Workers’ compensation covers short-term wage loss and all costs of medical care necessary to help you achieve “maximum medical improvement” after an injury on the job. You can also seek restitution for long-term loss of working capacity in the event that “maximum medical improvement” still leaves you partially or completely disabled. However, the methods which state courts and insurance companies use to define “disability” can be complex, as can the process of obtaining fair benefits for permanent loss of bodily function.
When it comes to getting favorable results from Las Vegas permanent disability workers’ compensation claims, there is no substitute for support from an experienced lawyer. No matter what type of disability you are dealing with or how dramatically it will impact your life, a dedicated workers’ compensation attorney could work tirelessly to ensure you get every cent of the workers’ comp benefits you should be entitled to under state law.
How Is Permanent Disability Defined in Workers’ Comp Claims?
In the context of workers’ compensation claims in Las Vegas and throughout Nevada, someone has a “permanent total disability” when their injury or illness is severe enough to prevent them from ever again holding gainful employment of any kind. “Permanent partial disability,” on the other hand, means that the worker filing the claim has suffered a permanent injury that results in a loss of bodily function, but their disability is not considered severe enough to prevent them from working in any capacity.
Insurance companies typically determine the severity of a particular disability by assigning it a rating. This must be based on professional diagnosis or objective test results such as MRI scans. A ratable disability is one that results in the loss of change of a bodily function, loss of sensation or ability to move, or any behavioral or psychological disorder.
The following injuries are considered to always result in permanent total disability in Nevada:
- Total blindness in both eyes
- Total paralysis in two or more limbs
- A serious skull injury
- Loss or amputation of the legs at or above the knee, of the arms at or above the elbow, or of one arm and one leg
- Certain other conditions, based on other factors like the workers’ age, education, and work experience
Otherwise, anyone who receives a disability rating between zero and 100 percent is considered permanently partially disabled and may be eligible for permanent partial disability benefits rather than permanent total disability benefits.
Calculating the Value of Permanent Disability Benefits
Workers’ compensation claimants deemed permanently partially disabled can receive monthly payments equivalent to 0.6 percent of their average pre-injury monthly wage per percentage of impairment they have. These payments begin on whichever comes second, between when the worker first got injured and when they received their final temporary disability payment. They end after five years or on the worker’s 70th birthday, whichever is later.
Permanent total disability payments are equal to two-thirds of the injured worker’s average monthly wage and are paid out for life. Additionally, individuals in Las Vegas receiving permanent disability benefits through a workers’ comp claim are eligible for a 2.3 percent increase in the value of their payments each year to account for inflation and rises in cost of living.
A Las Vegas Attorney Could Help with Permanent Disability Workers’ Compensation Claims
No one deserves to sustain a permanent injury due to conditions they were exposed to at work, and any employee who does suffer this type of harm on the job should have access to permanent disability benefits through their workers’ comp coverage. Getting the most out of those benefits, can be difficult, especially for people who try to pursue their claims alone.
Assistance from an experienced workers’ compensation lawyer could make a huge difference in your ability to effectively pursue a Las Vegas permanent disability workers’ compensation claim. Call today to learn more.