Workers’ compensation is a no-fault insurance program which provides benefits to employees who are injured on the job and protection to employers who have provided coverage at the time of injury.
In Nevada, an injured workers’ benefits are set within the State’s statutes. Employers who provide coverage for their employees at the time of injury will be insulated from any additional damages claimed by their employees as a result of an injury that occurred while on the job location or within the scope of employment.
What happens, however, when an employee is not only injured on the job, but dies? Who receives the benefit coverage and what type of protection is provided?
Death Benefits in Nevada are payable to eligible survivors for the death of an employee caused by any “injury by accident arising out of and in the course of employment.”
Per Nevada Revised Statute 616C.505:
(A) Burial expenses are payable in an amount not to exceed $10,000, plus the cost of transporting the remains of the deceased employee.
(B) Except as otherwise provided in subsection 3, to the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until the death of the surviving spouse.
(C) If there is a surviving spouse and any surviving children of the deceased employee who are not the children of the surviving spouse, the compensation otherwise payable pursuant to subsection 2 must be paid as follows until the entitlement of all children of the deceased employee to receive compensation pursuant to this subsection ceases: (a) To the surviving spouse, 50 percent of the death benefit is payable until the death of the surviving spouse; and (b) To each child of the deceased employee, regardless of whether the child is the child of the surviving spouse, the child’s proportionate share of 50 percent of the death benefit and, except as otherwise provided in subsection 11, if the child has a guardian, the compensation the child is entitled to receive may be paid to the guardian.
(D) If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his or her proportionate share of 66 2/3 percent of the average monthly wage for the support of the child.
The term “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death.
It must also be noted that it is possible for children over the age of 18 to continue to receive compensation.Surviving children over the age of 18 that are incapable of supporting himself or herself is able to continue to receive compensation until such time as the child becomes capable of supporting himself or herself. Further a child over the age of 18 years old may continue to receive compensation if he or she is enrolled as a full-time student in an accredited vocational or educational institution, until the child reaches the age of 22 years.
If you need assistance in enforcing Workers’ Compensation benefits, seek the help of qualified and experienced legal counsel. 702 Defense has years of experience in this area and can be reached at 702-333-3673.