What Nevada workers’ compensation benefits are available to injured workers

Benefits for workers injured on the job in Nevada include:

  • Medical treatment – surgical, hospital, office visits, physical therapy, and other treatment necessary to treat the work injury
  • Temporary disability – payment to the injured worker for time missed from work due to an injury authorized by a doctor
  • Permanent disability – payment to the injured worker for permanent loss of function from a work injury
  • Vocational rehabilitation – services to help an injured worker train for and find new employment if the injury prevents him or her from returning to prior employment
  • Death benefits – payments to an injured worker's dependents if the worker is killed in a work accident to replace the income he or she would have earned
  • Mileage reimbursement – pay back the injured worker for any expenses he or she incurs for the cost of attending medical appointments related to medical treatment for the injury.1

An injured worker gets access to these benefits by filing a claim for workers' compensation benefits.

In this article, our Nevada personal injury lawyers will explain:

workers compensation benefits couple nevada
Filing a claim for workers' compensation benefits entitles an injured worker to a group of benefits

1. Benefits for Nevada injured workers

Filing a claim for workers' compensation benefits entitles an injured worker to a group of benefits. The benefits pay for the cost of helping the injured worker

  • recover from an injury,
  • get back to work, and
  • pay for any lasting effects of the injury.

2. Medical treatment

The benefits an injured worker receives are called accident benefits. It covers

  • medical,
  • surgical,
  • hospital or other treatments,
  • nursing,
  • medicine,
  • medical and surgical supplies,
  • crutches and apparatuses, and
  • prosthetic devices.2

It does not include exercise equipment or a gym membership.3

The injured worker does not have to pay any of the costs of medical treatment.

Example: Melissa injures her back at work. She needs treatment. She files a claim for workers' compensation benefits.

Melissa can get physical therapy, an MRI, and medication for her back injury. She does not have to pay any of the cost of this treatment.

3. Temporary disability

An injured worker can receive temporary disability to make up for lost wages due to his or her inability to work because of an injury.

The temporary disability rate is 2/3 of a worker's average monthly wage.4 The maximum amount of temporary disability an injured worker can get for 2018 is $3,802.17 per month.5

Example: Tony is injured at work. He earns $5,200 a month. If Tony misses work, his temporary disability rate is calculated at $3,466.67 per month.

This is two-thirds of his average monthly wage and less than the maximum for 2018.

3.1. Temporary partial disability

If an injured worker can only work part of a workday, he or is entitled to temporary partial disability.

To calculate temporary partial disability, the amount the injured worker earned working part-time is subtracted from his or her temporary disability rate.

Temporary partial disability is paid for up to twenty-four months.6

Example: Zach is injured at work and can only work four hours a day instead of eight. Zach's average monthly wage is $4,400.

Since Zach is working half a day instead of a full day, he is earning $2,200 a month. His temporary disability rate is two-thirds of his average monthly wage, or $2,933.33.

Zach's temporary partial disability rate is $733.33.

workplace injury temporary disability
An injured worker can receive temporary disability to make up for lost wages due to his or her inability to work because of an injury.

3.2. Temporary total disability

Temporary total disability is only paid if an injured worker is prevented from earning full wages due to an injury for five consecutive days or five days within a twenty-day period.7 8

Example: Lauren is injured at work. She is taken off work by her doctor for three days, then returns to work for 5 days. She is then taken off work for three more days.

Lauren is entitled to temporary total disability because she has missed five days within a twenty-day period. She is not entitled to temporary disability after the first three days though.

She is paid a total of the six days that she missed from work.

Temporary total disability will end when:

  • a doctor or chiropractor decides the employee is able to work
  • the employer offers light or modified duty within the restrictions of the doctor or chiropractor
  • the injured worker's condition has stabilized
  • the injured worker is incarcerated
  • when the worker is considered eligible for vocational rehabilitation benefits9

4. Permanent disability

Permanent disability is for permanent loss of function or ability due to an injury. Permanent disability is calculated after an injured worker's condition has stabilized, meaning his or her condition is unlikely to improve.

4.1. Permanent partial disability

Permanent partial disability means an injured worker has some permanent loss of function but does have some ability to continue working.

Permanent disability in Nevada is based on the American Medical Association's Guides to the Evaluation of Permanent Impairment, Fifth Edition.10 It is calculated as a percentage of loss of function that is translated into a dollar amount.

An injured worker must have objective findings, such as an MRI, to have a permanent disability.

The insurance company will schedule an exam to determine permanent disability11 within 30 days of receiving a report from a doctor or chiropractor that the injured worker's condition is stable and that there may be a ratable permanent disability.

The payments will continue monthly for:

  • five years; or
  • until the injured worker is 70 years old

whichever is later.12

Example: Devon, age 37, injures her elbow at work and is found to have permanent partial disability of 7%.

Devon is entitled to a payment for the permanent loss of her elbow function until she reaches age 70.

