Tag Archives: Benefits


Nevada Workers’ Compensation Benefits for Injuries After July 1, 2019 (FY 2020).
By Jason Weinstock on October 14, 2019

Average Monthly Wage for Fiscal Year 2020 Increases. For Fiscal Year 2020, which begins on July 1, 2019, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,096.60. This is applicable to injuries on claims filed after July 1, 2019. If you have a claim established already, this increase will … Continue reading Nevada Workers’ Compensation Benefits for Injuries After July 1, 2019 (FY 2020).

Temporary Partial Disability Benefits under Nevada Law
By Jason Weinstock on July 26, 2014

Temporary partial disability benefits  (TPD) are benefits that may be payable under the following circumstances: 1. You are working a temporary light duty job at a lesser wage because your duties are different, or you are making the same wage but your employer has reduced your hours each week; 2. You have a permanent job … Continue reading Temporary Partial Disability Benefits under Nevada Law

Meals and Lodging
By Jason Weinstock on May 13, 2014

The Nevada Division of Industrial Relations has determined that meals and lodging for attending physician appointments will be paid at per diem reimbursement rates set by the U.S. General Services Administration. The rates vary by season and by the city or county that is your destination.  Your request for reimbursement for meals and lodging should … Continue reading Meals and Lodging


Injured While Working for Two Employers?
By Jason Weinstock on October 22, 2013

   What happens when you are injured working for one employer, and you have two jobs and two different employers?  This is called concurrent employment in the Nevada regulations    If you are like most injured workers and you never talk to your claim’s adjuster,  you might not know how important your second employment is … Continue reading Injured While Working for Two Employers?

Why Nothing is Happening on Your Claim
By Jason Weinstock on March 28, 2013

 Most injured workers who call my office are fed up with delays in getting decent medical care or getting compensation checks from the workers’ compensation adjuster.  Here’s a list of why you might be having problems:     1. Your claim hasn’t been accepted yet.      The adjuster handling your claim for your self-insured employer,  or  the … Continue reading Why Nothing is Happening on Your Claim

Home Health Care by Spouses
By Jason Weinstock on March 25, 2013

After a serious Nevada work accident and hospitalization, the injured worker may require a nurse, then unskilled nursing care at home to go to the bathroom, bathe, and make meals.  This need for home health care often falls through the cracks if the treating surgeon forgets to prescribe attendant care, or the hospital coordinator doesn’t follow through getting it authorized with … Continue reading Home Health Care by Spouses


Suspended Benefits for a Non-industrial Medical Condition
By Jason Weinstock on March 23, 2013

Some injured workers are delivered a low blow by their adjuster when their treating surgeon for their Nevada work comp injury finds that they first take care of a unrelated medical problem before surgery can go forward. For example, many hurt workers will find that their blood pressures spike from being in pain from the … Continue reading Suspended Benefits for a Non-industrial Medical Condition

More Money: Don’t Miss These Benefits
By Jason Weinstock on October 26, 2012

 A few of the benefits that Nevada injured workers overlook include the following: 1. Prescription coverage  Make sure that your pharmacy has your claim number, and the phone and fax number for your adjuster.  If the adjuster sends you a pharmacy card, be sure to use it.  If your pharmacy tells you they are waiting … Continue reading More Money: Don’t Miss These Benefits

Untaxed Tip Earnings Included in AMW
By Jason Weinstock on September 14, 2012

     In Sierra Nevada Administrators v. Negriev, the Nevada Supreme Court held that when an injured employee reports tip income to his or her employer, that income is included in the average monthly wage calculation.  The average monthly wage calculation is used to determine how much an injury worker receives for compensation benefits. The injured worker … Continue reading Untaxed Tip Earnings Included in AMW


Questions You Absolutely Must Ask the Surgeon
By Jason Weinstock on September 8, 2012

     Unless you have a very obvious surgical problem, it usually takes two to three months for the adjuster on your worker’s compensation claim to schedule a consultation with an orthopedist or a neurosurgeon.   I like to remove my clients quickly from the clinic mill, with a request for change of physicians right away.  Otherwise, the  clinic … Continue reading Questions You Absolutely Must Ask the Surgeon

Average Monthly Wage Increased for Fiscal Year 2013
By Jason Weinstock on June 24, 2012

 For Fiscal Year 2013, which begins on July 1, 2013, the maximum average monthly wage used to calculate workers’ compensation benefits will be increased to $5,222.63.  This is applicable to injuries on claims filed after July 1, 2013.  If you have a claim established already, this increase will not affect your benefits.  The maximum temporary … Continue reading Average Monthly Wage Increased for Fiscal Year 2013

Benefits Unfairly Suspended? Fight Back!
By Jason Weinstock on March 26, 2012

Workers’ compensation insurers and their TPA’s often suspend compensation benefits when an unrelated  medical problem  surfaces to delay surgery or  treatment for the work injury.  Insurers call it "Care Interrupt". I call it kicking an injured worker when he’s already down. For example, I had an injured worker last month who was scheduled for a work-related back surgery.  She … Continue reading Benefits Unfairly Suspended? Fight Back!


