Las Vegas Workers' Comp Lawyers
Shook & Stone is committed to achieving results for our clients
Being injured while on the job in Nevada can be a devastating occurrence and many of these injuries can keep a victim from being able to work for an extended period of time. Being put out of work due to an injury can quickly lead to costly medical bills for treatment of the injury and an inability to pay them due to being injured. Thankfully, workers’ compensation insurance allows for workers to seek out financial assistance in recovery from their injuries and paying the bills caused by an on-the-job accident.
The process for finding work injury benefits can often be confusing and drawn out. At Shook & Stone, our Nevada workers’ compensation attorneys understand the complicated rules surrounding work injury claims and can represent you as you file for workers’ compensation benefits. To better understand this process, we have provided a look at workers’ compensation rules and what you may encounter in your search.
Nevada Workers' Compensation Injuries
In Nevada, a worker must prove the scope of his or her injury and how they are affected by it. While each injury is different, there are several categories that summarize the type of work injury that it is. These types of injuries include:
- Temporary/Permanent Partial Disability: A partial disability affects the abilities of a worker, but does not prevent him or her from being able to work in some capacity. As such, a victim may be able to continue his or her job, work in a new job with the same employer, or be trained for a different line of work. Examples include broken bones, sprains, and some paralysis and effects can be lifelong or temporary.
- Temporary/Permanent Total Disability: A total disability prevents a worker from being able to perform any type of job duties in any field, either for a finite period of time or for the rest of his or her life. Common total disabilities include brain trauma, spinal cord injury, paralysis, blindness, and loss of limb.
Calculating Workers’ Compensation Benefits
When determining what compensation a worker is entitled to for his or her work-related injuries under Nevada law, it must be proven whether the injury is permanent or temporary. If the worker receives temporary total disability compensation or permanent partial disability compensation, the monthly amount payable is 66.6% of his or her average monthly wage. However, there is a maximum rate for compensation determined by the state, and whatever the maximum rate was on the date of the disability-causing injury, the compensation can be subjected to that cap. For example, for Fiscal Year 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 are calculated on wages earned during the 12 weeks before the occurrence of the injury, including any overtime wages earned. To find a higher average monthly wage, a worker may request that his or her one-year earnings be used instead.
Injured workers are entitled to temporary total disability 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 prior to the injury, is paid by piece, is a union employee, or has special circumstances, there are various regulations concerning his or her benefits. The law also requires insurers to not count days affected by a certified illness or absence from work so that the wage calculation is not unfairly low. Those working for more than one employer when injured may have their wages from the second employer, also known as the concurrent employer, included in the calculation. In order to receive such inclusion, the injured worker must notify the adjuster and supply the information to him or her.
Do I Need a Workers’ Compensation Lawyer?
The reality is most injured workers do not need a lawyer to handle their Las Vegas workers’ compensation 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 Las Vegas personal injury attorney can provide valuable assistance during a traumatic time to make sure you obtain all the benefits you deserve and forestall problems before they arise. If issues that arise when seeking compensation are not handled properly, they can substantially delay or diminish benefits you would otherwise be entitled to receive.
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