Nevada law has several work injury statutes codified in NRS 616A through NRS 616C. These laws explain how you can file a claim for benefits under Nevada’s workers’ compensation system if you suffer a work injury.
What are considered work injuries in Nevada?
Work injuries occur when you get hurt while on the job. Many injuries result from accidents, such as falling off of a ladder. Other injuries manifest over time, like stress fractures.
If you are an employee, you should be eligible for workers’ compensation for your work injuries. Plus there is no requirement to show that your employer caused your injury: You could be at fault and still get benefits.
Nevada law also allows certain types of independent contractors to claim workers’ comp benefits. For instance, construction contractors are usually considered employees for workers’ comp purposes.
Personal injury lawsuits
If you are an independent contractor who cannot claim workers’ compensation, we could instead file a traditional personal injury lawsuit against your employer. Unlike with workers’ comp, though, we would need to prove that your employer was at fault.2
To prove fault, we rely on such evidence as:
How do I file for workers’ compensation in Nevada?
Within seven days of the injury – or of learning about the injury – you must inform your employer through a C-1 Form. You then have only 90 days after the injury – or discovering the injury – to see an authorized physician and submit a C-4 Form to your employer’s insurer.
At that point, the insurer has 30 days to grant or deny the benefits. You may appeal a denial.
Note that you may be able to get around the seven- and 90-day deadlines in extenuating circumstances, such as if you are too ill to file the paperwork.3
What kind of workers’ compensation benefits can I get?
If you are temporarily injured but unable to work at all, you can receive temporary total disability (TTD): This amounts to two/thirds of your salary (up to a statutory cap) during the recovery period.
If you can do light-duty work, then you will receive temporary partial disability (TPD): This is the difference between the TTD amount and your current salary. TPD lasts up to 24 months.
You get permanent partial disability (PPD) if you are permanently impaired but can still do some work. PPD depends on how impaired you are, and it lasts for five years or until you reach age 70 – whichever is later.
Finally, you get permanent total disability (PTD) if you are totally impaired and cannot work for the foreseeable future. You receive the TTD amount for as long as the disability persists, which may be for life.
In addition to disability benefits, you may be eligible to receive money for:
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.