Employees who sustain a work injury in the state of Nevada usually cannot sue their employer for damages. Instead, their “exclusive remedy” is to file a workers’ compensation claim with the employer’s insurance carrier. Here are four things to know about Nevada workers’ compensation laws.
Workers’ compensation benefits include medical care, disability, and training;
Workers’ compensation insurance coverage is no-fault;
There are strict deadlines to file a workers’ comp claim; and
Independent contractors are not eligible for worker’s comp.
1. Workers’ compensation benefits include medical care, disability, and training
Depending on the nature and extent of an employee’s work-related injuries, the employee may be able to receive one or more of the following workers’ comp benefits.
medical treatment from an authorized medical provider and/or chiropractors;
Temporary total disability (TTD) and permanent total disability (PTD) benefits are two-thirds of the worker’s average monthly wages. And temporary partial disability (TPD) benefits are what the TTD amount would have been minus the employee’s new salary for light- or modified work.
Calculating permanent partial disability (PPD) is a little trickier. First, the employee’s doctor will assign the employee an impairment percentage. (For example, a worker who is half impaired gets a 50% disability rating.) Then this disability rating gets multiplied by the worker’s pre-injury salary and then multiplied again by .006. Many employees choose to receive PPD payments as a lump sum.
Note that Nevada’s workers’ compensation system caps 2022 disability benefits at $4,618.55 per month.1
Injured workers have seven days to report their injury to their supervisor in Nevada.
2. Workers’ compensation insurance coverage is no-fault
For injured employees to benefit from Nevada workers’ compensation coverage, they do not have to prove that the employer did something wrong. Instead, they just have to show that it is more likely than not that their injury was caused by work. It does not matter whether the workplace injury was from a singular unforeseen accident or whether it is an occupational injury from repeated exposure or repetitive movements.2
3. There are strict deadlines to file a workers’ comp claim
4. Independent contractors are not eligible for worker’s comp.
Under Nevada state law, independent contractors are not considered employees and are therefore not entitled to file for workers’ comp. So when independent contractors sustain a workplace injury, they can hire a Nevada attorney and file a traditional civil lawsuit against the employer.4
Personal injury law firms typically operate by contingency fee. This means the personal injury attorney does not get paid until if and when the accident victim gets a settlement.
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.