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When a person sustains an on-the-job injury in Nevada, they will likely be able to recover various types of compensation through the workers’ comp system. This includes the coverage of any medical bills arising due to the workplace injury as well as a portion of any lost wages. After a person has completed their treatment, at least to the point where they are unlikely to improve with additional medical care, the case will be settled. Here, we want to discuss what to expect from a workers’ compensation settlement in Nevada.
It is important to understand that a workers’ compensation claim should not be settled until the individual has reached what doctors consider “maximum medical improvement,” or MMI. This is a term typically associated with work injury claims, and a person reaches MMI if a doctor determines that the injury victim’s medical condition is unlikely to improve with additional medical treatment. This does not necessarily mean that a person has fully recovered. This simply means that the doctor does not think there will be any additional recovery with continued medical care.
When a person has reached maximum medical recovery, the workers’ compensation insurance carrier will notify the injured worker that their claim will be closed, whether or not there is a possibility for permanent disability benefits, and whether or not the worker will receive vocational rehabilitation benefits.
The worker will also receive a Notice of Intent to Close Claim, which indicates that the insurance carrier believes that all benefits have been paid up to that point and whether or not there will be an evaluation to determine what, if any, permanent disability benefits may be awarded.
In the event the person does expect to receive permanent disability benefits, the individual will also receive a determination of permanent disability benefits and monthly set payments, or they will receive information about a lump sum settlement for their disability.
In the event an individual is unable to return to work due to their injury, they can also receive vocational rehabilitation benefits or a lump sum rehabilitation award.
If a workplace injury or illness victim disagrees with the decision by the insurance company, they are allowed to file an appeal of the decision. Any appeal of medical benefits must be made within 14 days of the notification that the claim will be settled, but an appeal of disability benefits must be made within 70 days of the decision.
If you have any questions about your workers’ compensation settlement, we encourage you to reach out to a skilled Nevada work injury lawyer as soon as possible. These claims can become incredibly challenging, and it is important for individuals to take a stand against insurance carriers and their employers if they think they are not receiving fair treatment. An attorney can examine every aspect of the case and help ensure individuals are treated fairly and that they receive any benefits they are entitled to.
If you do have to appeal any final settlement decision with the insurance carrier, you need an attorney by your side. The appeals process can be confusing, and insurance carriers often work to take advantage of those without legal assistance.