Getting seriously hurt or sick on the job can be immensely disruptive to your personal finances and your professional career. Fortunately, virtually everyone classified as an employee in the state of Nevada should have access to workers’ compensation benefits through their employer. This should reimburse them for all medical expenses needed to help them get back into working shape or, at the very least, reach what their doctors deem to be maximum medical improvement (MMI).
If a work-related injury or illness prevents you from working for a significant period of time, you may also be eligible for temporary disability benefits. Below is a basic overview of temporary disability in Las Vegas workers’ compensation cases, as well as how support from a skilled workers’ comp lawyer can be essential to maximizing the compensation you receive.
Who Is Eligible for Temporary Disability Benefits?
You should be eligible to receive temporary disability benefits through a workers’ compensation claim in Las Vegas if a work-related injury or illness prevents you from performing some or all of your normal job duties for either:
- Five consecutive workdays
- Five non-consecutive workdays within a continuous 20-day period
This status of being temporarily disabled must be supported by your treating physicians, who must certify in a signed statement that they expect your working ability to be limited in specific ways for a particular period of time.
If you qualify for temporary disability benefits, you should receive your first payment within 14 days of initially becoming disabled. Your benefits will typically end whenever your doctor declares you have returned to healthy working shape or, in some cases, if your employer offers you modified work duties. At most, though, temporary disability benefits are only available for a maximum of 104 weeks, at which point you may be able to apply for permanent disability benefits if you are still experiencing a long-term loss of working and earning capacity.
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How Temporary Disability Is Valued in Workers’ Comp Claims
The value of temporary total disability (TTD) benefits in Las Vegas workers’ comp cases is generally two-thirds of the claimant’s average pre-injury weekly wage over the 12 workweeks prior to them sustaining their work-related injury or illness. However, TTD benefits are capped at two-thirds of 150 percent of the statewide average monthly wage.
Furthermore, if you are deemed to be only partially disabled on a temporary basis, you can receive temporary partial disability (TPD) benefits. These are calculated by taking the amount you would have received as TTD benefits and multiplying it against your doctor-assigned disability rating. This is something a qualified attorney can provide more specific information about during a private initial consultation.
Apply for Temporary Disability Benefits With the Help of Our Las Vegas Workers’ Comp Attorneys
Temporary disability benefits are not meant to completely replace the income you receive through a regular week’s work. Still, they are intended to help significantly lessen the financial damage a workplace injury causes you and your family. That said, you can only get these benefits if you can build a strong claim showing that you are entitled to them by law—and as anyone who has filed a workers’ comp claim before can tell you, that is often far easier said than done.
Fortunately, you have support from knowledgeable legal professionals to get the most money possible from temporary disability in your Las Vegas workers’ compensation case. Call today to schedule a free consultation and discuss your options.
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