What Are Nevada’s Short-Term Disability Laws?

Nevada’s laws on short-term disability allow you to get Temporary Partial Disability or Temporary Total Disability payments through the workers’ compensation system if you sustain an injury on the job.

You may also receive short-term disability payments directly from an insurance policy. In some cases, you can get additional disability benefits through the Social Security Administration (SSA) if you qualify for Social Security Disability Insurance (SSDI) benefits.

A Las Vegas workers’ compensation lawyer can give you more information about what Nevada’s short-term disability laws are and assist with filing a claim for benefits.

What Are Short-Term Disability Laws in Nevada?

Nevada’s short-term disability laws deal primarily with the benefits available through the workers‘ compensation system. The state of Nevada has laws in place to ensure that workers receive fair Temporary Partial Disability (TPD) or Temporary Total Disability (TTD) benefits if they are injured and cannot return to work. 

The Nevada Department of Health and Human Services helps people like you obtain monthly benefits that can help ease the burden of dealing with your medical conditions or injuries.

Through Nevada’s workers’ compensation and disability laws, claimants can receive financial compensation for their injuries, whether the injury or illness is temporary or permanent. And with these monthly benefits, you can take steps to ensure you make it back to work as soon as you can.

Details About Temporary Total Disability Benefits

TTD benefits cover a percentage of your wages if you sustain an injury or illness on the job that stops you from working. TTD benefits should cover 66% of your average weekly pay. You may only qualify for these benefits if your employer has to provide workers’ compensation coverage.

Details About Temporary Partial Disability Benefits

You can receive TPD if you can work after an injury or illness, but not enough to earn as much as you did previously. TPD payments cover the difference between what you would receive if you qualified for TTD benefits and what you’re actually bringing in.

You may become eligible for these benefits after an injury or illness caused by your work. The laws in Nevada state that you can only receive TPD benefits for 24 months.

A lawyer can give you more information about what Nevada’s short-term disability laws are and what happens after your workers’ comp claim is accepted.

How Are Temporary Partial Disability Benefits Calculated?

Depending on your work history, your Temporary Partial Disability benefits may be more than you expect. To calculate your TPD benefits, you must determine the difference between your post–injury wages and TPD benefits.

In the state of Nevada, Temporary Partial Disability benefits are generally 66% of the worker’s lost wages. You can receive benefits for up to 24 months.

For example, a worker who typically earns $1,800 per month but is currently working at a light-duty job following an injury, earning $1,000 each month, will receive a temporary total disability rate of $1,200 or two-thirds of $1,800. They would then receive the difference between $1,200 and $1,000, or $200 per month.

You Can Also Draw on Short-Term Disability Insurance

Residents of the state of Nevada have two disability insurance options: long-term and short-term disability.

Long-term disability insurance typically begins approximately six months after the onset of disability and can last for several years or even until retirement. Before you get to that point, you may qualify for short-term disability.

What You Need to Know About Short-Term Disability Coverage

Short-term disability exists to assist workers if they become injured to the point where they can no longer work for a specified period of time. Short-term disability benefits make up for wages that the claimant may lose if they can no longer perform their work duties. 

Worker’s compensation laws may cover medical bills, but you’ll have other expenses during the time you cannot work, such as:

• Utility Bills
• Groceries
• Mortgage/Rent
• Child Care

Applying for short-term disability will help you make ends meet as you recover from your illness or injury. It can also help bridge the gap until your long-term social security disability benefits come through if you are severely ill or injured.

How Do You Get Short-Term Insurance Benefits?

In many cases, individuals have access to short-term insurance policies through their employer-sponsored plans. Many employers in Nevada offer short-term disability insurance as part of their employee benefits package. Check with your HR department to see if your employer provides this coverage.

You can also opt to obtain private short-term disability from your insurance company, which can come in handy when you find yourself temporarily unable to work. There are several ways to get private STD benefits in Nevada.

Private short-term disability plans from insurance companies offer varying levels of coverage and benefits. Be sure to carefully review the terms and conditions of any policy you consider. A lawyer can tell you more about these benefits and what Nevada’s short-term disability laws are.

Can You Get Short-Term Disability Benefits from the Social Security Administration (SSA)?

Yes, in some cases, you can qualify for SSA benefits for a short-term disability. However, the SSA only provides benefits if a medical professional believes that your disability will cause you to miss at least a year of work.

Additionally, you must meet the strict eligibility requirements of the SSA to qualify for Social Security Disability Insurance (SSDI) benefits. You can check out this disability eligibility quiz to get a better idea about your ability to apply. A lawyer can also give you tips for filing for Social Security Disability.

How Do You File for SSDI Benefits?

If you or one of your family members got injured to the point where you can no longer work, you must file for SSDI benefits as soon as possible so that you can receive benefits right when you need them.

You can file online at ssa.gov, call their toll-free phone number, or visit the local Social Security field office, DDS, or ODAR office near you. In order to file, you’ll need the following documentation:

• Proof of Citizenship: You’ll need to prove your identity and citizenship with a birth certificate or immigration documentation.
• Proof of Employment: This includes W-2 forms or self-employment tax returns for the past year
• Medical Evidence: You’ll need to file proof of your medical history, including doctors’ reports, recent test results, and specific medical records outlining your health before and after the illness or injury.
• An Adult Disability Report: This document provides crucial details on your physical condition, mental state, and work history.

You must file your claim as quickly as possible. You may receive retroactive benefits if you apply for federal Social Security Disability Insurance or SSDI.

How Long Do You Have to Request SSDI Benefits?