4.2. Permanent total disability

An injured worker is considered permanently totally disabled for certain catastrophic injuries suffered in the Nevada workplace. These injuries include:

  • loss of sight in both eyes
  • loss of legs at or above the knee
  • loss of arms at or above the elbow
  • paralysis of both legs or arms or one arm and one leg
  • serious skull injury
  • loss of one arm and one leg
  • other condition based on facts and circumstances13

Other conditions that may be considered permanent total disability are referred to as the “odd lot doctrine.” This considers the injured worker's specific physical impairment, along with the worker's age, experience, and education. Based on a combination of these conditions, the injured worker is not considered employable.14

Permanent total disability payments are two-thirds of the injured worker's average monthly wage.15 The payments continue for the lifetime of the injured worker.16

Example: Gerald is injured in a construction accident and loses both legs. He is considered permanently totally disabled.

Gerald earned $5,500 per month. He is paid two-thirds of his average monthly wage, or $3,666.67 for the rest of his life.

death benefits nevada workers' compensation
If an injury results in an employee's death during his or her employment, the deceased worker's family is entitled to benefits.

5. Death benefits

If an injury results in an employee's death during his or her employment, the deceased worker's family is entitled to benefits.17 However, the death must substantially have resulted from work.18

Death benefits include:

  • up to $10,000 for burial expenses19
  • up to two-thirds of the deceased worker's average monthly wage payable to the worker's dependents20

Example: Jesse is killed on the job. He earned $4,800 a month. He was married and had two young children.

Jesse's wife will receive two-thirds of Jesse's average monthly wage, or $3,200, for the rest of her life.

6. Vocational Rehabilitation

An injured worker can receive vocational rehabilitation benefits if he or she is unable to return to work due to a permanent physical impairment or permanent restriction as a result of the injury.

Vocational rehabilitation includes any goods or services necessary to prepare an individual with a disability to find employment or to determine his or her rehabilitation potential.21

Example: Mila severely injures her knee at work. She cannot return to her regular job because she is restricted from walking and carrying heavy items.

She gets vocational rehabilitation to learn computer skills so that she can find new work.

7. Mileage Reimbursement

A Nevada injured worker can obtain reimbursement for travel costs to attend medical appointments or rehabilitation services from insurers who have agreed to provide workers' compensation accident benefits. Under specific conditions, reimbursement is available for:

  • mileage at 54.5 cents per mile for travel over 20 miles one way or 40 miles in one week22
  • meals at $11-23 when traveling during certain periods23
  • lodging at $93 when necessary24
  • airfare at the cost of ticketing with prior insurance company approval25

A Nevada workers' compensation reimbursement is requested by using an Application for Reimbursement of Claim Related Travel Expenses.26 It must be done within 60 days of the expense.

Example: David is injured at work and must travel to multiple medical appointments. He keeps track of his mileage and travels 88 miles in one week.

Within 60 days David submits a mileage reimbursement request for $47.96 (88 x .545) to pay for his travel costs for attending the medical appointments.

8. Benefits are meant to cover all effects of an injury

An injured worker should not have to bear any of the costs of a work injury.

The benefits available to injured workers are meant not only to pay for the cost of returning the worker to his or her lost earning capacity, but also to pay the injured worker in order to minimize any permanent effects of an injury.

An injured worker needs to be aware of his or her rights to these benefits so that he or she recovers full benefits as part of the workers' compensation settlement.

Call us for help...

nevada workers compensation attorneys
Call us for help at 702-DEFENSE

If you or someone you care about was injured at work in Nevada, our Las Vegas workers' compensation attorneys may be able to get you compensation. (For cases in California, please see our page on benefits in California workers compensation cases.)

For a free consultation to discuss your case simply fill out the form below or call us at 702-DEFENSE (702-333-3673).

Legal References:

  1. Nev. Rev. Stat. § 616c.050

  2. Nev. Rev. Stat. § 616A.035(1)

  3. Nev. Rev. Stat. § 616A.035(3)

  4. Nev. Rev. Stat. § 616C.475(1)

  5. http://dir.nv.gov/uploadedFiles/dirnvgov/content/WCS/ImportantDocs/MaxCompMemoFY18.pdf

  6. Nev. Rev. Stat. § 616C.500(2)

  7. Nev. Rev. Stat. § 616C.400

  8. Nev. Rev. Stat. § 617.420

  9. Nev. Admin. Code § 616C.577

  10. Nev. Rev. Stat. § 616C.10

  11. Nev. Rev. Stat. § 616C.490(2)

  12. Nev. Rev. Stat. § 616C.490(7)

  13. Nev. Rev. Stat. § 616C.435

  14. Nevada Indus. Comm'n v. Hildebrand (1984) 100 Nev. 47, 675 P.2d 401.

  15. Nev. Rev. Stat. § 616C.440(a)

  16. State Indus. Ins. Sys. v. Rux (1986) 102 Nev. 638, 729 P.2d 1361.

  17. Nev. Rev. Stat. § 616C.505

  18. Spencer v. Harrah's, Inc. (1982) 98 Nev. 99, 641 P.2d 481.

  19. Nev. Rev. Stat. § 616C.505(1)

  20. Nev. Rev. Stat. § 616C.505(2)

  21. Nev. Rev. Stat § 616A.360

  22. Nev. Admin. Code § 616C.150

  23. Nev. Admin. Code § 616C.150(5)

  24. Nev. Admin. Code § 616C.150(6)

  25. Nev. Admin. Code § 616C.153

  26. Nev. Admin. Code § 616C.150

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