When a workplace injury leaves you unable to work, the financial pressure can feel overwhelming. You might know that workers’ compensation exists to help, but what if your injury is so severe that you also qualify for disability benefits? Can you tap into both sources of support simultaneously, or does accepting one disqualify you from the other? Here’s what you need to know about navigating these overlapping benefit systems in Nevada, and make sure to reach out to a Las Vegas workers’ comp attorney to learn more.
Types of Disability Benefits Available to Injured Workers in Nevada
Nevada’s workers’ compensation system provides benefits to people who were injured on the job or developed an occupational illness. The state offers several types of disability benefits depending on the nature and severity of your injury. If your work-related injury or illness keeps you from working entirely, you may qualify for one category of benefits. If you can still perform some duties but at reduced capacity, different benefits may apply.
Here’s a breakdown of what’s available:
- Temporary Total Disability (TTD): If you cannot work for more than five days due to your injury, you may receive TTD benefits equal to two-thirds of your average weekly wage before the injury.
- Temporary Partial Disability (TPD): If you can handle some work tasks while recovering, you may receive the difference between two-thirds of your pre-injury wage and your current earnings, payable for up to 24 months.
- Permanent Partial Disability (PPD): If your injury permanently prevents you from returning to your previous job but doesn’t completely disable you, PPD benefits are calculated based on your pre-injury wage and the disability rating your physicians assign. These benefits may continue for five years after TTD ends or until you turn 70.
- Permanent Total Disability (PTD): For the most severe cases where you are permanently unable to work at all, PTD benefits continue until your condition improves or for the rest of your life.
Understanding Social Security Disability Insurance
Social Security Disability Insurance (SSDI) operates separately from workers’ compensation. It’s a federal program designed for people who have worked for a certain amount of time—typically around ten years—to earn sufficient credits through Social Security. To qualify, you must have a medical condition that meets the Social Security Administration’s strict definition of disability. Your monthly benefit amount is based on your lifetime earnings history, not your most recent job. Unlike workers’ compensation, SSDI does not require your disability to be work-related.
When Workers’ Comp and Social Security Disability Overlap
You can receive both workers’ compensation and SSDI at the same time, but there are important details to consider. Nevada is an offset state, meaning your combined benefits cannot exceed 80% of your pre-injury income. If they do, the Social Security Administration will reduce your SSDI payment accordingly.
Learn How to Protect Your Benefits—Speak to an Attorney
Receiving workers’ comp and SSDI benefits at the same time is often possible—but the way your benefits interact matters enormously. A Nevada workers’ comp attorney can help you coordinate these benefits correctly and maximize your total recovery without running afoul of offset rules that catch many injured workers off guard. Reach out for a free consultation with our Vegas injury attorney to get a clearer picture of what benefits you may be entitled to and how to claim them.