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Workers’ compensation provides employees with financial protection from most work-related accidents and injuries. When those incidents result in serious implications and permanent loss, seeking permanent total disability benefits may be an option.
Permanent total disability benefits (PTD) in Nevada differ significantly from temporary benefits. Obtaining those benefits can be more challenging because of the significant level of proof of loss you have to demonstrate. Here is what you can expect. Speak with a Las Vegas workers’ compensation lawyer today.
Permanent disability refers specifically to a payment an injured worker receives to compensate them for the long-term impact that a work-related injury caused. It can also apply to occupational illness that creates long-term effects. You will receive a percentage and dollar value of your salary based on two factors: the type of injury it is and the evaluation details supplied by your licensed medical provider.
Your permanent disability can be partial or total, depending on the factors and limitations you face on an ongoing basis.
A permanent partial disability means:
You receive a percentage of your average monthly salary leading up to the incident. This monthly payment continues until you reach the age of 70.
A permanent total disability means:
In this situation, you will receive two-thirds of the monthly salary you were earning prior to the incident occurring. These continue for the rest of your life. The insurance company may request that you receive a re-evaluation every year to determine if you still meet the qualifications for permanent disability. If this changes over time, your payments will cease.
In some situations, you may elect to receive what is owed to you in a lump sum instead of being paid out over time. This specifically applies to workers who have an injury that exceeds 30%. In this situation, you can request that payment up to 30% to be paid in a lump sum instead of receiving the funds over time.
If you elect to use the lump sum, you receive significantly less compensation overall, but you receive more money sooner.
The State of Nevada provides specific steps for you to take. It is critical to know that if there is even one component of this claim that is inaccurate or missing, the state will not award the correct amount and may deny your coverage.
To obtain PTD, you must first start by meeting with a doctor who is approved by the state of Nevada. There is a list of providers you can choose from. This provider will then determine the percentage of injury you have based on the standards set by the state. Remember, you can receive a review of your injury on an ongoing basis.
At DiMarco | Araujo | Montevideo, we provide our clients with hands-on support throughout the very specific and limited process of obtaining permanent total disability benefits in Nevada. We encourage you to always seek out our legal team before you file a claim to protect your right to fair compensation. Call our office today to schedule a free consultation.