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Workers Compensation in Nevada

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Jason Metz

Nevada requires all businesses to have workers comp for employees, with only a few exceptions.

Workers compensation insurance typically pays a portion of an employee's salary and medical bills if they are injured doing a work-related task. The types of injuries that can be covered by workers comp range from burns to muscle injuries to broken bones.

Nevada workers compensation law define many details of who must be covered, who can be exempt from coverage, and the limits of workers comp payments. Below are many of the specifics contained in the workers comp law in Nevada. The Nevada Department of Business & Industry Industrial Relations also has a page with helpful information for employers.

Who has to be covered by Nevada workers compensation?


Can any employees opt out of Nevada workers compensation with a waiver?

Yes - corporate officers can. Sole proprietors can elect to be covered.


Is self-insurance for workers comp allowed in Nevada?

Yes, for individual employers, groups of employers and political subdivisions. Political subdivisions in Nevada are typically the state or a city, county, special district, school district or public agency.

By self-insuring, a business assumes responsibility for paying their own workers comp claims. A self-insured company typically hires a claims service company to handle claims administration and other services.


Are there exclusions for:

Small employers? No.

Agricultural employers? Yes.

Domestic employers? Yes.

Independent contractors? Yes.

Casual employees? No.

Volunteers? No.

Professional athletes? Yes.

Nevada workers comp medical benefits


Is there a Nevada workers comp fee schedule?

Yes.

Fee schedules define payments for surgery, radiology, hospital services, chiropractic care, ambulance service, prescription drugs and other medical services for an injured worker.


Are there limits on medical treatment?

None.


Who makes the initial choice of treating physician?

The employee, from a list provided by the employer or from within the employer's managed care plan.

Disability payments for workers compensation insurance in Nevada

Workers comp typically pays an employee some of their lost income if they cannot work because of a job-related injury. The amounts and length of disability payments are based on state law for both temporary and permanent disability.


How are temporary total disability (TTD) payments calculated?

66 2/3% of the employee's average monthly wage, subject to a maximum.

Weekly minimum: None.

Weekly maximum: $831.88

Maximum length of TDD benefits: For the duration of temporary total disability.

How are permanent total disability (PTD) payments calculated?

66 ⅔% of the employee's pre-injury average monthly wage, subject to a maximum.

Weekly minimum: None.

Weekly maximum: $831.88

Are there cost of living increases for PTD payments? Yes.

Maximum length of PTD benefits: None.

How are permanent partial disability (PPD) payments calculated?

66 ⅔% of the employee's average weekly wage, subject to a maximum.

Weekly minimum: None.

Weekly maximum: $831.88

Fatality benefits under Nevada workers compensation law

Maximum burial benefit: $10,000

Dependency benefits, weekly minimum / maximum: None / $831.88

When do children's dependency benefits end? At age 18; age 22 if the child is a student; if the child is disabled, benefits end at age 18 with an exception if the child is incapable of supporting themself.

Other injuries covered by Nevada workers comp insurance

Mental stress with no physical injury? Yes.

Cumulative trauma (such as injuries caused by repeated exposure or repetitive motion)? Yes.

Occupational hearing loss? Yes.

Disfigurement? Yes, if impairment included in the permanent partial disability (PPD) evaluation.

Source: Workers Compensation Research Institute, May 2016 report