How Workers’ Compensation Is Calculated & The Payout Structure Explained

Most jobs come with a certain amount of injury risk. Especially jobs that are involved physically. Because of this, companies in Nevada are required to hold workers’ compensation. As an employee, filing for workers’ compensation after an injury can be complex and can involve a lot of back-and-forth between your Las Vegas personal injury lawyer and employer.

If you are injured at your place of work, it is important to understand your rights, what to expect, and how to go about filing for workers’ compensation. A lawyer can be a substantial asset during the process.

Workers’ compensation will cover several things such as medical coverage and helping an employee recover after an injury. If you are eligible for a settlement, the amount you are awarded varies depending on the severity of the injury, your age and the income you made before the injury. The compensation in a claim can include:

• Doctor visits
• Hospital stays
• Surgeries
• Prescription medications
• Physical Therapy and rehabilitation
• Medical equipment
• Lost wages
• Death benefits
• Vocational rehabilitation

The steps you take after your injury are crucial to whether or not you receive compensation and how much it will be. If you are injured while working do the following steps:

• Step 1: Notify Your Employer of the Injury- If you are able to inform your employer, you should do so right away. You will have 7 days to do so in writing. However, if your injury requires you to seek immediate medical attention, inform your employer as soon as you can within those 7 days. You will be required to fill out a form (Form C-1) as an official record.
• Step 2: Seek Medical Attention from Authorized Doctor- Seeking medical care should be the other immediate step taken. Doing so ensures your medical care can easily be tied to the injury sustained. You will want to find a doctor that is within your employer’s workers’ compensation insurance network. This doctor will work with you to complete the Employee’s Claim for Compensation/Report of Initial Treatment (C-4) form. This form must be completed and signed within 90 days.
• Step 3: Await the Decision of the Insurer- The insurance company will have 30 days from receipt of the C-4 form to accept or deny your claim. You will receive a notification of their decision by written letter. If denied, you will be given the option to appeal with the help of your personal injury attorney in Las Vegas.

Your benefits will be determined through a specific process using your income. Additionally, Nevada has a maximum and minimum allowances for lost wages that change every year. Using information you provide, they will first calculate your lost wages using your average weekly wage and the compensation rate.

You will give the insurance company a record of your income over the last 12 weeks before the injury. They will take into account your overtime, bonuses, and any other income. If you have irregular income, such as seasonal work or another part-time job, this will be taken into account as well. If going back a year from the date of injury is more accurate in terms of wages, then that can be used instead of 12 weeks.

Using this information, the insurance company will come up with an average weekly wage (AWW). The compensation rate will be applied to this amount, giving you the amount of lost wages you can receive. The compensation rate in Nevada is 66 2/3% of your average monthly wage.

Another factor taken into account when calculating amounts is what type of disability is needed. The different kinds of disability that can be paid out are:

• Temporary Total Disability: If you’re completely unable to work for a short period of time.
• Temporary Partial Disability: If you’re able to do some work, but a reduced amount.
• Permanent Partial Disability: If your injuries are permanent, but you’re still able to work to some extent.
• Permanent Total Disability: If you’re permanently unable to work after your injury.

Nevada workers’ compensation also covers medical expenses that are related to your work injury. You must receive medical treatment by an authorized doctor, unless in an emergency situation. The costs can cover your hospital and medical treatment, medications, physical therapy, surgical procedures, rehabilitation services, and more.

If you find that you are unable to return to your same job and must look for another because of your injury, workers’ compensation can cover the following:

• Job training
• Job placement
• Counseling
• Education

For the maximum amount of awarded benefits, it can be extremely helpful to have a lawyer on your case. Your Las Vegas personal injury lawyer can look over your benefits and do their own calculations to ensure you are getting the compensation you deserve. If there is a discrepancy, your lawyer can appeal on your behalf.

Your lawyer will ensure all your earnings are documented to calculate your average weekly wage. They will work with medical experts to ensure your impairment is fairly assessed for the accurate amount of disability. They can help you challenge any minimization to your payouts due to disputes, claiming a pre-existing condition, or arguing the injury wasn’t work-related. With a lawyer, you can have peace of mind while you heal from your injury.

When you experience a workplace injury, reach out to our Las Vegas personal injury lawyers at Benson & Bingham right away. We have years of experience in the field and a track record of success in bringing our clients the maximum amount allowed in their workers’ compensation claim.

Don’t wait, contact us today for a free consultation to see how we can help ensure you get the compensation you deserve.