Nevada Workers Compensation Lawyer

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In Nevada, workers compensation is compulsory. It is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury, occupational disease, or death.

Workers compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the depends of workers who were killed as a type of life insurance. Not included in worker compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

Worker's compensation is compulsory in Nevada, and no waivers are permitted. There are no numerical exceptions, though there are some exemptions based on categories of employee. The employee gets the initial choice for a physician, though there are certain limitations. The waiting period for compensation benefits after the injury is five days, and that is temporary disability only. Compensation is retroactive if the disability continues for five or more consecutive or five or more cumulative days within a 20 day period from the date of the injury.

In Nevada, worker's compensation insurance coverage may be provided through a private insurance company or through a state fund. Also, some employers choose to be self-insured. In the state of Nevada, waivers are not permitted.
Agricultural employers are not required to secure worker's compensation for their workers by state law.

There are no time or monetary limits regarding medical benefits for those who are entitled to worker's compensation in Nevada. Initially, the employee can select a physician unless his or her employer has contracted with a Preferred Provider Organization (PPO) or a Managed Care Organization (MCO).

In the state of Nevada , an employee must notify his or her employer of an injury or occupational disease as soon as possible. The notification must come within seven days of the accident.
If an employee's claim has been closed and his or her condition worsens, the claim can potentially be reopened.

For temporary total disability (TTD), permanent total disability (PTD), and permanent partial disability (PPD), payments are a percentage of the employee's weekly wages. In certain circumstances, payments cannot exceed a set weekly maximum amount. Payments for TTD as well as PPD can last as long as the employee is disabled. However, PTD benefit payments can last the employee's entire lifetime. Awards may accompany TTD benefits. If awards are granted to the injured employee, the employee shall receive them after his or her TTD benefits have been terminated. PPD payments depend on the injured employee's age and date of injury as well.
If an employee returns to work and receives wages that are less than his or her eligible TTD payments, total partial disability (TPD) payments may be required by the insurer. TPD payments are given to make up the difference between the employee's wages and the employee's eligible TTD payments.

Vocational rehabilitation services are available in certain circumstances.
If the employee dies as a result of his or her injury, death benefits are given to the employee's spouse or the spouse and his or her children. Death benefits are a percentage of the employee's wages. Funeral expenses are covered in the state of Nevada. Attorney's fees are not subject to limitation in the state of Nevada.


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