Holiday Horrors: Late and Missing Checks
By Jason Weinstock on November 21, 2011

  Does the following sound familiar?  You’ve checked the mailbox for the third time in an hour.  You finally see the postal carrier  drive down your street,   but  he does not  leave a compensation check in your mailbox.  You wave him down and angrily interrogate him  about whether your check could be lost or stolen.  Your briefly contemplate committing a  federal offense … Continue reading Holiday Horrors: Late and Missing Checks

Are Your Benefits Calculated Correctly?
By Jason Weinstock on October 11, 2011

When the adjuster sends you a benefit check if you are out of work due to your work accident, she should also send you a letter telling you how she calculated your average monthly wage (AMW). The AMW is  the amount  used to calculate your out-of-work  compensation benefits and your permanent partial disability award.  The … Continue reading Are Your Benefits Calculated Correctly?

Average Monthly Wage, Fiscal Year 2011
By Jason Weinstock on September 15, 2010

Maximum total disability benefits, payable when an injured worker is off work, are determined each fiscal year by the Nevada Department of Employment, Training, and Rehabilitation, Employment Security Division.  Maximum benefits are 66 2/3 of this maximum average monthly wage.  (If the wage earned on the date of injury is less than the maximum average … Continue reading Average Monthly Wage, Fiscal Year 2011


Help! My FCE Is Invalid
By Jason Weinstock on July 29, 2010

  The FCE (functional capacity evaluation) often serves to let the physician off the hook on trying to please both his patient and the insurer on the issue of work release restrictions. The insurer may be pressuring the doctor to give a full duty work release, while the patient keeps telling his doctor that he does not … Continue reading Help! My FCE Is Invalid

Show Me the Money for My Work Injury!
By Jason Weinstock on April 28, 2010

Most people who call me about their Nevada workers’ compensation claims tell me that they just want to get decent medical treatment and get on with their lives.  They usually say something about not pursuing a claim just to get money. They  emphasize that  they like their jobs, and they don’t want their employers to think … Continue reading Show Me the Money for My Work Injury!

Work Comp Benefits and Divorce
By Jason Weinstock on April 15, 2010

I asked Family Law attorney Stacy Rocheleau of Rocheleau Law Group to write a guest blog post for me on workers’ compensation benefits and divorce.  The Rocheleau Law Group handles divorce, child custody, and guardianship matters and offers a free legal guide.  Their website is at www.rocheleaulaw.com, and phone is (702) 914-0400.  This is what … Continue reading Work Comp Benefits and Divorce


Bankruptcy and Nevada Workers’ Comp Benefits
By Jason Weinstock on February 4, 2010

I asked local bankruptcy attorney Sam Benevento to provide an answer to the question: Will filing a bankruptcy affect your workers’ compensation claim? Here’s Sam’s answer: To understand the answer to this question, it helps to understand the difference between a Chapter 7 and a Chapter 13 bankruptcy. Chapter 7 is a “straight” bankruptcy. Under Chapter … Continue reading Bankruptcy and Nevada Workers’ Comp Benefits

Mileage Reimbursement-Update January 2010
By Jason Weinstock on January 14, 2010

The State of Nevada DIR announced that mileage reimbursements to injured workers traveling to and from medical care or for vocational rehabiliation purposes has been decreased from 55 cents a mile to 50 cents a mile, effective January 1, 2010.  The regulations for mileage reimbursement of travel expenses are found at NAC616C.150.  The request for reimbursement … Continue reading Mileage Reimbursement-Update January 2010

FMLA Questions and Answers for Nevada Injured Workers
By Jason Weinstock on January 5, 2010

  Q: What is FMLA? A: FMLA is The Family and Medical Leave Act of 1993, a federal law that requires employers of 50 employees or more to grant up to 12 weeks of unpaid protected job leave to eligible employees for certain family and medical reasons.   There is a 12-month eligibility requirement, and only serious health conditions … Continue reading FMLA Questions and Answers for Nevada Injured Workers