Personal Injury Blog

Understanding Short Term Disability Laws in Nevada

Posted By Shook & Stone || 3-Dec-2018

If you have contracted an injury or illness and cannot return to work, you know the devastation it can cause. With the physical or mental injury comes thousands of dollars in medical bills, financial difficulties, and career pauses—not to mention the damage to your overall well-being.

The good news is that the state of Nevada has laws in place to ensure that workers receive fair short-term disability or temporary partial disability (TPD) benefits if they are injured and cannot return to work. Through Nevada’s worker’s compensation and disability laws, you can receive financial compensation for the injuries you have suffered, whether the injury is temporary or permanent. And with these benefits, you can ensure that you make it back to work as soon as you can.

In this article, we will go over the short-term disability and temporary partial disability benefits in Nevada, and how you can receive fair compensation if you have been injured to the point that you cannot work.

What Are Short-Term Disability Benefits?

Short-term disability exists to assist workers if they become injured to the point where they can no longer work for a specified amount of time. Short-term disability benefits make up for wages that may be lost if the worker is no longer able to perform their work duties. Medical bills may be covered by worker’s compensation laws.

If you were injured to the point where you can no longer work, it is imperative that you file for short-term disability benefits as soon as possible so that you can receive benefits right when you need them. Once filed, injured workers usually start receiving benefits in one to 14 days. Until these benefits kick in, injured workers may need to use paid time off or sick days.

How Are My Short-Term Disability Benefits Calculated?

To calculate your short-term disability benefits, you will need to determine the difference between your post-injury wages and your short-term disability benefits. In the state of Nevada, short-term disability benefits are generally 67 percent of the worker’s lost wages. Benefits can be received for 24 months at most.

For example, a worker normally earns $1,800 per month but is currently working at a light-duty job following an injury, earning $1,000 each week. If the worker was not able to work at all, their temporary total disability rate would be $1,200, or two-thirds of $1,800. They would then receive the difference between $1,200 and $1,000, or $200 per month.

When Am I Eligible for Short-Term Disability?

A worker is eligible for short-term disability if they have contracted an injury or illness that will prevent them from performing the regular work duties they performed before the injury or illness occurred. In some cases, pregnant mothers will also file for short-term disability to cover them after they give birth. Laws generally allow six to eight weeks of short-term disability benefits in this situation, depending on the type of birth and any complications.

You may also be eligible for short-term disability benefits under the following circumstances:

  1. You are able to work, but you earn significantly less than you did before due to your injury.
  2. You work a temporary, light-duty job at a lower wage because your duties are different after your injury, or you make the same amount, but your hours have been reduced.
  3. You have a permanent job within the restrictions of your injury but at a different rate of compensation. You hope to reach your previous level of compensation within the next two years.
  4. You work multiple jobs, but your injury prevents you from returning to all of the jobs.

You will continue to receive TPD payments until you are able to return to work on a full-time basis, or until you receive medical stability. If your doctor determines that you can return to work with some limitations pertaining to your injury, and your employer is able to provide you with part- or full-time work under these new limitations, you will not be eligible for TPD.

When to Hire a Short-Term Disability Lawyer

Navigating the world of short-term disability benefits can be very confusing—and if you have contracted an illness or injury, time is of the essence. Short-term disability lawyers are well-versed in the extremely specialized area of worker’s compensation and disability benefits. A short-term disability lawyer will ensure you receive the proper compensation and benefits you are entitled to under Nevada law.

With 85 years of combined legal experience, the personal injury lawyers at Shook & Stone can help you file or appeal your short-term disability claim. To get the short-term disability benefits you deserve, contact Shook & Stone for a free case evaluation at (888) 662-2013.

Categories: Short Term Disability
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