Nevada Administrative Code Chapter 616C - Industrial Insurance: Benefits for Injury or Death
🏥 Overview of NAC Chapter 616C – Industrial Insurance: Benefits for Injury or Death
NAC Chapter 616C outlines the regulations governing workers' compensation benefits in Nevada, specifically addressing compensation for injuries or death occurring in the course of employment. These regulations are designed to ensure that employees who suffer work-related injuries or illnesses receive appropriate medical care, compensation for lost wages, and, in the event of death, benefits for their dependents.
📘 Key Provisions
1. Compensation for Injuries and Death (NRS 616C.505)
Death Benefits: In the event of an employee's death due to a work-related injury or occupational disease, the surviving spouse is entitled to 66⅔% of the employee's average monthly wage, payable until the spouse's death.
Burial Expenses: Burial expenses are payable up to $10,000, along with the cost of transporting the remains.
Dependents: If there is no surviving spouse, benefits are paid to dependent children or parents.
2. Annual Increase in Death Benefits (NRS 616C.508)
Annual Adjustments: Death benefits are increased annually by 2.3%, effective January 1 of each year.
Applicability: This increase applies to injuries or occupational diseases occurring on or after July 1, 2019.
3. Increased Death Benefits for Older Claims (NRS 616C.510)
Pre-1973 Claims: For injuries or occupational diseases occurring before July 1, 1973, surviving dependents are entitled to a 65% increase in death benefits, irrespective of wage limitations.
4. Compensation for Permanent Total Disability (NRS 616C.440)
Monthly Compensation: Employees permanently totally disabled due to a work-related injury or disease are entitled to monthly compensation equal to 66⅔% of their average monthly wage, subject to statutory limits.
5. Reimbursement for Transportation and Meals (NAC 616C.150)
Eligibility: Injured employees required to travel 20 miles or more one way for medical treatment are eligible for reimbursement of transportation costs.
Meal Reimbursement: Employees may also be reimbursed for meal expenses incurred during travel for medical treatment.
⚖️ Relevant Case Law
While specific case law directly interpreting NAC Chapter 616C is limited, the following general principles apply:
Enforcement Authority: Courts have upheld the authority of the Nevada Division of Industrial Relations to regulate and enforce provisions related to workers' compensation, including the determination and payment of benefits.
Benefit Entitlement: Courts have consistently affirmed that employees injured in the course of employment are entitled to compensation, and surviving dependents are entitled to death benefits, in accordance with the statutory provisions.
Benefit Increases: The statutory provisions for annual increases in death benefits have been enforced, ensuring that surviving dependents receive the mandated adjustments.
✅ Compliance Tips
Timely Reporting: Employees should promptly report work-related injuries or illnesses to their employer to ensure timely processing of claims.
Medical Documentation: Maintain thorough medical records and documentation to support the claim for benefits.
Legal Assistance: Consider consulting with an attorney specializing in workers' compensation to navigate complex claims or disputes.
Appeals Process: Be aware of the appeals process if a claim is denied or disputed, and ensure that all deadlines are met.
RELATED Blog
0 comments