2024 Top Lawyer Vegas Inc


By Jason Weinstock on June 14, 2024 leave a comment
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Top Lawyer 2024 Vegas Inc.

 

Top Attorney Vegas Inc 2024 award - workers comp law
Vegas Inc 2024 Top Lawyer Award

I am pleased to have been included in the 2024 Top Lawyers Listing as presented by Vegas Inc.

Thank you, Vegas Inc. and to all of my fellow peers for the nomination.

It’s nice to be recognized for my legal expertise in Workers Comp Law.

If you have been hurt at work or suffer from an occupational illness and  are in need of an experienced workers compensation attorney, contact me.

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Workers Comp Attorney Near Me


By Jason Weinstock on June 10, 2024 leave a comment
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Workers Comp Attorney Near Me

 

Bing search for workers comp attorney near me
Bing search for workers comp attorney near me

I’m sure I am not the only person who has ever done a ‘near me’ search on Google or Bing. In fact, I’m certain I am not the only one since the search query ‘workers comp attorney near me’ seems to always show up as one of my top user searches in finding my workers comp law practice. I completely understand the concept of searching for a workers comp attorney near me, however, do you really want the location of your attorney to be the only determining factor to affect the overall management of your job injury case.

Workers Compensation Lawyer serving Las Vegas, Henderson, and surrounding areas in Nevada

If I typed in ‘Workers comp lawyer near me’ and you lived in Henderson, NV. You may see my legal practice listed in the search or local business / map listings. These listings will normally tell you how far away I am from your address or current location, provide a link to my website or to call me. You can be 100% assured that I am absolutely interested in learning more about your work injury and welcome you to click on my listing to view my website or call my law business. But, more importantly, did you know that I am also a 5 star rated Workers Compensation Lawyer?

Top rated workers comp lawyer in Las Vegas

Top Rated Workers Comp Lawyer in Las Vegas

5 Star Rated Workers Compensation Attorney

I strive to provide the best management of your workers comp claim. My staff and I provide the best possible support to you and the utmost attention to your work injury case. I will fight to get you the compensation you deserve. So, when you are searching for a ‘Work Comp Attorney near me’, I encourage you to also look at the real client reviews left on these search listings. Don’t just look at the distance between your location and my law practice. I hope that you will read my clients’ workers’ compensation attorney reviews to get a feel for how I manage a work injury claim.

 

Over 12 years experience in the Workers Compensation Field

Do you know another thing the ‘workers comp attorney near me’ search doesn’t tell you? My years of experience in work comp law. I have been working in the workers compensation field for over 12 years. When I was younger, I worked for 4 years for my Mom, who was a very successful Workers Compensation Attorney here in Las Vegas, before she passed away. I then externed for the Department of Administration in 2018. After completing my law degree, I went to work for another Las Vegas firm from 2018-2019 before starting my own workers compensation law practice in 2019: Law Office of Jason H. Weinstock, PLLC.

I understand that navigating the complexities of workers’ compensation laws can be overwhelming, especially when you’re already dealing with the physical and emotional toll of a work-related injury. This is where a skilled workers’ comp attorney can provide you with the guidance and support needed to navigate the legal process successfully. That’s where my staff and I step in. From ensuring that you meet all deadlines for filing your claim to representing your best interests in negotiations with insurance companies, a workers’ comp attorney plays a crucial role in securing the compensation you deserve. By having a workers compensation attorney on your side, you can focus on your recovery while they handle the legal aspects of your case, giving you peace of mind during a challenging time.

I knew I could provide the best possible support for my clients who’ve been injured on the job, which is why I started my own law firm that is exclusive to workers compensation law claims.

How to Find a Top Workers Compensation Attorney Near You

Don’t leave your workers’ compensation claim up to chance. I know doing a simple search for a ‘workmans comp attorney near me’ is the first step when researching your injury claim, but there’s more to picking a lawyer that will fight for your injuries than just doing a search to find the closest lawyer nearby.

