Nevada workers who are injured on the job may be entitled to temporary total disability (TTD) benefits while they are unable to work during the recovery period, but these payments are not designed to last forever. There are a number of reasons why TTD benefits might end.
Temporary Total Disability Benefits
Under Nevada law, a worker who is injured on the job and unable to work due to the injury may be entitled to temporary total disability benefits. Temporary total disability is paid if a worker’s injuries prevent him/her from working for at least five days within a twenty-day period and the injured workers are placed on such work restrictions by the industrially authorized treating physician, and in writing.
To receive TTD benefits, an injured worker must file a workers’ compensation claim and abide by all regulations and restrictions. The worker must be examined by a licensed physician that is pre-authorized by the insurer to provide industrial treatment on the claim and receive a signed certification by the physician that states: the worker’s period of disability; a description of the worker’s physical restrictions and limitations; and whether the worker’s limitations are temporary or permanent.
Employers can avoid paying temporary disability benefits in Nevada by offering an injured employee modified work that meets restrictions noted on the physician’s report. However, the work must have similar hours, wages, and benefits, and be in the same or close location as the worker’s regular job. If the job tasks meet the limitations imposed by the physician’s report but the employee refuses the work, temporary disability payments may be denied.
Termination of Benefits
Workers who qualify for TTD benefits will receive two-thirds of their average weekly wage for as long as they qualify. Temporary disability benefits will end when:
- The physician’s report deems the worker able to perform his/her normal job
- The injured worker no longer has current work restrictions, in writing, executed by the industrially authorized treating doctor
- The injured worker refuses modified work duties that accommodate their restrictions
- The worker is determined to have reached maximum medical improvement
- The worker is terminated for gross misconduct
- The worker is incarcerated
Temporary disability benefits are available to an injured worker during the time necessary for medical treatment and recovery. Once medical treatment ends or can no longer help with recovery, temporary disability benefits will stop. If the worker still can’t return to work due to his/her injuries, a permanent disability claim can be filed through a job injury lawyer. If the claim is denied, the attorney can file an appeal through proper channels.