How is workers’ compensation eligibility determined in Nevada? In Nevada, eligibility for workers’ compensation is available if you can show that your injury or illness is directly related to and occurred or otherwise arose out of the normal course of your employment.
You must meet other criteria as well, including reporting the injury within seven days of it occurring, seeking treatment from approved workers’ compensation medical providers, and submitting a formal claim within 60 days. You should also discuss your case with a Las Vegas workers’ compensation lawyer.
Factors That Contribute to Workers’ Compensation Eligibility in Nevada
If you have been injured while working and your injury prevents you from returning to work, you may be eligible for Nevada workers’ compensation benefits. Unfortunately, it is not always easy to receive fair compensation through this process.
Anyone seeking assistance with their medical bills and lost wages while healing would be well advised to contact an experienced Nevada workers’ compensation attorney.
We strongly suggest seeking a workers’ compensation attorney in Nevada if you have already applied for coverage and received a denial. We can help you do this so you can receive maximum benefits.
Determining eligibility for workers’ compensation insurance can be a complicated process. Workers seeking support for their injuries must prove that their injury occurred during work-related activities and that it prevents them from working. The extent of the injuries and whether they are permanent or temporary will affect the amount of compensation available.
What Is Required to Obtain Workers’ Compensation in Nevada
To receive workers’ compensation benefits, the worker must be either temporarily or permanently unable to work. This means meeting the Nevada workers’ compensation law from the workers’ compensation board’s definition of being unable to work based on the specific types of injuries and illnesses you sustained.
Here is what the process looks like for most people:
- Employment status clarification. Employers with at least four employees in Nevada are typically required to provide workers’ compensation coverage. To receive it, you must be an employee of the company. This coverage does not apply to independent contractors or third parties working with the company.
- Show the injury was work–related. To do this, you must demonstrate that the injury or illness you have was the direct result of the work you were doing and happened in the normal course of business. It does not apply to situations where you are reckless or instances when you are hurt outside of work-related tasks. You must have been performing job duties at the time of the injury.
- Provide medical evidence. After your injury, you must seek medical care from a workers’ compensation-approved provider. When possible, ask your employer for a list of local, nearby providers to avoid delays in receiving care. The physician must be approved by the insurance company. Medical evidence must be clear to show what your injury is.
- Communicate with your employer about the injury. Typically, you should inform your employer about the injury immediately after it occurs. However, the law provides you with seven days to take action to notify the employer of the injury. To do this, you must fill out C-1, a form provided by your employer.
- Follow through with medical care. Complete all appointments and medical care rehabilitation. Do not return to work before your doctor tells you you can.
- File a claim within the required timeframe. You must file a formal claim to request workers’ compensation if you cannot work. This is done through form C-4. You have 90 days from the date of the incident to do this. This form is a claim for compensation and a report of the initial treatment you received, completed by you and your doctor.
Your employer will need to submit a wage verification form, called the D-8, within six working days of receiving the C-4 form. This occurs when the C-4 indicates you will be unable to work for five consecutive days or more than five days within any 20 days.
Determine the Type of Benefits You Can Receive
Workers’ compensation benefits will cover a temporary total disability (when the victim is unable to work but will recover), permanent total disability (the victim will never be able to work again), or permanent partial disability (the worker can return to work but will never fully recover).
Availability benefits that may apply in your situation include:
- Temporary total disability: The TTD payment is 66.66% of your wage and is paid to you bi-weekly if you cannot work for a period of time at all, or the employer cannot meet specific modifications.
- Temporary partial disability: In situations where you can work but you cannot work as you did due to injuries, you may receive supplemental wages. This is 66.66% of the difference between what you earned previously and what you earn now due to your injuries.
- Permanent partial disability: This is a lump sum, typically paid if you cannot continue to do the same type of work tasks because of your injury and will not be able to do so in the future. The percentage is dependent on the severity of your injuries.
- Permanent total disability: This form pays you compensation for all of your work earnings if you cannot work again due to your injury. This is typically paid to you over the course of your life.
Each of these financial losses requires proving your injuries, meeting the insurer’s disability requirements, and maintaining accurate records. To help you see what you can expect to receive, use our Nevada average monthly wage estimator tool. You can also use our workers’ comp PPD calculator to help you determine what you will receive.
Set Up a Free Consultation with Our Las Vegas Workers’ Compensation Attorney
The skilled Las Vegas workers’ compensation lawyers at Shook & Stone help Nevada workers pursue support for their lost wages and medical bills.Â
To discuss your legal rights and options following a Nevada workplace accident, please call us for a free and comprehensive consultation.
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