Here are some other tips to finding the best workers compensation attorney you can count on to handle your work injury case:

  • Recommendations from trusted sources such as family & friends or colleagues who have had a positive experience with their workers comp claim.
  • Read client reviews on trusted online sources such as Google and Bing business listings, online attorney directory listings, etc… Make sure you read all reviews to really get a feel for the attorney and his support staff.
  • Visit the attorney’s website and read over their attorney profile to research their level of experience. I also write a blog on workers compensation law.
  • Look up their attorney profile through the State Bar. My attorney profile can be found on the Nevada State Bar Website.
Jason H. Weinstock, Workers Comp Attorney, NV State Bar
NV State Bar – Active License

 

The Benefits of Having an Experienced Workers Compensation Attorney on your side

Just searching for ‘workers comp attorney near me’ may give you the closest attorney to your location, but it doesn’t give you the details of why they would be the best attorney that will fight for you.

I know my experience in workers compensation law will bring a successful outcome to you and your case.

 

Free Consultation for Injured Workers

Contact me for a free consultation if you’ve been injured in a work accident or suffer from a work related.

I will fight for your rights and the compensation you deserve.

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Workers Compensation New Case Law Updates in 2023


By Jason Weinstock on March 18, 2024 leave a comment
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2023 Workers’ Compensation New Case Law Update

The Nevada Supreme Court/Court of Appeals published 4 opinions in workers’ compensation cases this past year. These 4 cases have had an immediate impact on the way cases are viewed and moving forward. While the summary below is my interpretation of the cases, it is important to know that others may view them differently and future cases may alter my opinion or the Court’s holdings.

Gilman v. CCSD (527 P.3d 624 (Nev. 2023).)
In this case, the claimant wanted to reopen their workers’ compensation claim that had previously closed. The claim was originally accepted for “cervical and thoracic strains only.” The claimant now wanted to reopen the claim for treatment to his lumbar spine, a body part not originally accepted. The Nevada Court of Appeals held that NRS 616C.065(7) that the failure to indicate the acceptance or denial of a claim for a body part does not constitute a denial or acceptance thereof.  Further, NRS 616C.065(5) states that the acceptance or denial must be in writing.

So what does this mean moving forward:
1) just because a body part or condition is not listed on your claim acceptance determination does not mean it is necessarily barred from being included;
2) you may not need to appeal every claim acceptance determination in fear that conditions/diagnoses may change (I previously wrote a blog on this prior to this case. Read that blog here);
3) if you believe that a body part or condition needs to be treated or included in the claim, then a request should be submitted to the insurer/TPA.

The unknown would be what happens if your claim closes following a PPD. Does that cement the scope of your claim? In the Gilman case, the claimant had not been rated for a permanent partial disability.

LVMP v. Holland (527 P.3d 958 (Nev. 2023).)
The Holland case is an occupational disease case filed pursuant to NRS 617.457 for a heart condition. Holland was a police officer and in heart disease cases police officers are entitled to a conclusive presumption that the disease arose out of and in the course of the officer’s employment if the have served 2 years or more and contracts heart disease that renders them disabled, unless an exception applies. One of the exceptions is where there is a predisposing condition that the employee is notified about in writing failed to correct and had the ability to correct.

Holland had high triglycerides, low HDL and high LDL. Doctors told him he needs to eat low fat diet and do more exercising. When he went to file his work comp claim his triglycerides were double that of his last physical he had on the job. The Nevada Supreme Court held that you need to show you tried to correct the predisposing condition you do not actually need to correct it to overcome the exception. This case in my opinion has an analysis that can similarly applied to attempts to suspend benefits under NRS 616C.230(5).

