Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Workers’ Compensation Benefits
If your accident occurred at work or during job duties, Nevada law typically requires your employer’s workers’ compensation insurer to cover lost wages. Under NRS 616C.100–616C.220 (https://www.leg.state.nv.us/NRS/NRS-616C.html), you may receive:
- Temporary Partial Disability (TPD): 2/3 of your pre-injury average weekly wage for limited incapacity periods.
- Temporary Total Disability (TTD): 2/3 of your wage when you cannot work at all.
- Permanent Disability: Compensation for lasting impairment once medical care ends.
To start a claim, report your injury in writing to your employer immediately. Then file a Claim for Compensation Form with the Nevada Division of Industrial Relations.
2. Personal Injury Lawsuit Against a Third Party
If someone other than your employer caused the accident—such as a negligent driver or property owner—you can file a civil lawsuit for negligence. In Nevada, you may recover:
- Lost Wages: Back pay from the date of injury until you return to work.
- Future Lost Earnings: If injuries affect your ability to earn in the future.
- Pain and Suffering: Non-economic damages for physical and emotional distress.
Keep records: pay stubs, tax returns, employer statements. The statute of limitations for personal injury claims is two years under NRS 11.190 (https://www.leg.state.nv.us/NRS/NRS-11.html#NRS11Sec190).
3. Uninsured or Underinsured Motorist (UM/UIM) Coverage
If a negligent driver has no insurance or insufficient limits, your own auto policy may cover lost wages. Nevada law (NRS 687B.020–687B.060; https://www.leg.state.nv.us/NRS/NRS-687B.html) lets you tap UM/UIM benefits. Check your declarations page for limits and exclusions.
4. Short-Term and Long-Term Disability Insurance
Private disability policies—often purchased through employers—can pay a portion of your salary if injuries prevent you from working. Review your group or individual policy’s waiting period, benefit period, and proof requirements.
5. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)
If your injury causes total disability lasting at least 12 months or results in death, you may qualify for federal SSDI or SSI. The application process goes through the Social Security Administration. Expect a lengthy review and appeals process.
Helpful Hints
- Document everything: medical records, doctor’s notes, employer correspondence, and pay records.
- Meet all deadlines: file workers’ comp reports within 7 days and personal injury suits within two years.
- Keep clear communication with insurers; follow up in writing.
- Consider mediation or arbitration clauses in insurance policies before pursuing court.
- Consult an attorney promptly to review complex coverage issues or severance of benefits.