If it’s decided that a worker should receive temporary total or permanent partial disability compensation, the monthly amount payable is 66.6% of the worker's average monthly wage up to the maximum rate in effect on the date of injury.  For FY 2009 (July 1, 2008 – June 30, 2009), the maximum considered wage for this calculation is $5,116.24, which after multiplying by 66 2/3% yields a maximum monthly disability compensation of $3,410.82.

Generally, an injured worker’s gross wages a calculated based on wages earned during the 12 weeks before the date of the injury.  Any overtime wages the injured worker earned during  those 12 weeks are included. An injured worker can request that the insurer use a one-year earnings history instead of a 12-week earnings history if that would result in a higher average monthly wage. injured workers are entitled to TTD benefits if certified by their physician to be off work for more than five days in a row, or five days within a twenty-day time period.  If a worker has not worked for 12 weeks before the date of their injury, or if the worker is paid by piece, or union employees, or other individuals with special circumstances. The law also requires insurer's exclude days from the calculation if the employee had a certified illness or absence from work so that the average monthly wage calculation is not unfairly too low.   Injured workers who were working for more than one employer at the time of their accident may have the wages of the second employer, called the concurrent employer, included in the average monthly wage calculation. However, it is up to the injured worker to notify the adjuster that there is a concurrent employer and to supply that wage information to the adjuster. These terms are variables that are used to compute compensation to which the injured worker is entitled while he or she is unable to work.

 Do I need a Worker's Compensation Lawyer

The reality is most injured workers do not need a lawyer to handle their claim. For minor accidents involving a quick trip or two to a clinic for medical care , no lawyer is necessary. However, for more serious claims, hiring a lawyer can provide valuable assistance during a traumatic time. Aside from making sure that you obtain all the medical and compensation benefits you deserve, can forestall problems before they arise.  If these issues are not handled properly, they can substantially delay or diminish benefits you would otherwise be entitled to receive.