Providence Corp. Development v. Buma (531 P.3d 1263 (Nev. 2023).)
The facts in a nutshell are: Buma was traveling for work and rode an ATV, after preparing for a conference, on a friend’s ranch and suffered a fatal injury. This case first went to the Supreme Court in 2019. In the first case, the Nevada Supreme Court adopted the traveling employe rule, which gave us a personal comfort doctrine. The personal comfort doctrine adopted by the Court stated that a traveling employee can recover workers’ compensation benefits for an injury not directly work-related if it occurs as a result of “eating, sleeping and ministering to personal needs away from home.” In 2019 the Court remanded the case back to the Appeals Officer to determine if Buma fell within the travelling employee rule or if he was on a distinct departure for a personal errand.

The Appeals Officer held that Buma was not entitled to the traveling employee rule because it was not foreseeable. This led to the case going to the Nevada Supreme Court a second time. This time Court made it very clear that “the employee need not demonstrate that their employer should have foreseen that the employee would engage in the specific activity that caused the employee’s injury.”

What is non-compensable would-be personal amusement ventures that tend to involve a personally motivated activity which takes the traveling employee on a material deviation in time or space from carrying out the trip’s employment-related activities.

Olvera v. Wynn Las Vegas (139 Nev. Adv. Op. 41 (Nev. 2023).)
This was a 2013 claim where the claim was accepted for injuries to the claimant’s head, scalp, right hip, cervical spine, thoracic spine, and lumbar spine. In 2014 the case closed with a PPD. In 2020, the claimant obtained a medical opinion that her lumbar injuries worsened, and she requested reopening. Reopening was denied by the TPA and reversed in part by the Appeals Officer. The Appeals Officer found that the claim should be reopened for the lumbar only.

Prior to this case, I was always under the belief that a claim is either open, in its entirety, or closed, in its entirety. However, the Nevada Court of Appeals held that “nowhere in the plain language [of NRS 616C.390(1)] does it say that a claim is required to be reopened for all body parts previously accepted in the claim, where there has been no change in circumstances as to those body parts.”

The impact of this case means that you must now show medical evidence that supports reopening of every body part for which you seek medical treatment.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

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NV Workers Comp Average Monthly Wage Update


By Jason Weinstock on March 14, 2024 leave a comment
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Nevada Workers Compensation Law Update:  Average Monthly Wage for Fiscal Year 2024 increases!

For Fiscal Year 2024, which began on July 1, 2023, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $7.652.93. This is applicable to injuries on claims filed after July 1, 2023. If you have a claim established already, this increase will not affect your benefits. The maximum temporary total disability benefit in Nevada is 66 2/3 of the maximum average monthly wage. That means that if the injured worker is off work due to the injury for a month, or her employer does not have light duty work within the doctor’s restrictions, she will receive $5,101.95 in compensation benefits that month. The usual 14-day payment will be $2,346.54. Each day in the pay period is counted, including Saturdays and Sundays, when calculating compensation benefits. The daily rate under the new maximum average monthly wage is $167.61

Why is the Average Monthly Wage Calculation important to Injured Workers?

The average monthly wage used to calculate off-work benefits is also an important factor in determining how much money an injured worker will received if she has a permanent impairment, as defined by the criteria in the AMA Guides to Evaluation of Permanent Impairment. If the adjuster sends you a letter with your average monthly wage, and it seems too low, do not neglect to do something about it, even if you are not losing time from work. You could lose a significant amount of money by not making sure that the average monthly wage is as high as it should be when it is time to calculate a PPD award.

Average Monthly Wage if a Claim is ever Reopened.

The average monthly wage at the time of the injury also controls the amount of compensation benefits if the claim is ever reopened in the future. Your original injury may have occurred ten years ago when you were making a lot more money, and you will want that average monthly wage to be used. If you need to reopen your claim now and will be out of work again for another surgery, your benefits will be based on what your income was 10 years ago.

