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["Workers' Compensation"]
["Workers' Compensation"]
05/18/2022
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Summary of differences between federal and state regulations
There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Self-insurance by private carrier, individual employers, or groups of employers.
Exemptions from WC: Agricultural employers are not required to secure coverage, but may do so voluntarily. No exemptions for employers with small numbers of employees.
Medical benefits provided: Full.
Physician selection: Employee selects physician.
Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability. Discharge from employment for reasons other than gross misconduct does not limit an injured employee’s entitlement to receive benefits.
Benefits for permanent total disability (PTD): 66 2/3 of worker’s wage percent for life.
Benefits for permanent partial disability (PPD): The percent of disability is determined by the commission using AMA guides. Each 1 percent of impairment of the whole person is compensated by a monthly payment of .6 percent of the claimant’s average monthly wage for 5 years or until the 70th birthday of the claimant, whichever is later.
Scheduled awards: Scheduled awards are paid in addition to TTD benefits and upon termination of TTD benefits.
Disfigurement benefits: None
Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for duration of widow/widowerhood; children until 18. Children receive benefits beyond age 18 if disabled, or until age 22 if full-time students.
Maximum burial allowance: $5,000 (increased to $10,000 effective October 1, 2009). Transportation expenses are also allowed for the deceased and an accompanying person to a mortuary within the continental limits of the United States.
Waiting period: 5 days (temporary disability only). Compensation is retroactive if disability continues for 5 or more consecutive days from date of injury, or 5 or more cumulative days within a 20-day period.
Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. State fund or self-insurer pays cost of vocational rehabilitation and maintenance benefits. VR services may be provided in certain circumstances up to 2 ½ years. VR services may be offered out of state to an injured employee who lives 50 miles from any border of Nevada, or if employee can demonstrate that on date of injury his/her permanent residence was outside of state. Employee must accept physical and vocational rehabilitation or compensation may be suspended. During vocational rehabilitation employees receive an allowance that does not exceed TTD, travel, vocational rehabilitation, maintenance (same as TTD rate), lump sum rehabilitation buyout.
Attorney fees: There is no provision for attorney fees. The Nevada Attorney for Injured Workers represents claimants without a fee.
Occupational hearing loss statutes: Employee has 90 days from the date of discovery to file for compensation.
Forms - http://dir.nv.gov/WCS/Workers__Compensation_Forms_and_Worksheets/
What’s new - http://dir.nv.gov/WCS/home/
State
Contact
Division of Industrial Relations
Regulations
Nevada revised statutes 616A.435 - 616A.465 empowers the Nevada Attorney For Injured Workers to represent without fee, a claimant before the appeals officer, the administrator, district court, or supreme court. Upon request by an injured worker, NAIW may be appointed by an Appeals Officer or the Administrator of the Division of Industrial Relations.
Nevada Administrative Code:
Chapter 616C
Federal
Contacts
None.
Regulations
None.
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