Tag Archives: nevada workers compensation law
As mentioned in SB 289 part 1, this year’s legislative session was a big one and SB 289 was a huge bill. SB 289 changed apportionment, who can sign C-4s, determinations send by fax, added attorney’s liens, amended rules about accepting PPD awards, clarified existing rules on vocational rehabilitation, and allows claimants to recover costs. … Continue reading SB 289 part 2 – More Changes
Average Monthly Wage for Fiscal Year 2022 Increases! For Fiscal Year 2022, which began on July 1, 2021, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,927.83. This is applicable to injuries on claims filed after July 1, 2021. If you have a claim established already, this increase will … Continue reading Nevada Workers’ Compensation Benefits for Injuries After July 1, 2021 (FY 2022).
This year’s legislative session was a big one, so big that I will need to break it down into separate blogs. There were three bills that passed this session, that will have an impact on workers’ compensation. The biggest of which was SB 289, which made changes to apportionment, who can sign C-4s, determinations sent … Continue reading SB 289 part 1 – New Apportionment Rules
While the cost of a Permanent Partial Disability (PPD) exam usually falls on the workers’ compensation insurer. There are circumstances when the burden falls on the injured worker. Unfortunately, this burden just got a bit heavier for the injured workers to carry in these rare situations. Effective February 1, 2021, the cost of a PPD … Continue reading Cost of PPD Increases (2021)
Effective January 1, 2021, the reimbursement rate for workers compensation related travel has been decreased from 57.5 cents per mile to 56 cents per mile. See the Division of Industrial Relations’ memorandum here. Injured workers are eligible for mileage allowance under NAC 616C.150. Mileage is eligible for reimbursement if the injured worker is (1) traveling … Continue reading Mileage Reimbursement Decreased Again for 2021, Effective January 1, 2021.
Frequently I am asked by potential clients and current clients whether there is a settlement at the end of their workers’ compensation case or how much their case is worth. This question is often hard or impossible to answer. Sometimes, I can estimate whether I think you are likely to have a permanent partial disability … Continue reading 3 Things to Check to Determine If Your PPD Award / Workers’ Compensation Settlement Is Correct.
A lot of clients have this question. Frustration often sets in immediately after the injury, but can be made worse if the injured employee feels she is not being treated fairly at work, is not receiving TTD (pay for being out of work) benefits, receiving TTD benefits, or their employer is not following their work … Continue reading If I Have A Workers’ Compensation Claim, Can I Find a New Job?
For Fiscal Year 2021, which began on July 1, 2020, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,275.73. This is applicable to injuries on claims filed after July 1, 2020. If you have a claim established already, this increase will not affect your benefits. The maximum temporary total … Continue reading Nevada Workers’ Compensation Benefits for Injuries After July 1, 2020 (FY 2021).
In a previous blog post I talked about SB 381, which was passed in the 2019 legislative session. SB 381 created some much-needed changes and added regulation in how the Division of Industrial Relations (DIR) compiles their treating provider list. Prior to SB 381 the DIR’s treating provider list had over 4,000 providers, 50% of … Continue reading New Treating Panel of Workers’ Compensation Doctors is Now Posted!
In 2015 Attorney Virginia Hunt, along with a group of other claimant’s attorneys, determined that the Division of Industrial Relations (DIR) had been slacking on their statutory duties to update the actuarial annuity table used in the calculation of permanent partial disability (PPD) awards. It was determined that the actuary table being used had not … Continue reading New 2020 Actuarial Tables Released On June 23, 2020, Go Into Effect On July 1, 2020.
On June 4, 2020, the Senior Appeals Officer at the Nevada Department of Administration, Appeals Division, released a statement regarding the Department of Administration’s plan to reopen. June 4, 2020, also marked the start of casino reopening, a major step in the economic recovery for Nevada. The Senior Appeals Office is putting in place a … Continue reading Workers’ Compensation COVID-19 Update (6/5/2020):
Getting hurt anywhere can be a scary experience but can be even more frightening when it happens at work. On top of the pain associated with the injury, my clients often also express fear of losing their job and costly medical bills. It is important to remember that accidents happen, and Nevada’s workers’ compensation system … Continue reading 4 Steps To Take If You’ve Been Injured At Work.
A few weeks ago, I posted a blog regarding “5 Mistakes That Can Affect Your Nevada Workers’ Compensation Claim.” Number one on the list was missed filing deadlines. Filing deadlines refers to filing claims with the insurer, giving notice to your employer, and filing appeals to the Department of Administration. However, there are many deadlines … Continue reading Time deadlines for a Nevada Workers’ Compensation Claim.
If you are injured at work, it is important to know what you are entitled to and what are Nevada workers’ compensation benefits. The Nevada Industrial Insurance Act (NIIA) is the act that governs Nevada’s workers’ compensation in conjunction with NRS 616 – 617 and NAC 616 – 617. In short Nevada’s workers’ compensation benefits … Continue reading What Are Nevada Workers’ Compensation Benefits?
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.
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?
When you are injured at work, your treating physician gives you a physician’s progress report (PPR) or a work activity report. These reports inform you, your workers’ compensation adjuster, and your employer of any work restrictions you may have. The PPR will guide your light duty job offer. On the PPR there is a place … Continue reading What Are Light Duty Job Offers and What Should I Look For?
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?