Nevada Workers’ Compensation: How to Calculate the Average Monthly Wage

Remember there are two ways to calculate average monthly wage: 1) 84 days wage history, and 2) an one-year’s wage history. The insurance company must use which ever is higher, when establishing your average monthly wage for workers’ compensation benefits. It does not cost anything to check with a reputable attorney about whether your compensation benefits are calculated correctly and whether you should be proceeding on a reopened claim as opposed to a new claim.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

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2024 PPD Exam Cost Rises – NV Workers Compensation Law


By Jason Weinstock on March 11, 2024 leave a comment
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While the cost of a Permanent Partial Disability (PPD) exam usually falls on the workers’ compensation insurer, there are rare situations when the burden falls on an injured worker. Unfortunately, this burden just got a bit heavier for the injured workers to carry.

Effective February 1, 2024, the cost of a PPD evaluation for 2 body parts rose from $911.26 to $950.04. Every year the Nevada Medical Fee Schedule changes in February. These changes dictate what doctors can charge the workers’ compensation insurer for different services.  A copy of the current Nevada Medical Fee Schedule can be found here. (Summary below)

PERMANENT PARTIAL DISABILITY REIMBURSEMENT
Nevada Specific Codes:
NV01000 Review records, testing, evaluation, and report (includes evaluation of up to 2 body parts)  ……………………..$950.04

NV01001 Failure of an injured employee to appear for appointment ………………………………………. $317.29

NV01002 Addendum necessary to clarify original report ………………………………………..No charge

NV01003 Addendum after review of additional medical records ………………………………………. $317.29

NV01004 Review of medical records and evaluation of each additional body part in excess of initial 2 body parts .. $317.29

NV01005 Organization of medical records in chronological order based on the date of service………………….. per 50 pages $53.51

NV01006 Review of records and report  ………………… $474.08

*Nevada Specific Code NV01001 may only be billed if an injured employee is more than 30 minutes late for a scheduled appointment or cancels the appointment less than 24 hours before the scheduled
appointment.

The medical records must be in a printable format and include a cover sheet indicating the number of pages provided to the physician or chiropractor.

All medical records are to be provided to the evaluator in chronological order based on date of service.  Separating chronologically organized therapy notes is acceptable.

For the purpose of establishing the maximum allowable payment for the review of medical records and the evaluation of musculoskeletal body parts, the following constitute one body part:
a) The cervical spine
b) The thoracic spine
c) The lumbar spine
d) The pelvis
e) The left upper extremity, excluding the left hand
f) The right upper extremity, excluding the right hand
g) The left hand, including that portion below the junction of the middle and lower thirds of the
left forearm
h) The right hand, including that portion below the junction of the middle and lower third of the
right forearm
i) The left lower extremity
j) The right lower extremity
k) The head
l) The trunk
m) Post-traumatic Stress Disorder Impairments (NRS 616C.180)

PPD Exam cost rises in 2024 - Workers Compensation Law Blog
Free photo 17821577 © PetrkurganDreamstime.com

Why would an Injured Worker Have to Pay for a PPD Rating Out-of-Pocket?

Two of the most common reasons an injured worker may have to pay for a rating out-of-pocket include:

    • Situations in which the insurer is attempting to close the claim without a rating;
    • And when the injured worker disagrees with the resulting percentage from a prior rating evaluation.

Why you should contact an Attorney if your Workers Comp Claim is being closed without a PPD Evaluation

It used to be that an injured worker had to pay for a PPD exam when the insurer closed the claim without a PPD. This is no longer the case. An attorney can usually get a PPD exam without the cost being paid by the injured worker, however, time deadlines may still hinder that ability.  Do not hesitate to contact an attorney if your claim is being closed without a PPD evaluation.

If you believe your claim has been unfairly closed without a rating, or that you had an inaccurate rating evaluation, consult an experienced attorney in order to weight the pros and cons of paying the hefty out-of-pocket expense necessary to get a rating yourself. I will review your PPD report free of charge.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

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Workers Compensation Mileage Reimbursement Nevada 2024 Increase


By Jason Weinstock on March 8, 2024 leave a comment
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Are Injured Workers in Nevada Eligible to Receive Mileage Reimbursement?

Mileage reimbursement is one of the under-used benefits that injured workers are entitled to. Not everyone qualifies, but if you do take advantage of it and get your reimbursement.

