Every day innocent victims are injured or killed in Nevada auto accidents. Our attorneys can help you to get justice and compensation.
Is there a Nevada work injury statute?
Nevada law has several work injury statutes, ranging from NRS 616A through NRS 616C. These laws explain how employees injured in a work accident may file a claim for benefits under Nevada’s workers’ compensation system.
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
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
Depending on the case, standard workers’ compensation benefits include:
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
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, Court TV, 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.
Employers with 15 or more employees are not allowed to fire or otherwise retaliate against employees for filing for workers’ compensation benefits under Nevada state law. Employees who lose their job just for pursuing a workers comp claim can sue the employer for wrongful termination in Nevada.1 Is Nevada an at-will employment state? Yes. This ...
The Grant Sawyer building located at 555 E Washington Ave #5100 in Las Vegas has recently undergone repairs in an effort to root out its recurring mold problem. People who have been sickened by the mold may have a Nevada worker’s compensation cause of action against the state of Nevada. Mold at Grant Sawyer building ...
What is State Industrial Insurance System in Nevada? SIIS – short for State Industrial Insurance System – was Nevada’s state-run workers’ compensation program. Before 2000, all Nevada businesses bought workers comp coverage through SIIS. But it was beset with management and financial problems. Finally workers’ compensation insurance became privatized, and businesses now buy their coverage ...
A workers’ compensation appeal usually takes around two to four months to complete. Note, though, that every workers’ comp case is unique, and an appeal could take slightly less time or slightly more. Following a workers’ compensation trial, claimants typically initiate the appeals process by filing for reconsideration with their state’s workers’ compensation appeals board. ...