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How are Worker’s Comp Benefits Determined?

Workers in Nevada are entitled to medical care and compensation if they are injured on the job. Nevada’s Industrial Insurance Act provides guidelines for the different kinds of benefits injured workers are entitled to, and how benefits are determined when a workers’ compensation claim is filed. Generally, injured employees are entitled to the payment of medical bills, weekly compensation, disability payments, and vocational rehabilitation. How these benefits are determined involves a highly complex series of requirements that must be met in order to be approved.

Medical Benefits, Transportation, and Per Diem Allowance

Injured employees are entitled to receive medical benefits, including medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.
Mileage reimbursement is also a possible benefit. If an injured worker is required to travel 20 or more miles one-way, or 40 miles or more in one week, from his or her residence or place or employment to a health care facility for treatment, for attendance at a rehabilitation center, or to participate in a vocational rehabilitation program, mileage reimbursement may be provided.

Temporary Total Disability

If an injured employee is unable to work for a period of five or more consecutive days, or five cumulative days in a twenty-day period, due to their injuries, he or she is entitled to receive temporary total disability (TTD) payments. This is the equivalent of 66 ⅔ percent of the employee’s average monthly wage, up to a maximum yearly amount as defined by the Nevada Department of Industrial Relations.

This requires certification of the period of TTD by the treating physician. TTD payments must cease when a physician determines that the employee is physically capable of employment, or when the employer offers light-duty or modified employment.

Permanent Partial Disability

After completing medical treatment, the injured employee may have incurred a permanent partial disability. The employer’s insurer must consult with an approved rating physician to determine the extent of the disability under the American Medical Association’s guidelines. PPD compensation is calculated based on a factor of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.

Permanent Total Disability

If an injured employee becomes permanently and totally disabled from gainful employment, he or she is entitled to receive 66 ⅔ of the average monthly wages as long as employment is unobtainable. The Nevada Industrial Insurance Act deems several injuries as permanent and total, including the total and permanent loss of sight of both eyes, the loss by separation of both legs at or above the knee, the loss by separation of both arms at or above the elbow, and an injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm. Other injuries may qualify as well.

As is evidenced by the information outlined above, worker’s compensation is a complex and highly technical process requiring analysis of each individual claim under Nevada law. If you have been injured on the job and have questions about workers’ compensation benefits, call Greenman, Goldberg, Raby & Martinez at (702) 388-4476 to schedule your free consultation today.

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