Types of Workers' Compensation Benefits in Nevada
If you've been injured on the job in Nevada, you may be entitled to more than just medical care.
Nevada's workers' compensation system provides four distinct types of wage replacement and disability benefits, each designed to address a different stage or severity of your injury. Understanding which benefits apply to your situation, and how they're calculated, is one of the most important steps you can take after a workplace injury.
At Becker & Vail LLC, we represent injured workers throughout Las Vegas, Henderson, North Las Vegas, and Clark County. This page explains the four types of workers' compensation benefits in Nevada: Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), and Permanent Partial Disability (PPD).
The Four Types of Workers' Compensation Benefits in Nevada
Nevada Revised Statutes (NRS) Chapter 616C governs the benefits available to injured workers. The four primary wage replacement and disability benefit types are:
Each benefit type has its own eligibility rules, calculation method, and duration. The sections below provide an overview of each, follow the links to our dedicated pages for full detail on how each benefit works.
BENEFIT TYPE
Temporary Total Disability (TTD)
WHEN IT APPLIES
Unable to work at all while recovering
DURATION
Until MMI or return to work
PAYMENT RATE
66⅔% of average monthly wage, up to statutory maximum
Temporary Total Disability (TTD) Benefits
Temporary Total Disability benefits are the most common form of workers' compensation wage replacement. TTD applies when a work injury leaves you completely unable to perform any work while you are recovering.
How TTD Is Calculated
TTD pays two-thirds (66⅔%) of your average monthly wage at the time of injury, subject to a statutory maximum set each fiscal year by the Nevada Division of Industrial Relations. Benefits begin after a waiting period of five calendar days, if your disability lasts more than five days, the first five days are also compensated.
How Long TTD Lasts
TTD continues until one of three things happens: you return to work, you reach maximum medical improvement (MMI), or your treating physician releases you to modified duty. The point at which TTD ends is often the beginning of the PPD evaluation process.
Temporary Partial Disability (TPD) Benefits
Temporary Partial Disability benefits apply when you can return to work in some capacity, for reduced hours, modified duties, or a light-duty position, but your post-injury earnings are lower than your pre-injury wages. TPD bridges that wage gap during your recovery.
How TPD Is Calculated
TTD pays two-thirds (66⅔%) of your average monthly wage at the time of injury, subject to a statutory maximum set each fiscal year by the Nevada Division of Industrial Relations. Benefits begin after a waiting period of five calendar days, if your disability lasts more than five days, the first five days are also compensated.
TPD and Employer Return-to-Work Offers
A common point of confusion arises when an employer offers modified duty that doesn't align with a physician's stated restrictions. If your employer's offer falls outside your restrictions, you may retain full TTD benefits. Understanding this distinction matters, and it's an area where legal guidance is often valuable.
Read the full TPD guide: Temporary Partial Disability Benefits in Nevada (coming soon)
Permanent Total Disability (PTD) Benefits
Permanent Total Disability benefits apply in the most serious cases, when a work injury is so severe that you are permanently and totally unable to engage in any gainful employment. PTD is a lifetime benefit, not a temporary one.
What Qualifies as Permanent Total Disability
Nevada law under NRS 616C.440 lists specific injuries that are presumed to constitute permanent total disability, including: loss of both eyes, both hands, both feet, or combinations thereof. However, PTD is not limited to these examples, any injury that permanently removes an employee from the workforce may qualify.
How PTD Is Calculated
PTD benefits are paid at 66⅔% of the injured worker's average monthly wage, subject to the statutory maximum, for the remainder of the worker's life. Unlike TTD or TPD, PTD benefits include annual cost-of-living adjustments under NRS 616C.450 to account for inflation over time.
PTD and Social Security Disability
Workers receiving PTD benefits may also be eligible for Social Security Disability Insurance (SSDI). However, an offset may apply, the combined total of PTD and SSDI benefits generally cannot exceed 80% of the worker's pre-injury average current earnings. This interplay requires careful planning.
Read the full PTD guide: Permanent Total Disability Benefits in Nevada (coming soon)
Permanent Partial Disability (PPD) Benefits
Permanent Partial Disability benefits compensate for lasting impairment that affects your ability to function but still allows you to work in some capacity. PPD is evaluated after you reach maximum medical improvement and is based on an objective impairment rating performed by an approved physician under the AMA Guides, 5th Edition.
How PPD Is Calculated
For each 1% of permanent impairment, you receive monthly payments equal to 0.6% of your average monthly wage. These payments continue until age 70, or you may elect a lump sum settlement subject to present value reduction. The lump sum rules under NRS 616C.410 differ depending on your impairment rating.
Lump Sum vs. Monthly Payments
One of the most consequential decisions in any PPD case is whether to accept a lump sum settlement or receive ongoing monthly benefits. The right choice depends on your age, financial situation, and long-term medical needs. This decision should never be made without a full understanding of the present value reduction that applies to lump sum payments.