There is no specific time limit for filing a short-term disability claim with the Social Security Administration (SSA). However, you should file as soon as possible after your disability begins to ensure that you receive your benefits as quickly as possible. If you wait several weeks or months to apply after becoming disabled, you may miss thousands of dollars in benefits.

When you become disabled, contact a Social Security Disability attorney who can help you understand your options and file an application to get the benefits you need. A lawyer can also explain what Nevada’s short-term disability laws are. 

When Are You Eligible for Short-Term Disability?

Workers are eligible for short-term disability if they have contracted an injury or illness that will prevent them from performing their regular work duties before the injury or illness occurs.

In some cases, pregnant mothers will also file for short-term disability to cover them after they give birth. Laws generally allow for 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:

• You can work but earn significantly less than you did before due to your injury. 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 employer has reduced your hours.
• 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.
• You work multiple jobs, but your injury prevents you from returning to all your places of employment.

You will continue to receive TPD payments until you can return to work on a full-time basis or until you receive medical disability. You can learn more about these benefits and Nevada’s short-term disability laws from an attorney. 

What if You Can Return to Work with Limitations?

If your doctor determines that you can return to work with some limitations related to your injury, your employer can provide you with part-time or full-time work under these new limitations. In that case, you will not be eligible for TPD unless your income is significantly lower than it was before your injury or illness.

If needed, your local Social Security Disability (SSD) office can help you obtain vocational training that will offer you a new career path if your current job is no longer an option. SSD offers a range of programs and services designed to assist individuals with disabilities in returning to work or finding new employment.

Vocational rehabilitation services are a program that can provide job counseling and placement, funding for training programs, on-the-job training, and job placement assistance. By taking advantage of these services, you can increase your employability and improve your overall quality of life.

What If You Are Denied SSDI Benefits?

If the SSA denies your initial application for SSDI, you can file an appeal for reconsideration of your claim. Reconsideration usually takes about 30 days and is completed by an administrative law judge (ALJ) who did not take part in the first disability adjudication. Thus, you’ll essentially be getting a second opinion.

An ALJ is a judge who presides over trials and adjudicates claims or disputes involving administrative law, such as Social Security Disability. They are part of the executive branch, not the judicial branch.

What to Expect from an ALJ Hearing

When your attorney presents your case before an ALJ, you will be required to attend the hearing. The ALJ may ask you questions to clarify information in your application. It’s important that you are familiar with your application answers so that you do not provide conflicting information.

After a denial, you’ll need someone on your side to ensure the reconsideration goes your way. You can partner with a Social Security Disability attorney who can work with disability determination services to get you approved for the short-term disability benefits you deserve.

What If You Need Permanent Social Security Disability?

If you obtain short-term disability but find yourself unable to return to work due to your illness and injury for a year or more, there are federal programs you can apply for. 

The application process is a little more extensive, and you must have a medical condition that makes it impossible to work even the simplest job. But there are several reasons why you should file for long-term disability (LTD), such as:

• You’ll automatically receive Medicaid to help cover medical visits and treatment.
• You’ll receive back pay from your filing date to your approval date.
• You’ll receive benefits for specific family members, including caregivers and dependents.
• You may be entitled to Supplemental Security Income (SSI)based on financial need.

Of course, the downside to applying for permanent social security disability is that it can take over a year to be approved, meaning you need to be proactive and know when exactly you should contact a Social Security Disability Insurance (SSDI) lawyer to help you. We can explain how to file a permanent disability claim.

Why Should You 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. You need to focus on improving rather than the paperwork required to obtain short-term disability approval.

Short-term disability lawyers are well-versed in the highly specialized area of workers’ compensation and disability benefits. They have worked through the system countless times and can offer legal advice to you on what’s necessary to get your case approved the first time.

A short-term disability lawyer will ensure you receive the proper compensation and benefits you are entitled to under Nevada law. You can learn more about the benefits of hiring a Las Vegas SSDI lawyer today. 

How to Find the Right Short-Term Disability Lawyer in Nevada

Finding the right short-term disability lawyer is important to protect your rights and secure the benefits you deserve. Here are some tips to help you find the best lawyer for you:

• Experience: Choose a lawyer with a proven track record of success in handling short-term disability claims. Experience matters, as it enables lawyers to navigate the system effectively.
• Reputation: Research the lawyer’s reputation and client reviews. Look for positive feedback and testimonials from past clients.
• Communication: Effective communication is key. Choose a lawyer who is responsive, patient, and willing to explain Nevada’s short-term disability laws in clear and understandable terms.
• Fees: Discuss the lawyer’s fee structure upfront. Some lawyers charge a flat fee, while others work on a contingency basis, meaning they only get paid if you win your case.

By following these tips, you can find a skilled and experienced short-term disability lawyer who can advocate for your rights and help you obtain the benefits you need.

Shook & Stone Disability Lawyers Will Fight for You

So, what are Nevada’s short-term disability laws? Primarily, these laws deal with the state’s workers’ comp benefits, how you can apply for them, and how long they last. You can learn more about these laws and your potential benefits with our dedicated legal team. 

With over 150 years of combined legal experience, the personal injury lawyers at Shook & Stone can help you file or appeal your short-term disability claim. We will fight for the maximum compensation to help you get back on the road to recovery.

Contact us today for a free consultation to preview your eligibility and get you on the path to receiving short-term disability benefits.

References:

Chances Of Disability. (2021, September 30). In Council For Disability Awareness. Retrieved from https://disabilitycanhappen.org/disability-statistic/

Disability Insurance. (2021). In Nevada Division Of Insurance. Retrieved from https://doi.nv.gov/Consumers/Disability-Insurance/