Temporary Partial Disability (TPD)
Benefits in Nevada
Going back to work after a job injury sounds like progress, and it is. But for many injured workers, returning to modified duty or reduced hours means accepting a paycheck that no longer covers the bills.
Nevada's workers' compensation system has an answer for that: temporary partial disability (TPD) benefits. TPD bridges the wage gap when you're back on the job but earning less than you were before your injury. It's one of the least understood benefits in the Nevada workers' compensation system, and it's frequently miscalculated by insurance adjusters. This page explains exactly how TPD works, how it's calculated, what can cause it to end prematurely, and what you can do if the insurer gets it wrong.
For a side-by-side overview of all four benefit types, see: Types of Workers' Compensation Benefits in Nevada.
If your wages after returning to modified duty are being calculated incorrectly, your TPD benefits were cut off early, or the insurer is disputing your earning capacity, Becker & Vail LLC can help.
Table of Contents
Jump to the section that matches your situation:
What Is Temporary Partial Disability in Nevada?
Temporary partial disability is a wage replacement benefit that compensates injured workers who have returned to work in some capacity, but are earning less than their pre-injury average monthly wage because of their injury. The key distinction from TTD is this: with TTD, you cannot work at all; with TPD, you can work, but your injury has reduced your earning capacity.
TPD is governed by NRS 616C.500. The statute defines the benefit as the difference between what you are earning after the injury and what you would receive if you were totally unable to work, your TTD rate. In practical terms, the insurer calculates your TPD by taking your TTD rate and subtracting your actual net post-injury wages for each pay period.
Who Qualifies for TPD Benefits in Nevada?
You may be eligible for temporary partial disability benefits if all of the following are true:
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You have an accepted workers' compensation claim for a work-related injury or occupational disease.
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You have returned to work, either with your original employer in a modified or light-duty capacity, or with a different employer, but are earning less per pay period than your TTD rate.
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You have not yet reached maximum medical improvement (MMI), or your wage reduction is directly connected to physical restrictions from your work injury.
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Your reduced wages are not the result of an unrelated personal choice or a separate non-work-related condition.
TPD most commonly arises in two scenarios: an employer places an injured worker in a modified light-duty role at reduced hours or pay, or a worker returns to a job with restrictions that prevent them from working overtime or performing higher-paying duties they previously held.
TPD and the Connection to TTD
TPD and TTD are not mutually exclusive over the course of a claim, they are sequential. Most TPD recipients were on TTD first, then transitioned to modified duty. Understanding how TTD benefits work is essential context for TPD, because your TTD rate is the baseline number used in every TPD calculation.
How Is TPD Calculated in Nevada?
The TPD formula under NRS 616C.500 is straightforward in concept but frequently misapplied in practice. Here is how it works:
Step 1: Calculate your TTD rate
Average Monthly Wage (AMW) × 66.67% = TTD Rate
Step 2: Determine your net post-injury wages
Gross wages earned minus required payroll deductions
(Social Security, Medicare, federal income tax, other required deductions)
= Net Wage [per NAC 616C.598(2)]
Step 3: Calculate TPD
TTD Rate minus Net Wage = TPD Benefit
(If Net Wage >= TTD Rate, no TPD is owed for that period)
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Example:
Pre-injury AMW: $4,500 / month
TTD Rate: $4,500 × 66.67% = $3,000 / month
Post-injury net wage: $1,800 / month (reduced hours, light duty)
→ TPD Benefit: $3,000 - $1,800 = $1,200 / month
Net Wages, Not Gross, Is What the Law Requires
One of the most important details in the TPD formula is that the comparison is between your TTD rate and your net wages after required payroll deductions, not your gross wages. This distinction is spelled out in NAC 616C.598(2) and the Nevada DIR's Form D-46 (Temporary Partial Disability Calculation Worksheet), which insurers are required to use.
Why does this matter? Because if the insurer compares your TTD rate to your gross wages instead of your net wages, your TPD benefit will be understated, sometimes significantly. Always request a copy of the D-46 worksheet from your insurer to verify the calculation is correct.
The 2026 Maximum, and Why It Still Affects TPD
For 2026, the maximum TTD rate in Nevada is $5,468.53 per month (based on an average monthly wage cap of $8,202.80 under NRS 616A.065).
