Tag Archives: nevada workers comp
It was on March 17, 2020, that Nevada Governor Sisolak closed all casinos and gaming establishments in Nevada and recommended the closure of all “non-essential” businesses. This has led to non-essential surgeries being cancelled, massive layoffs/furloughs, and the partial closure of the Department of Administration. Below is an update on how Coronavirus impacts workers’ compensation. … Continue reading Update on How Coronavirus Impacts Workers’ Compensation.
The Nevada workers’ compensation community includes, but is not limited to injured workers, claimant’s attorneys, the Department of Administration, healthcare providers, third-party administrators, insurers, employers, and defense attorneys. The Coronavirus is affecting workers’ compensation for everyone in some way or another. The effect of the Coronavirus on Nevada’s workers’ compensation community is being felt the … Continue reading How the Coronavirus Has Been Affecting Nevada’s Workers’ Compensation Community.
If I Get the Coronavirus Will Nevada Workers’ Compensation Cover My Missed Work and Medical Expenses?By Jason Weinstock on March 14, 2020 Posted in Information Center
With growing concern over the Coronavirus (COVID-19) the last few weeks, many are asking, “If I get the Coronavirus will Nevada workers’ compensation cover my missed work and medical expenses?” The answer is… probably not, unless you are a first responder or health care provider (paramedic, doctor, firefighter, or police officer). This is extremely concerning … Continue reading If I Get the Coronavirus Will Nevada Workers’ Compensation Cover My Missed Work and Medical Expenses?
Nevada workers’ compensation claims can be confusing, frustrating, and entail a lot of claims management. The timelines for filing a claim and appealing determinations are frequent and rapid. I always recommend taking advantage of a free consultation and/or case review with an experienced workers’ compensation attorney. However, if you insist on handling your claim on … Continue reading 5 Mistakes That Can Affect Your Nevada Workers’ Compensation Claim.
A question I often get is, “How does Nevada workers’ compensation work?” As I have explained in a previous blog post, workers’ compensation is an exclusive remedy in Nevada to compensate employees that are injured in the course and scope of their employment. The steps to filing a claim require that there be a specific … Continue reading How Does Nevada Workers’ Compensation Work?
More changes from the Division of Industrial Relations just in for 2020! The Division of Industrial Relations (DIR) is a division within the State of Nevada Department of Business and Industry, which is responsible for overseeing workers’ compensation in Nevada. The DIR has been rolling out changes ever since the end of the 2019 Legislative … Continue reading More Changes From The Division Of Industrial Relations Just In For 2020.
Workers’ compensation insurance is a requirement for all employers, with one or more employees. It is meant to protect employer’s from negligence lawsuits when an employee is hurt in the course and scope of employment, but also meant to give the injured worker a remedy and to provide medical and compensation benefits when they are … Continue reading Top Reasons a Nevada Workers’ Compensation Claim Gets Denied.
The deadline for appealing a Hearings or Appeals Officer’s decision is 30 days. This is a shorter time frame than the typical appeal deadline for determinations from the adjuster. Deadlines to appeal are quick, frequent, and jurisdictional in workers’ compensation. Jurisdictional in this sense means that if you fail to appeal a Hearing Officer or … Continue reading Appealing a Hearings or Appeals Officer’s Decision.
One of the questions I receive from my clients is, “why do worker’s compensation attorneys appeal the initial claim acceptance letter and subsequent scope determinations?” This is a good question and often doesn’t make sense to injured workers’ when they are receiving the treatment they want or need. One of the reasons attorney’s appeal the … Continue reading Why Do Worker’s Compensation Attorneys Appeal The Initial Claim Acceptance Letter?
Effective January 1, 2020, the mileage reimbursement decreased for 2020. The rate for workers compensation related travel has been decreased from 58 cents per mile to 57.5 cents per mile. The Division of Industrial Relations publishes the change at the beginning of every year. This years change was announced on January 3, 2020, and can … Continue reading Workers’ Compensation Mileage Reimbursement Decreased for 2020, Effective January 1, 2020.
In a previous blog, I wrote about how workers’ compensation is the exclusive remedy for employees to recover benefits for an injury that occurred at work. Does workers compensation cover every injury that occurs at work? No, workers’ compensation doesn’t automatically apply to all injuries just because they occurred at work. The injury must arise … Continue reading What Does Workers’ Compensation Cover?
Changes to Nevada Workers Compensation Law for Stress (PTSD) Claims and Concurrent Wages After the Passing of AB 492.By Jason Weinstock on December 27, 2019 Posted in Average Monthly Wage,Concurrent wages,Legislative proposals,psychological injury
AB 492 was a “two birds with one stone” bill that was passed during the 2019 legislative session. The bill brought much needed changes to Nevada workers compensation law for both stress claims and the calculation of concurrent wages! Changes Made to the Statute for Stress Claims. NRS 616C.180 is the statute that governs claims … Continue reading Changes to Nevada Workers Compensation Law for Stress (PTSD) Claims and Concurrent Wages After the Passing of AB 492.
The Nevada Supreme Court has not previously clarified how to treat an employee who travels for work and is injured while away. The question in Buma v. Providence Corp. Development is whether employees that travel for work are covered by workers’ compensation insurance and to what degree. The analysis starts with NRS 616C.150(1) that states … Continue reading The Nevada Supreme Court Addresses the Traveling Employee Rule in Recent Decision.
Vocational rehabilitation is one the few things/programs I like about the Nevada workers’ compensation system. In short it offers injured workers the ability to learn a new trade and find a job, when they can no longer return to their previous employment. See my blog on vocational rehabilitation for more information. The conclusion of the … Continue reading 2019 Brought Positive Changes To Vocational Rehabilitation!
Occupational diseases are what you probably think they are… a disease or illness that you have developed or contracted through your employment. Different from an occupational injury, occupational diseases/illnesses often have gradual onsets rather than one specific traumatic occurrence. Occupational diseases can be anything from carpel tunnel syndrome, silicosis, mesothelioma, heart disease, lead poisoning and … Continue reading What is an Occupational Disease?
The Division of Industrial Relations (DIR) held an important training this week (11/13/19) to discuss the implementation of new workers’ compensation provider lists after the passing of SB 381. The DIR is part of the State of Nevada Department of Business and Industry. They are the regulatory agency that more or less oversees workers’ compensation … Continue reading The Division of Industrial Relations Held an Important Training this Week (11/13/19).
Nevada workers’ compensation doctors are typically picked from the workers’ compensation insurer’s provider list. What does that even mean? Workers’ compensation insurance companies have a list of doctors who are in their network and are willing to see injured workers. Recent changes in the law effective in January 2020 will require these insurance companies to … Continue reading Picking a Workers’ Compensation Doctor in Nevada.
Occasionally, an injured worker’s injuries are so severe that even after medical treatment has concluded they cannot return to work doing what they used to do. Injured workers in this position may not be out of options for future employment… often they will be eligible for vocational rehabilitation. What is vocational rehabilitation? Vocational rehabilitation consists … Continue reading What happens if you can’t return to your pre-injury employment?
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).
The “PPR” serves several very important purposes. The PPR (Physician’s Progress Report) can be viewed as an injured worker’s report card from their treating physician. Insurance adjusters often get these reports directly from the treating doctor, however, injured workers can also get a copy after each appointment with their doctor. It is my recommendation that … Continue reading Why is the infamous PPR (Physician’s Progress Report) so important?