Gas tank mileage reimbursement for Nevada Injured Workers Claims
Free photo 6923249 © Leanid ShchahlouDreamstime.com

Nevada Workers’ Compensation Mileage Reimbursement Rate Increase 2024

Effective January 1, 2024, the mileage reimbursement rate for Nevada workers compensation related travel has been increased from 65.5 cents per mile in 2023 to 67.0 cents per mile in 2024. See the Division of Industrial Relations’ memorandum here.

Mileage Reimbursement Benefits an Injured Worker is Eligible to Receive for Medical Travel

Injured workers are eligible for mileage allowance under NAC 616C.150.

Mileage is eligible for reimbursement if the injured worker is:

  1. Traveling to a doctor’s appointment related to his or her workers compensation claim (this includes physical therapy);
  2. Is using a private vehicle;
  3. And travels 20 miles or more one way, or 40 miles or more within one week.

D-26 Application for Reimbursement of Claim Travel Related Expenses Form

In order for your mileage to be reimbursed for eligible travel expenses, the injured worker must fill out a D-26 Application for Reimbursement of Claim Related Travel Expenses and submit it to the adjuster.

  • Mileage expenses must be submitted within 60 days of the travel date.

Tips / Best Practices when requesting mileage reimbursement for your Nevada Workers’ Compensation claim

There are a couple of things you can do to make mileage reimbursement as simple as possible for yourself, as well as your adjuster.

  • Fill out one reimbursement form for each month. Submitting multiple forms at separate times throughout the month makes it more difficult for your adjuster to calculate the expenses and may delay your reimbursement check.
  • Use Google Maps, Bing Maps, Waze, or other popular mapping app to calculate the mileage. Your adjuster will double check the distance using one of these sites.
  • When following up with your adjuster for mileage reimbursement check, have a copy of the request on hand. Knowing the dates that the request covered will help your adjuster know exactly which expenses you are referring to. Keep in mind that the insurance company has 30 days to issue a mileage reimbursement check. Generally, the check goes out in the mail the day after it is issued.

Why an Injured Worker Should Seek Mileage Reimbursement when filing your NV Work Comp Claim.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

 

Jason H. Weinstock is an experience Nevada Workers’ Compensation Attorney.  His office is located in the Las Vegas Metropolitan Area, minutes from the Las Vegas strip.
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CARDS Top 5 Injury Claims & Causes + Fatal and Non-Fatal Stats


By Jason Weinstock on June 29, 2023 leave a comment
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The Nevada Workers Compensation Chronicle is a newsletter from the Department of Industrial Relations. Each quarter they send out important information as it relates to Nevada Workers
Compensation. Among this information, they pass along statistics from the CARDS system (Claims and Regulatory Data System).
This past year, they released two reports for the Winter and Spring seasons that show the top 5 nature of injuries and cause of injuries for workers comp claims filed during those periods. A breakdown is below:

Top 5 Nature of Injuries and Cause of Injury Workers’ Comp Claims:

For period 8/1/22-11/30/22

Top 5 Nature of Injury and Cause of Injury Workers’ Comp Claims

Patricia Barchus, Management Analyst I, WCS

Nevada Claims Processed in CARDS (Claims and Regulatory Data System) between August 1, 2022 and November 30, 2022:

TOP 5 ACCEPTED NATURE OF INJURY:
Percent of Total Reported
1. Strain or Tear 26.44%
2. Laceration 13.16%
3. Sprain or Tear 11.72%
4. Contusion 10.44%
5. Puncture 6.46%

TOP 5 ACCEPTED CAUSE OF INJURY:
Percent of Total Reported
1. Lifting 7.46%
2. Fall, Slip or Trip, NOC 6.19%
3. Strain or Injury By, NOC 5.94%
4. Object Being Lifted or Handled 5.84%
5. Falling or Flying Object 4.55%

 

For period 12/1/22-2/28/23

Nevada Claims Processed in CARDS (Claims and Regulatory Data System) between December 1, 2022 through February 28, 2023