This cap also applies to the TTD rate used in the TPD formula. If your pre-injury AMW exceeded $8,202.80, your TTD rate, and therefore your maximum possible TPD benefit, is still capped at $5,468.53 / month. The maximum is updated each July 1 by the Nevada Division of Industrial Relations.
The 24-Month Cap on TPD Benefits
TPD benefits in Nevada are not indefinite. Under NRS 616C.500, TPD can be paid for a maximum of 24 months during the period of disability. This is a hard cap, once 24 months of TPD payments have been made, no further TPD benefits are owed regardless of whether your wages are still reduced.
What Happens After 24 Months?
When TPD reaches the 24-month limit, the claim does not simply end. If you have not yet reached maximum medical improvement, your treating physician will eventually make that determination. At MMI, your claim transitions to the permanent disability evaluation phase, which may result in permanent partial disability (PPD) or, in severe cases, permanent total disability (PTD) benefits.
The 24-month clock makes timing critical. If your claim is being delayed by the insurer, whether through disputes over your wage calculation, arguments about light-duty compliance, or other tactics, the 24-month TPD window may be running while you wait. Contact Becker & Vail LLC if you believe delay tactics are affecting your TPD timeline.
Other Reasons TPD Ends Before 24 Months
The 24-month cap is the outer limit, but TPD can end earlier for several reasons:
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You reach maximum medical improvement (MMI) and are released to full duty without restrictions.
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Your post-injury wages return to or exceed your pre-injury average monthly wage, eliminating the wage gap.
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Your physician removes all work restrictions and your employer returns you to your pre-injury position at full pay.
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Your claim is closed under NRS 616C.235 following proper written notice from the insurer.
Light-Duty Offers, Modified Duty, and TPD
Most TPD situations arise from a light-duty or modified-duty scenario, your employer offers you work that accommodates your physical restrictions, you accept, and you earn less than you did before. This is the intended function of TPD: to make injured workers financially whole while they recover and continue working in whatever capacity they can.
But not all light-duty situations are clean, and several common disputes affect TPD benefits:
When the Light-Duty Job Doesn't Fit Your Restrictions
Under NRS 616C.475(8), an employer may offer temporary light-duty work to avoid paying TTD. However, that offer must genuinely fit within the physical limitations set by your treating physician. If the light-duty job requires activities that exceed your restrictions, and you perform those activities, you may be aggravating your injury without any additional compensation or legal protection.
If you accept a light-duty position that exceeds your restrictions, document the discrepancy immediately and bring it to your treating physician's attention. Your medical records will be critical if a dispute arises later about the severity of your condition or the appropriateness of the work offered.
When Your Employer Creates a TPD Shortfall Through Wage Manipulation
Nevada law requires that modified or light-duty positions offered under workers' compensation pay wages that are genuinely reflective of the work being performed, not artificially suppressed to minimize the employer's or insurer's TPD liability. If you have reason to believe your light-duty wages have been set unusually low compared to similarly situated workers, or that your position has been structured specifically to reduce your TPD entitlement, that is a dispute worth raising through legal channels.
When You Work for a Different Employer
In some cases, an injured worker cannot return to their original employer, whether because no light-duty work is available, the employer has closed, or another circumstance has intervened, and takes work elsewhere. TPD still applies in these situations: if your new wages are below your TTD rate, the difference is owed as TPD by the original claim's insurer, subject to the 24-month cap.
Common Ways Insurers Get TPD Wrong
TPD is one of the benefit types most susceptible to calculation errors, intentional and unintentional. Here are the most frequent problems Becker & Vail LLC sees:
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Using gross wages instead of net wages in the D-46 worksheet, understating the TPD benefit.
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Applying the wrong average monthly wage, particularly if the 12-week calculation understates a worker's typical earnings and the one-year alternative under NAC 616C.435(2) should have been used.
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Failing to account for all qualifying post-injury income when it should reduce TPD (e.g., not crediting wages earned at a second employer).
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Stopping TPD payments prematurely by claiming the worker has reached MMI before the treating physician has made that determination.
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Applying the 24-month cap incorrectly, for example, counting periods when no TPD was owed toward the cap, or failing to restart the calculation after a gap in modified duty.
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Failing to issue proper written notice under NRS 616C.235 before closing a claim that includes TPD.
If you believe your TPD is being calculated incorrectly or has been cut off without proper justification, see: Denied Workers' Compensation Claim in Nevada.
