Is there a Nevada work injury statute?

Q: 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. Work injuries also comprise occupational diseases, such as lung problems from asbestos exposure. And work injuries can be minor or catastrophic injuries.

Q: Who is eligible for workers' compensation?

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. 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.

Q: 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.

Q: What kind of workers' compensation benefits can I get?

Depending on the case, standard workers' compensation benefits include: Medical treatment, Payment for lost wages, Payment for permanent loss of function, Death benefits, Retraining benefits, and Mileage reimbursement. There are two types of disability benefits: 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 forseeable future. They receive the TTD amount for as long as the disability persists, which may be for life.

Posted on June 7, 2021

Knee accident at work of construction worker at site. Builder accident falls scaffolding on floor. — Injured employees can file for workers' comp in Nevada.

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.

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.

Work injuries also comprise occupational diseases, such as lung problems from asbestos exposure. And work injuries can be minor or catastrophic injuries.¹

Who is eligible for workers’ compensation?

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:

Medical treatment
Payment for lost wages
Payment for permanent loss of function
Death benefits
Retraining benefits
Mileage reimbursement.

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 forseeable future. They receive the TTD amount for as long as the disability persists, which may be for life.⁴

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Legal References

Nevada Revised Statute 616A.030; NRS617.440 & 617.450 & See 617 et. al; http://www.who.int/occupational_health/activities/occupational_work_diseases/en/.
NRS 616A.105; NRS 616A.210; NRS 616A.285; NRS 616B.603; NRS 616A.320; NRS 624.020; see also Associated Risk Mgmt. v. Ibanez, (2020) 478 P.3d 372, 136 Nev. Adv. Rep. 91; see also White v. State, (2019) 454 P.3d 736, 135 Nev. Adv. Rep. 67.
NRS 616C.020; NRS 616C.015; NRS 616C.065.
NRS 616C et seq.

About the Author

Neil Shouse

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.