Nevada Workers' Compensation Laws

Workers’ comp is intended to help employees who suffered a work-relatedinjury as they recover. Nevada’s workers’ compensation insurance is handled by the Department of Business and Industry Division of Industrial Relations (DIR). Injured workers can address all their questions and concerns about their workers’ comp claims to the DIR. You can also download any necessary forms at this website.

Nevada Workers’ Compensation Laws

Workers’ compensation insurance coverage is a type of “no-fault” insurance. Workers’ comp provides employees with full medical benefits for work-related injuries and illnesses, regardless of fault. In exchange, it provides employers with an exclusive remedy against legal action by their workers. Injured employees cannot sue their employer for damages if they accept workers’ comp benefits.

Workers’ Comp Eligibility

All employers with even one employee must have workers’ compensation coverage (NRS § 616A.230). Workers’ comp covers all work-related injuries and illnesses caused by workplace exposure and repetitive movement. Sole proprietors do not have to carry workers’ comp if they are the only employee. Construction contractors must have workers’ compensation even if they have no other employees.

In Nevada, an “employee” includes:

• Full-time and part-time workers
• Seasonal employees
• Minors and family members
• Undocumented workers are protected, although they do not qualify for vocational rehabilitation
• Corporate officers, LLC members, and members of partnerships, unless they file a waiver of coverage
• Volunteers in some occupations such as ski patrol, firefighters, search and rescue, and deputy sheriffs
• State and local government workers

Under Nevada law, all construction workers are considered to be in an “employer-employee” relationship, even if they’re independent contractors. General contractors must have workers’ compensation insurance for their subcontractors and workers.

Exemptions

In some cases, an employee may not be covered by workers’ comp. These can include:

• Casual labor: A worker hired to do a job outside the normal business of the employer, costs less than $500 in total, and lasts 20 days or less
• Domestic workers: Babysitters, nannies, or housekeepers may be excluded depending on the time and nature of their work
• Some agricultural workers: Certain agricultural positions are exempt
• Out-of-state temporary workers: Applies if they work for employers with workers’ compensation insurance in another state
• Real estate agents: Applies if they work solely on commission

Independent Contractors and Misclassification

An independent contractor is not an employee. Nevada law considers how much control an employer has over the worker’s hours, output, and equipment when determining whether they’re a contractor or an employee. Independent contractors work for themselves and must have their own insurance.

If an employer misclassifies an employee to avoid paying workers’ comp benefits or taxes, they may violate Nevada and federal laws. If you believe you were misclassified, contact a workers’ compensation attorney.

Types of Nevada Workers’ Compensation Benefits

The state of Nevada provides three types of workers’ comp benefits: medical care, wage replacement, and death benefits. Let’s examine each one.

Medical Benefits

Workers’ compensation covers 100% of all “reasonable and necessary” medical treatment after an injury, including:

• Doctor visits, ER visits, hospital stays, and outpatient treatment
• Physical therapy, occupational therapy, and post-operative treatment
• Prescription medication, in-home medical care items, and prescribed medical devices and equipment
• Reimbursement for transportation to and from medical care within certain limits

Your employer’s insurance must pay all costs for your medical treatment. There should be no out-of-pocket costs for your care.

You may be required to use a pre-approved list of doctors provided by your employer for non-emergency treatment. Your employer should have a list of medical providers through their PPO or MCO. After 90 days, you can request a change of physician through the DIR. Some employers may let you opt out of the pre-approved list before any job-related injury, but you must do so before you get hurt on the job.

Wage Replacement Benefits

Workers’ comp offers four types of wage replacement benefits. These are:

• Temporary total disability (TTD) applies if you can’t work for at least five consecutive days or five total days in any 20-day period, or if your doctor places work restrictions your employer won’t accommodate. You can receive full wage replacement until you can return to work.
• Temporary partial disability (TPD) pays when you return to work under restrictions or in a different position and your wages are less than what you received in your original job. TPD compensation makes up the difference and can be paid for up to 24 months.
• Permanent partial disability (PPD) is determined after you reach “maximum medical improvement” (MMI) and still have an impairment that prevents you from returning to your original job. With PPD, you can return to gainful employment at a different position or lower-paying job. PPD payments make up for some of these lost wages.
• Permanent total disability (PTD) applies if you’re certified as “permanently and totally disabled” and can no longer work. You’ll receive monthly benefits up to about two-thirds (66 2/3%) of your average monthly wage. Your employer must arrange for an evaluation of your disability status to receive a PPD or PTD award.

Benefits stop when you return to work, including “light duty” that matches your accommodations, or when you reach MMI and a permanent disability award must be determined.

Death Benefits

Death benefits are available for eligible dependents after a worker dies from a work-related injury or occupational disease. The family must file within a year of the worker’s death to receive benefits, including up to two-thirds of the decedent’s average monthly wage. The insurer covers transportation and burial expenses up to $10,000.

• Surviving spouses receive monthly payments for life or until remarriage
• Dependent children can receive benefits until age 18 or age 22 if they are enrolled as full-time students
• Children with special needs may receive benefits for life or until they become self-supporting
• If there is no surviving spouse or children, some dependent parents or minor siblings may qualify for benefits

Your situation may be better served by a civil lawsuit. If you’re unsure of how to proceed, consider speaking with a Nevada personal injury attorney.

