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 be seen here. 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...

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 from the course and scope of employment. Meaning, if an employee faints hits their head and is injured at work, they must show that the cause of them fainting arose from their employment and not some personal pre-disposed health condition. If...

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 of injuries or diseases caused by stress in Nevada. Section 3 of NRS 616C.180 states that in order for stress claims to be deemed to arise out of and in the course of employment an employee had to show: 1) the mental injury was caused by extreme stress in the time of...

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 in order to receive workers’ compensation benefits the employee must show the injury arose out of and in the course of her employment. Is traveling for work within the course of employment? NRS 616B.612(3) states that “travel for which an employee...

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 2019 legislative session brought forward so much needed positive changes to the Nevada workers’ compensation system and the Nevada Industrial Insurance Act. One of those positive changes included the passing of AB 128, which will modify parts of NRS...

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 even cancers. Occupational diseases and the statutes governing them can be found in NRS 617. Reporting requirements for occupational diseases versus occupational injuries have one...

Just because you have a workers’ compensation claim does not mean you cannot also sue the person that caused your injury! However, if the person that caused your injury was an employee or due to the negligence of your employer, you are stuck with just a workers’ compensation claim. What are examples of when I can have both a workers’ compensation claim and a personal injury claim? Sometimes, a work injury may be the result of a car accident or busted piece of equipment. In these cases you may also a personal injury claim. If you are a runner for a law office and rear-ended by a FedEx...