Top 5 Nature of Injury and Cause of Injury Workers’ Comp Claims
Patricia Barchus, Research and Indexing Coordinator, WCS

TOP 5 ACCEPTED NATURE OF INJURY:
Percent of Total Reported
1. Strain or Tear 26.52%
2. Sprain or Tear 12.73%
3. Laceration 12.05%
4. Contusion 11.91%
5. Puncture 6.09%

TOP 5 ACCEPTED CAUSE OF INJURY:
Percent of Total Reported
1. Fall, Slip or Trip, NOC 8.18%
2. Lifting 6.23%
3. Strain or Injury By, NOC 5.73%
4. Object Being Lifted or Handled 5.17%
5. On Ice or Snow (fall, slip, or trip) 4.48%

Fatal vs. Non-fatal

The Survey of Occupational Injuries and Illnesses (SOII) and the Census of Fatal Occupational Injuries (CFOI) are conducted by the Bureau of Labor Statistics (BLS) with participating states under a
Federal/State cooperative program.

The data tables below show compiled statistics from 2003 – 2021, reflecting the numbers of fatal occupational injuries and nonfatal occupational injury and illness incidence rates by case type and by
year for all ownerships in Nevada.

Fatal Occupational Injuries: Nevada 2003-2021

 

Non-Fatal Occupational Injuries: Nevada 2003-2021
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PPD Evaluation Exam Cost Rises in 2023


By Jason Weinstock on May 27, 2023 leave a comment
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While the cost of a Permanent Partial Disability (PPD) exam usually falls on the workers’ compensation insurer, there are rare situations when the burden falls on an injured worker. Unfortunately, this burden just got a bit heavier for the injured workers to carry.

Effective February 1, 2023, the cost of a PPD evaluation for 2 body parts rose from $911.26 to $950.04. Every year the Nevada Medical Fee Schedule changes in February. These changes dictate what doctors can charge the workers’ compensation insurer for different services.  A copy of the current Nevada Medical Fee Schedule can be found here.

Why would an Injured Worker Have to Pay for a PPD Rating Out-of-Pocket?

Two of the most common reasons an injured worker may have to pay for a rating out-of-pocket include:

    • Situations in which the insurer is attempting to close the claim without a rating;
    • And when the injured worker disagrees with the resulting percentage from a prior rating evaluation.
Doctor with clipboard | PPD Exam workers comp
23251834 © Andreitsalko | Dreamstime.com

Why you should contact an Attorney if your Workers Comp Claim is being closed without a PPD Evaluation

It used to be that an injured worker had to pay for a PPD exam when the insurer closed the claim without a PPD. This is no longer the case. An attorney can usually get a PPD exam without the cost being paid by the injured worker, however, time deadlines may still hinder that ability.  Do not hesitate to contact an attorney if your claim is being closed without a PPD evaluation.

If you believe your claim has been unfairly closed without a rating, or that you had an inaccurate rating evaluation, consult an experienced attorney in order to weight the pros and cons of paying the hefty out-of-pocket expense necessary to get a rating yourself. I will review your PPD report free of charge.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

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NV Workers’ Compensation Mileage Reimbursement Increased for 2023


By Jason Weinstock on May 22, 2023 leave a comment
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Nevada Workers’ Compensation Mileage Reimbursement Rate Increase 2023

Effective January 1, 2022, the mileage reimbursement rate for Nevada workers compensation related travel has been increased from 58.5 cents per mile to 65.5 cents per mile. See the Division of Industrial Relations’ memorandum here.

What Mileage Reimbursement Benefit is an Injured Worker Eligible to Receive for Medical Travel?

Injured workers are eligible for mileage allowance under NAC 616C.150.

Mileage is eligible for reimbursement if the injured worker is:

  1. Traveling to a doctor’s appointment related to his or her workers compensation claim (this includes physical therapy);
  2. Is using a private vehicle;
  3. And travels 20 miles or more one way, or 40 miles or more within one week.