Can You Receive More Than One Type of Benefit?
Generally, you cannot receive TTD and TPD at the same time, and you cannot receive temporary disability benefits simultaneously with PPD benefits. However, the transition from one benefit type to another, for example, from TTD to PPD after reaching MMI, is a critical juncture in your claim where mistakes are common and the stakes are high.
If your claim involves a severe injury that ultimately qualifies for PTD, the process of establishing permanent total disability status requires thorough medical documentation and, in most cases, experienced legal representation.
Important: These benefit types follow a sequence tied to your medical recovery.
Missing a deadline, accepting a settlement too early, or failing to challenge an inadequate rating can permanently affect your financial future.
Becker & Vail LLC works to ensure injured workers throughout Clark County understand their rights at every stage of the claims process.
What Happens When Your Claim Is Denied or Underpaid?
Nevada's workers' compensation system is designed to protect injured workers, but insurance companies do not always act in good faith. A claim can be denied outright, a disability rating can be set too low, or an insurer may pressure you toward a quick settlement that doesn't reflect the true value of your injury.
Under NRS 616C.305 and related statutes, you have the right to appeal most insurance company determinations through Nevada's Hearings Division. Appeals involve multiple levels of review, from a hearing officer to an appeals officer to the district courts.
If your claim has been denied or you believe you're being underpaid, see: Denied Workers' Compensation Claim in Nevada
Frequently Asked Questions About Workers' Compensation Benefits in Nevada
What is the difference between TTD and TPD?
TTD (Temporary Total Disability) applies when you cannot work at all during your recovery. TPD (Temporary Partial Disability) applies when you return to work in a limited or modified capacity at reduced wages. TTD pays 66⅔% of your average monthly wage; TPD pays 66⅔% of the wage difference.
When does temporary disability end and permanent disability begin?
Temporary disability ends when your treating physician determines you have reached maximum medical improvement (MMI), the point at which your condition has stabilized. At MMI, your physician will assess whether you have any permanent impairment. If so, the PPD evaluation process begins, or PTD may be established if you cannot return to work at all.
How is my average monthly wage calculated?
Your average monthly wage is calculated based on your earnings at the time of injury using methods prescribed in NRS 616C.420 through NRS 616C.447. This figure directly affects the value of every type of benefit you may receive, which is why it's important to verify that the insurance company's calculation is accurate.
Can I choose my own doctor for a workers' compensation claim in Nevada?
Yes. Under NRS 616C.087, the choice of a treating physician is a substantive right. You may also see our full guide: Can I Choose My Own Doctor in a Nevada Workers' Comp Claim?
What if my employer retaliates against me for filing a claim?
Nevada law prohibits retaliatory discharge for filing a workers' compensation claim. See: What If My Employer Retaliates After I File a Workers' Compensation Claim?
Do I need an attorney to receive workers' compensation benefits?
You are not required to have an attorney, but legal representation significantly improves outcomes in cases involving denied claims, disputed disability ratings, lump sum settlement decisions, and PTD determinations. Becker & Vail LLC works on a contingency basis for workers' compensation matters; you pay nothing unless we recover additional benefits for you.
Navigating the four types of workers' compensation benefits in Nevada is rarely straightforward.
Benefit calculations, MMI timing, disability ratings, and settlement decisions all involve legal nuances that can have lasting financial consequences for injured workers and their families.
Becker & Vail LLC advocates for injured workers throughout Las Vegas and Clark County. Our firm offers:
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Thorough case evaluation, understanding which benefit types apply to your specific injury and timeline
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Disability rating review, ensuring your impairment is accurately assessed under the AMA Guides, 5th Edition
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Settlement analysis, helping you understand the long-term implications of lump sum versus monthly benefits
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Appeals representation, fighting denied claims and inadequate determinations through Nevada's hearing system
Contact Becker & Vail LLC today.
Email: information@beckervail.com
Office Phone: 702-209-0357
Assistance available in English, Spanish, and Hindi languages.
Quick Links for additional information about filing Workers' Compensation claims.
How to File a Workers' Compensation Claim in Nevada
Missing even one deadline can destroy your entire claim. Nevada has strict workers' compensation filing requirements. Read more >>
Denied Workers' Compensation Claim
If your Nevada workers' compensation claim has been denied, you're not alone and you're not out of options. Claim denials are common, but many can be successfully overturned through the appeals process. Read more >>
Work Place Injuries and Occupational Illnesses
Work Place Injuries and Occupational Illnesses
Nevada law provides coverage for a broad range of work-related conditions, and we're here to help you navigate your claim. Read more >>
Your Guide to Permanent Partial Disability Benefits
Understanding how Nevada workers' comp settlements work, particularly for permanent partial disability, can help you make informed decisions about your financial future. Read more >>
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Becker & Vail LLC offers assistance in English, Spanish, and Hindi languages.
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Email: information@beckervail.com
Office Phone: 702-209-0357