TPD, Vocational Rehabilitation, and Returning to the Workforce
In some cases, an injured worker's restrictions are significant enough that no suitable light-duty work is available with their original employer, and the path forward involves vocational rehabilitation rather than modified duty. Nevada's workers' compensation system provides for vocational rehabilitation services under NRS 616C.530 through 616C.575 when an injured worker cannot return to their previous occupation.
It's important to understand that accepting or rejecting an offer of light-duty work does not automatically affect your eligibility for vocational rehabilitation services. Under NRS 616C.475(8), the making, acceptance, or rejection of a light-duty offer does not exempt an employer from its vocational rehabilitation obligations.
If you are navigating the intersection of TPD and vocational rehabilitation, the decisions you make about which benefits to pursue, and in what order, can have long-term financial implications. Legal guidance is particularly valuable at this stage.
Frequently Asked Questions About TTD Benefits in Nevada
What is the difference between TPD and TTD in Nevada?
TTD (Temporary Total Disability) applies when you cannot perform any work at all due to your injury. It pays 66⅔% of your average monthly wage. TPD (Temporary Partial Disability) applies when you return to work in a reduced or modified capacity and earn less than your TTD rate. TPD pays the difference between your TTD rate and your actual net post-injury wages, for up to 24 months.
Does TPD apply if I go back to work somewhere other than my original employer?
Yes. If you take work with a different employer while your Nevada workers' compensation claim is still open, and your wages at that new job are below your TTD rate, you may still be entitled to TPD from your original claim's insurer. The key is that the wage reduction must be attributable to restrictions from your work injury, not an unrelated personal choice.
Can I receive TPD if I work part-time?
Yes. In fact, part-time work is one of the most common TPD scenarios. If your treating physician restricts you to part-time hours and your employer accommodates that restriction, your reduced paycheck compared to your full-time pre-injury wages will typically generate a TPD entitlement, calculated using the D-46 worksheet formula under NAC 616C.598.
What if my employer offers me light duty but won't put it in writing?
Under NRS 616C.475(8), an employer who offers light-duty work must confirm that offer in writing within 10 days. An oral offer that is never confirmed in writing may not satisfy the legal requirements to stop TTD payments or shift you to TPD. Do not assume an oral offer is legally binding, and do not take action based on an informal offer without first consulting an attorney.
Can the insurer stop TPD without warning?
No. Under NRS 616C.235, the insurer must send written notice before closing your claim or terminating benefits. That notice must include the reason for closure, the effective date, and your appeal rights. If you receive an unexpected notice stopping your TPD payments, you have a limited window to appeal, act immediately.
What counts as the 24-month clock for TPD, continuous months or total months paid?
The 24-month cap under NRS 616C.500 refers to the cumulative period of disability during which TPD is paid, not necessarily 24 consecutive calendar months. This distinction matters when there are gaps in modified duty, for example, if you briefly returned to full duty before your condition worsened again. If the insurer is applying the cap in a way that seems to shortchange you, the calculation methodology is worth reviewing with an attorney.
What happens to TPD if I reach MMI?
When your treating physician determines you have reached maximum medical improvement, your TPD benefits end regardless of the 24-month clock. At that point, the claim transitions to permanent disability evaluation. If your injury has left you with lasting impairment, you may be eligible for permanent partial disability (PPD) benefits, a separate and distinct benefit type with its own calculation and timeline.
Temporary partial disability claims sit at the intersection of medical treatment, wage accounting, and employer obligations.
TPD claims are fertile ground for disputes, errors, and missed entitlements. The attorneys at Becker & Vail LLC, work with injured workers throughout Las Vegas, Henderson, North Las Vegas, and Clark County to:
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Verify that your TPD calculation uses net wages, not gross, and correctly applies your actual average monthly wage.
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Review light-duty offers to confirm they comply with your physician's restrictions and the wage comparability requirements under Nevada law.
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Challenge improperly applied 24-month caps or premature benefit terminations.
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Evaluate whether vocational rehabilitation services should be part of your claim and how they interact with your TPD entitlement.
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Represent you through Nevada's administrative hearings process if your TPD benefits are disputed or denied.
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Prepare you for the transition from TPD to permanent disability evaluation at MMI, so no benefits are missed in the handoff.
Contact Becker & Vail LLC today.
Email: information@beckervail.com
Office Phone: 702-209-0357
Assistance available in English, Spanish, and Hindi languages.
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Email: information@beckervail.com
Office Phone: 702-209-0357