If Injured at Work, Can I Receive Compensation?

Madeleine Jones
October 16, 2019

Under Nevada state law, most employers must provide workers’ compensation coverage to their employees in the event that they suffer an injury on the job or develop a work-related illness. However, there are many rules and regulations that come with collecting these benefits. Some injuries may not qualify for workers’ comp – including accidents that happen during lunch or on a break, depending on the circumstances.

 What Is Workers’ Compensation?

In the state of Nevada, all private employers who employ one or more employees must purchase workers’ compensation insurance. This insurance covers any medical expenses, disabilities, and lost wages that a worker incurs as a result of an injury on the job or a workplace-related illness. However, there are many regulations concerning what type of accident or illness is eligible for workers’ compensation and which are not.

Can You Claim Workers’ Compensation for Injuries on Break?

To claim workers’ compensation in the state of Nevada, you have to suffer an injury or develop a work-related illness as a result of the activities of your employment. In most cases, you cannot claim workers’ compensation if you were on a lunch break during the accident. However, there are exceptions to this rule.

Say that you are enjoying your lunch break and your supervisor comes into the lunchroom and asks you to get a task done immediately. You then leave your lunch and get back to work, and you may even return to lunch after you finish the task. Since you are working at this time, any accident you suffer could qualify for workers’ compensation benefits.

However, proving your case for collecting benefits can be difficult in this situation. Your employer or insurance company may argue that you were on a break and could deny your compensation. In these situations, contact a Nevada workers’ compensation attorney to help you file and solidify your case.

What Benefits Can You Receive in Workers’ Compensation Claims?

You can receive compensation for any medical expenses related to your injuries, including surgeries, doctor’s visits, medications, and hospitalizations. You may also receive compensation for lost wages and disability. There are four main types of disability benefits you can claim in Nevada.

  • You can receive temporary partial disability benefits if your injury prevents you from performing your regular duties for a short period of time. You can claim these benefits for up to two years and you will work part-time or on modified duty until your injuries improve.
  • You are eligible for temporary total disability benefits if you cannot return to work due to your disability for a certain period of time. You can receive two-thirds of your average monthly wages with these benefits until you are able to return to work. You will receive these benefits until you reach maximum medical improvement.
  • You can receive permanent partial disability benefits if a doctor’s evaluation finds that you suffered permanent damage to a certain part of your body. The doctor will assign a percentage to your level of impairment, and you will receive 0.6% of your average monthly wages for every 1% of your impairment. For example, a 30% impairment rating will give you 18% of your average monthly wages in benefits each month.
  • You can receive permanent total disability benefits if the injury is so severe that you will suffer from a complete, life-altering disability, such as leg amputation, paraplegia, and total blindness. You can receive two-thirds of your average monthly wages for as long as the disability lasts.

Depending on the circumstances of your injury, you may be able to collect compensation for an accident you suffered during a work break or during lunch. If you are unsure whether you are able to file or need assistance navigating Nevada’s workers’ compensation system, contact an attorney as soon as possible. Your Las Vegas workplace injury attorney will be able to examine the facts of your case and advise you of your best legal options.