D-26 Application for Reimbursement of Claim Travel Related Expenses Form

In order for your mileage to be reimbursed for eligible travel expenses, the injured worker must fill out a D-26 Application for Reimbursement of Claim Related Travel Expenses and submit it to the adjuster.

  • Mileage expenses must be submitted within 60 days of the travel date.
Request mileage reimbursement on your Nevada Workers comp claim
6437826 © Tarajane | Dreamstime.com

Tips / Best Practices when requesting mileage reimbursement for your Nevada Workers’ Compensation claim

There are a couple of things you can do to make mileage reimbursement as simple as possible for yourself, as well as your adjuster.

  • Fill out one reimbursement form for each month. Submitting multiple forms at separate times throughout the month makes it more difficult for your adjuster to calculate the expenses, and may delay your reimbursement check.
  • Use Google Maps, Bing Maps, Waze, or other popular mapping app to calculate the mileage. Your adjuster will double check the distance using one of these sites.
  • When following up with your adjuster for mileage reimbursement check, have a copy of the request on hand. Knowing the dates that the request covered will help your adjuster know exactly which expenses you are referring to. Keep in mind that the insurance company has 30 days to issue a mileage reimbursement check. Generally, the check goes out in the mail the day after it is issued.

Why an Injured Worker Should Seek Mileage Reimbursement when filing your NV Work Comp Claim

Mileage reimbursement is one of the under-used benefits that injured workers are entitled to. Not everyone qualifies, but if you do take advantage of it and get your reimbursement.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

 

Jason H. Weinstock is an experience Nevada Workers’ Compensation Attorney.  His office is located in the Las Vegas Metropolitan Area, minutes from the Las Vegas strip.
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Nevada Workers’ Compensation Average Monthly Wage Benefits for Injuries after July 1, 2022 (FY 2023)


By Jason Weinstock on May 18, 2023 leave a comment
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Average Monthly Wage for Fiscal Year 2023 increases!

For Fiscal Year 2023, which began on July 1, 2022, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $7.309.80. This is applicable to injuries on claims filed after July 1, 2022. If you have a claim established already, this increase will not affect your benefits. The maximum temporary total disability benefit in Nevada is 66 2/3 of the maximum average monthly wage. That means that if the injured worker is off work due to the injury for a month, or her employer does not have light duty work within the doctor’s restrictions, she will receive $4,873.20 in compensation benefits that month. The usual 14-day payment will be $2,241.26. Each day in the pay period is counted, including Saturdays and Sundays, when calculating compensation benefits. The daily rate under the new maximum average monthly wage is $160.09

Why is the Average Monthly Wage Calculation important to Injured Workers?

The average monthly wage used to calculate off-work benefits is also an important factor in determining how much money an injured worker will received if she has a permanent impairment, as defined by the criteria in the AMA Guides to Evaluation of Permanent Impairment. If the adjuster sends you a letter with your average monthly wage, and it seems too low, do not neglect to do something about it, even if you are not losing time from work. You could lose a significant amount of money by not making sure that the average monthly wage is as high as it should be when it is time to calculate a PPD award.

Average Monthly Wage if a Claim is ever Reopened.

The average monthly wage at the time of the injury also controls the amount of compensation benefits if the claim is ever reopened in the future. Your original injury may have occurred ten years ago when you were making a lot more money, and you will want that average monthly wage to be used. If you need to reopen your claim now and will be out of work again for another surgery, your benefits will be based on what your income was 10 years ago.

Nevada Workers’ Compensation: How to Calculate the Average Monthly Wage

Remember there are two ways to calculate average monthly wage: 1) 84 days wage history, and 2) an one-year’s wage history. The insurance company must use which ever is higher, when establishing your average monthly wage for workers’ compensation benefits. It does not cost anything to check with a reputable attorney about whether your compensation benefits are calculated correctly and whether you should be proceeding on a reopened claim as opposed to a new claim.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.

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