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If you are an employee who sustained a work injury in the state of Nevada, you usually cannot sue your employer for damages. Instead, your “exclusive remedy” is to file a workers’ compensation claim with your employer’s insurance carrier.
Here are four things to know about Nevada workers’ compensation laws.
Depending on the nature and extent of your work-related injuries, you may be able to receive one or more of the following workers’ comp benefits:
Temporary total disability (TTD) and permanent total disability (PTD) benefits are two-thirds of your average monthly wages.
Temporary partial disability (TPD) benefits are what the TTD amount would have been minus your new salary for light- or modified work.
Calculating permanent partial disability (PPD) is a little trickier:
In my experience, most injured employees choose to receive PPD as a lump sum.
Note that Nevada’s workers’ compensation system caps 2023 disability benefits at $4,873.20 per month.1
For you to benefit from Nevada workers’ compensation coverage, you do not have to prove that your employer did something wrong. Instead, you just have to show that it is more likely than not that your injury was caused by work.
It does not matter whether:
You must report your injury to a supervisor within seven days. This incident report is called the Notice of Injury or Occupational Disease (Form C-1).
Then you must go to an authorized provider, and you both must complete the Employee’s Claim for Compensation/Report of Initial Treatment (Form C-4). This claim must be mailed in within three days of treatment and within 90 days of the injury.
Your employer’s insurance company then has 30 days to accept or deny your workers’ comp claim. If you disagree with the result, you can appeal it within 70 days of the decision.
(All relevant forms are available online with instructions from the Nevada Department of Business and Industry, Division of Industrial Relations (DIR), Workers’ Compensation Section (WCS).)3
Under Nevada state law, independent contractors are not considered employees and are therefore not entitled to file for workers’ comp. So if you are an independent contractor who sustained a workplace injury, you can hire a Nevada attorney and file a traditional civil lawsuit against the employer.4
Personal injury law firms like mine operate by contingency fee. This means I do not get paid until if and when I win you a settlement.
For more information from Nevada’s official Workers’ Compensation Section (WCS) website, refer to the following:
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.