What Are the Short-Term Disability Laws in Nevada?

Cogburn Law
Madeleine Jones
May 15, 2019

Suffering an injury or illness that leads to a temporary disability can present a significant burden on your life. You may have hefty medical bills on top of not being able to return to work during recovery. Luckily, the state of Nevada looks out for its workers.

The state has laws in place to help employees receive short-term disability benefits or temporary partial disability benefits in these situations. Learn how to navigate the state’s disability benefits to your greatest advantage while in recovery.

About Short-Term Disability Benefits

Disability insurance is entirely separate from Nevada’s workers’ compensation system. Disability insurance can provide benefits to workers even if their injuries or illnesses do not stem from workplace incidents. In Nevada, the disability insurance system offers two forms of benefits: short-term and temporary partial disability benefits. Short-term disability benefits replace part of the claimant’s salary for three to six months after the disability. This financial aid can help claimants fulfill financial commitments while they are in recovery.

Short-term disability benefits are most appropriate when a worker cannot work for a specific amount of time. When a physician states that a worker should be back at work within six weeks, for example, short-term disability benefits could be the right choice. These benefits only reimburse partial lost wages – not medical bills or any other financial losses. Approved claims typically lead to financial benefits within one to fourteen days after filing. For this reason, it is important to file for short-term disability benefits as soon as possible. Disabled workers may need to bridge the gap between payments with vacation or sick days.

How Much Can You Receive in Short-Term Disability Benefits?

Short-term disability relief will not result in 100% reimbursement of your lost wages. It will provide partial wage replacement according to what you currently make and what you used to make. In Nevada, you will generally receive around 67% of what you were making before your accident or injury. If you wish to recover compensation for your medical bills and other damages, you will need to file a workers’ compensation claim on top of a short-term disability benefits claim.

When Am I Eligible for Short-Term Disability?

An employee is eligible for short-term disability if they are suffering from an injury or an illness that will not allow them to perform the work they performed before the illness or injury occurred. 

Pregnant women also file for short-term disabillity to cover them after they have their baby. Short-term disability laws allow six to eight weeks of benefits for this situation in particular, depending on the type of birth and if there were any complications.

Employees can also be eligible for short-term disability benefits if the following circumstances apply:

  • You can work, but you’re earning significantly less money than before you had your injury.
  • After your injury, you now work a temporary, light-duty job for less money because of the different nature of the duty. Or, you earn the same amount, but you work reduced hours.
  • You still have the same job within your injury’s restrictions but are earning at a different rate. Your hope is to reach your previous wage within the next couple of years.
  • You are working multiple hobs, but your injury doesn’t allow you to return to all of them.

Whether you are able to return to work in a lesser capacity than you previously could or you cannot return to work at all, you may quality for disability benefits in Nevada. Holding a temporary, light-duty job or a permanent job with new restrictions can both qualify you for these benefits. You will receive benefits until you can return to work full time or until your doctor says you will never fully recover. At this point, you may qualify for other types of disability benefits.

How to Get Your Benefits

Obtaining benefits during your recovery takes filing a claim with the correct state agency. An agent will then review your claim and may request documentation of your disability from a medical provider. You should receive payment within two weeks of claim approval. If you need help filing a claim for short-term or temporary disability benefits in Nevada, speak to an attorney.

A Las Vegas personal injury lawyer will have the information you need to file your claim and provide the necessary evidence of your injury, such as medical bills. A lawyer can walk you through the claims process and improve your odds of receiving the temporary benefits you and your family need.