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5 Critical Facts About Workers' Compensation in Nevada

  • By Craig Kidwell
  • 22 Jan, 2018
5 Critical Facts About Workers' Compensation in Nevada
Nevada has some of the strictest workers' compensation laws in the country, and for workers, that's good news. Wondering about your rights under this program? Here's what you need to know.

1. All Employers Are Required to Carry Workers' Compensation Coverage

In Nevada, employers are required to carry workers' compensation. In most states, you only have to carry coverage if you have over a certain threshold of employees. In other states, like Texas, the program is completely optional. However, all employees are covered in the state of Nevada.

2. Workers' Compensation Covers Medical Bills and Lost Wages

If your claim for workers' compensation is accepted, you are entitled to coverage for your medical bills, medical rehab and even mileage for driving to medical appointments. You also receive wage compensation reimbursement.
That amount is two-thirds of your average monthly salary based on the last year of working. For example, if you were earning $4,000 a month for the last six months and $2,000 for the six months before that, your average monthly income is $3,000. Your workers' compensation payment is based on that amount, even though you were earning more at the job where you were injured.
However, there is a maximum. As of 2017, your maximum payment is $3,697.04 per month.

3. You Must File a Claim Within 90 Days

In order to make a claim on workers' compensation insurance, you must submit the claim within 90 days of the injury occurring. To do this, fill out Form C-4 (Employee's Claim for Compensation/Report of Initial Treatment).
If you have an occupational disease, the timeline is slightly different. An occupational disease is something such as mesothelioma related to asbestos exposure or carpal tunnel related to repetitive movements that happen over time.

4. You Have 70 Days to Appeal a Denial

Workers' compensation boards may deny claims for a number of reasons. They may argue that your injury didn't occur due to work, that you're not too injured to prevent working or that the injury was your fault. Regardless of why your claim was denied, you have the right to appeal.
In Nevada, you have to submit your appeal within 70 days of the date your denial was issued. In most cases, you get your acceptance or denial within 30 days of submitting your original application.

5. The Laws Aren't Always Cut and Dry

Whether you're in Nevada or any other state, the workers' compensation laws aren't always cut and dry. For instance, in exchange for workers' compensation coverage, you normally waive your right to bring a personal injury lawsuit against your employer. However, there may be cases where you can bring a lawsuit against your employer, such as assault.
To take another example, look at what's happening to a group of California police officers who are trying to get compensation for physical and mental injuries sustained during the Oct. 1, 2017, shooting in Las Vegas.
The claims board is arguing that the officers are not entitled to compensation because they were not at the concert for work, but the officers' representatives are arguing that their injuries should be covered because protecting and serving is part of their job - whether they are off duty or not.
Although this is currently happening in California, it helps to illustrate how confusing the law can be. It also underscores the need for an attorney in all cases.

If your workers' compensation claim was denied or you want to improve your chances of success right off the bat, you should contact us for help. At Kidwell & Gallagher LTD, we focus on getting you the justice and compensation you deserve after an injury. That includes personal injury as well as workers' compensation.

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