Calculating Nevada Workers’ Compensation Benefits

Nevada workers’ compensation benefits can be calculated in several ways. These are some of the systems you may encounter.

12-Week Wage History

The standard method is to take the 12 weeks immediately before your injury and total all wages for the period. “All wages” means your total gross earnings for the full 12 weeks, including regular salary, hourly pay, overtime, tips, and other benefits. Your average monthly wage (AMW) equals your total earnings divided by 84 x 30.44 to ensure a standard monthly length.

One-Year Lookback

If a 12-week period doesn’t reflect your full earnings, the insurer may use a one-year lookback. This applies to workers with seasonal fluctuations (like casino or resort workers) or if you recently received a raise that hasn’t yet appeared in your wages.

Short-Term Calculations

Recent hires who don’t have enough weeks on the job to use either calculation follow a different rule. If you have more than four weeks but fewer than 12, the insurer uses your full employment period with the 30.44 multiplier to calculate a one-month wage. For those on the job less than four weeks, the insurer uses your hourly pay rate and projected work schedule to estimate your monthly paycheck. These calculations ensure recent hires are not penalized for getting injured after only a short time at work.

Concurrent Employment

Working two or more jobs? Nevada’s workers’ comp laws can include both sets of wages in the calculations. If you can’t continue working at the other job because of your injury and that employer also has workers’ compensation insurance, those earnings will be included in your wage calculations.

Wage Caps and Eligibility

Your total benefits can’t exceed the state maximum benefits of about $5,691 per month, or about $1,308 per week for injuries occurring between July 1, 2026, and June 30, 2027.

You must be off work for five consecutive days or a total of five days in a 20-day period to qualify for workers’ comp payments. If you’re off work longer than five days, you’re paid retroactively for the first five days.

Benefits can’t exceed a statutory maximum limit tied to 150% of the state’s average weekly wage, which updates annually on July 1st. For recent injuries, the maximum monthly wage considered is capped, limiting the maximum monthly payout.

Filing a Nevada Workers’ Compensation Claim

If you’re injured on the job in Nevada, you must report your workplace injury to your employer in writing within seven calendar days of the accident. Verbal notice or seeing an on-site nurse or medical officer is not enough. Tell the doctor it’s a work-related injury so they can complete their paperwork.

You must file an Employee’s Claim for Compensation within 90 days of the injury. Your employer must file a Notice of Injury and give you a copy. The insurer has 30 days from the filing date to accept your claim, request more information, or deny it.

If Your Workers’ Comp Claim Is Denied

The most common reason a Nevada workers’ comp claim is denied is a missed deadline. If you don’t report your accident in writing within seven days or file your claim for compensation within 90 days of the injury, your claim will likely be rejected.

Other reasons your claim may be denied can include:

• Your injury was not work-related: The insurer may claim your injury occurred off the clock or was outside your usual job duties
• Lack of medical proof: Medical evidence must clearly link the injury to your job task and to what you were doing at the time of the accident, especially with occupational diseases
• Intoxication or substance abuse: These provide grounds for denial unless you can show that your accident was unrelated to their use
• Horseplay and intentional misconduct: Inappropriate conduct on the job isn’t covered by most insurance companies

This is not an exhaustive list.

Misclassification and Uninsured Employers

In most cases, workers’ comp insurance does not cover independent contractors. Employers who misclassify employees to avoid paying workers’ comp claims and employment taxes can face sanctions and fines. Nevada law presumes all workers are employees unless evidence shows otherwise. If you believe you’ve been misclassified as an independent contractor, consult an employment law attorney.

Employers with more than one employee must have workers’ comp insurance or self-insure. If you discover your employer lacks workers’ comp coverage, you can file a claim with the Nevada Uninsured Employers‘ Claim Account. You should also file a complaint with the Nevada Division of Industrial Relations to protect your legal rights.

How To Appeal a Denied Claim

If your claim is denied, you have the right to appeal the denial. The denial letter should explain why the insurer denied your claim. Take time to review the letter carefully, as some denials are partial. You may want to consult with a workers’ compensation attorney.

You must file a Request for Hearing form within 70 days of the date of the denial letter. Your request form must contain all information required by Nevada law and include:

• Your name
• Your employer’s name
• The insurance company
• Claim number
• A copy of the denial letter

At this hearing, you may only discuss the claim denial. You can’t introduce any additional evidence.

If you disagree with the hearing officer’s decision, you have an additional 30 days to file an appeal with an Appeals Officer, and 30 days from that hearing to appeal to the District Court for judicial review. District court appeals are extremely complex, so consider speaking with a workers’ comp attorney.

Get Legal Advice From a Nevada Workers’ Compensation Attorney

Workers’ compensation benefits are part of your legal rights after a workplace injury. Getting the right amount can be complicated, especially if you’re still recovering from your accident. A Nevada workers’ compensation attorney can help ensure you get the disability benefits and medical care you are entitled to after a workplace injury or accident.