Nevada law has several work injury statutes, including NRS 616A through NRS 616C. These laws explain how employees who suffer a work-related injury may file a claim for benefits under Nevada’s workers’ compensation system.
What are considered work injuries in Nevada?
Work injuries occur when employees get hurt while on the job. Many injuries result from accidents, such as falling off of a ladder. But other injuries manifest over time, like stress fractures.
In general, only employees may receive workers’ compensation benefits. But Nevada law allows certain types of independent contractors to claim workers’ comp benefits as well. For instance, construction contractors are usually considered employees for worker’s comp purposes.
Injured independent contractors who cannot claim workers’ compensation could then file a personal injury lawsuit against the employer. In order to prevail in the lawsuit, the independent contractor would need to show that the employer was at fault. This is different from when employees file for workers’ compensation, where there is no requirement to show that the employer caused the injury.2
How do you file for workers’ compensation in Nevada?
Within seven days of the injury – or of learning about the injury – the employee must inform the employer through a C-1 Form. Employees then have only 90 days after the injury – or discovering the injury – to see an authorized physician and submit a C-4 Form to the employer’s insurer.
At that point, the insurer has 30 days to grant or deny the benefits. Workers may appeal a denial. Note that injured workers may be able to get around the seven- and 90-day deadlines in extenuating circumstances, such as if they are too ill to file the paperwork.3
What kind of workers’ compensation benefits can I get?
Depending on the case, standard workers’ compensation benefits include:
Payment for lost wages
Payment for permanent loss of function
There are two types of disability benefits in Nevada: temporary and permanent. Workers who are temporarily injured but unable to work at all can receive two/thirds of their salary (up to a statutory cap) during the recovery period. This is called temporary total disability (TTD). If the worker can do light-duty work, then he/she will receive the difference between the TTD amount and his/her current salary. This is called temporary partial disability, and it lasts up to 24 months.
Permanent partial disability is paid to workers who are permanently impaired but can still do some work. Their benefits depend on how impaired they are, and they last for five years or until they reach age 70 – whichever is later. Finally, permanent total disability is given to workers who are totally impaired and cannot work for the foreseeable future. They receive the TTD amount for as long as the disability persists, which may be for life.4
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A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.