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Sustaining and on-the-job injury can lead to major setbacks, particularly when it comes to lost wages. It is not uncommon for individuals to have to take time off of work while they recover from their injury or illness. However, is a workplace injury victim entitled to lost wages?
Here, we want to review what workers’ compensation covers, as well as what workplace injury victims in Las Vegas must do to recover the compensation they need.
Information from the Department of Business & Industry shows that individuals may be able to recover compensation for lost wages after a work injury under the following circumstances:
If the medical professional’s report indicates that the work injury victim cannot perform job-related duties because of a covered work injury or illness, then the worker may be able to receive temporary total disability (TTD) payments.
TTD Benefits are calculated based on 66 2/3% of the work injury victim’s average monthly wage. The maximum benefits a person receives are calculated at 150% of the state average monthly wage. This calculation will be based on an examination of the 12 weeks prior to the injury occurring. In the event the 12 weeks prior to the injury or illness are not representative of a person’s true wages, individuals can ask for a recalculation of their TTD benefits.
It is imperative for a work injury victim to file their claim as soon as possible. In Nevada, workplace injury or illness victims must report the injury or illness to their employer within seven days. They will have 90 days from the date the injury or illness was discovered to file a workers’ compensation claim.
Failing to abide by these deadlines could result in a workplace injury victim becoming ineligible to recover benefits, including compensation for their medical care as well as lost wage recovery.
After the workers’ compensation claim gets filed, the insurance carrier will have 30 days to either accept or deny the claim. If the insurance carrier denies the claim, then the denial letter must also include a description of the victim’s right to appeal to the Hearing Office, and the denial should include a “Request for Hearing” form.
If you or somebody you care about has sustained a workplace injury but are struggling to recover compensation for your losses, we encourage you to reach out to a skilled attorney as soon as possible. A Las Vegas work injury lawyer can help you navigate the workers’ compensation claims process, any necessary appeal, or a personal injury lawsuit if one is warranted for your situation.
The appeals process for a workers’ compensation claim can be complex, but a Las Vegas workers’ comp attorney can walk you through the steps needed to take to help ensure a fair hearing occurs. Your attorney will understand the importance of recovering not only compensation for the medical expenses related to the injury or illness but also the lost wages you need to support yourself and your family while you recover.